Safety in Industry Act, 1980

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Safety committee and safety delegate.

36.—(1) (a) Subject to section 37 (4) (b) of this Act, should they so wish the persons employed in premises to which this section applies may select and appoint from amongst their number members of a committee (in this Act referred to as “a safety committee”) to perform the functions assigned by or under this section to safety committees.

(b) The number of members of a safety committee shall not be less than three and shall not exceed one for every twenty persons employed in the relevant premises at the time when the committee is appointed or ten, whichever is the less.

(c) Where pursuant to paragraph (b) of this subsection the number of members of which a safety committee is to be comprised is—

(i) four or less, one member of the committee may be appointed by the relevant occupier and, subject to section 37 of this Act, the remaining members of the committee may be selected and appointed by the persons employed in the relevant premises from amongst their number,

(ii) not more than eight and not less than five, two members of the committee may be appointed by the relevant occupier and, subject to the said section 37, the remaining such members may be so selected and appointed,

(iii) more than eight, three members of the committee may be appointed by the relevant occupier and, subject to the said section 37, the remaining such members may be so selected and appointed.

(2) Where immediately before the commencement of this section a body having at least three members was either a safety committee within the meaning of section 73 (1) of the Principal Act or a committee or other body as regards which a certificate issued under section 73 (2) of the Principal Act was then in force, even if the number of members of the body is greater than ten the body shall for the purposes of this Act be deemed to have been appointed immediately after such commencement under subsection (1) of this section and references in this Act to a “safety committee” shall be construed as including references to the body.

(3) Where a safety committee is appointed under this section and at the time of the appointment any representative stands appointed under section 35 or 37 of this Act as regards the premises concerned, the appointment under this section shall operate to revoke the appointment of such representative.

(4) In case a safety committee is, or is deemed to have been, appointed under this section, the following provisions shall have effect:

(a) it shall be a function of the safety committee to assist the occupier concerned and the persons employed in the relevant factory or other premises in relation to the provisions of the Acts and of regulations under the Acts and to perform or exercise such other functions (if any), relating to the safety or health of such persons, as may stand for the time being specified in regulations made by the Minister, after consulting such organisations or other bodies of persons representative of employers and such organisations or other bodies of persons representative of trade unions or bodies analogous to trade unions as the Minister considers appropriate,

(b) (i) the safety committee may select and appoint from amongst those of their number who were selected and appointed by the persons employed in the relevant premises a representative (in this Act referred to as “the safety delegate”) to make representations on their behalf to and accompany inspectors pursuant to this section,

(ii) when reasonably practicable a person appointed to be a safety delegate shall have had, within the period of two years ending immediately prior to his appointment, experience in the work in which are engaged in the course of their employment the persons with whose safety, health and welfare he is concerned,

(iii) where a safety delegate ceases to be a member of the safety committee by whom he was appointed, he shall at the same time cease to be such delegate,

(c) the quorum for a meeting of a safety committee shall be such number, being not less than three, as shall for the time being be fixed by the committee,

(d) where a member of a safety committee ceases to be employed in the factory or other premises concerned, he shall at the same time cease to be a member of the committee,

(e) the relevant occupier shall be entitled to attend personally, or to nominate a person or persons to attend on his behalf at, each meeting of the safety committee,

(f) the said occupier or his nominee or nominees shall attend the first meeting after the commencement of this section of the safety committee and shall, as soon as may be after it is available, present to the members of the committee the statement required under section 39 of this Act,

(g) the said occupier shall consider any representations made to him by the safety committee on matters affecting the safety, health and welfare of persons employed in the relevant factory or other premises,

(h) the safety committee shall consider any representations made to it by the said occupier on matters affecting the safety, health and welfare of persons employed in the said factory or other premises,

(i) the safety delegate may make representations to an inspector on matters affecting the safety, health and welfare of the persons employed in the said factory or other premises (being representations made on the request of the safety committee) and, for the purpose of considering the representations, an inspector may inspect any records of the proceedings of the safety committee,

(j) where an inspector enters a premises for the purpose of making a tour of inspection (other than a tour of inspection to be made for the investigation of an accident), the said occupier shall take such steps as are practicable to inform the safety delegate,

(k) on a request being made in that behalf by him, the safety delegate shall be entitled to accompany an inspector on any tour of inspection of the said factory or other premises (or on any part of such tour) made by the inspector in the couse of duty which is not a tour of inspection made specifically to investigate an accident.

(5) Upon receipt of a notification in that behalf, the occupier concerned shall make an entry in the general register noting—

(a) the appointment of the safety committee,

(b) where appropriate, the revocation by that appointment of an appointment under section 35 or 37 of this Act,

(c) if the safety committee has appointed a safety delegate, the name of the safety delegate.

(6) On a request being made in that behalf by a safety committee, the relevant occupier shall consult with the safety committee with the object of reaching agreement concerning—

(a) facilities for holding meetings of the safety committee, and

(b) the frequency, duration and times of meetings of the safety committee.

(7) Subject to the terms of any agreement between the relevant occupier and a safety committee, meetings of the safety committee shall be held from time to time on such days as the committee shall decide and such meetings may be held during normal working hours without loss of remuneration to the members of the committee if the following conditions are satisfied, namely:

(a) except in the case of an emergency such meetings shall not be held more frequently than once every two months,

(b) the duration of each such meeting shall not exceed two hours, and

(c) the number of members of the safety committee attending such a meeting shall be at least such as is required to form a quorum, and

(d) the times at which the meetings of the safety committee are held shall be compatible with the efficient operation of the factory or other premises concerned.

(8) In case the number of persons employed for the time being at a premises to which this section applies is not a multiple of twenty, then for the purposes of this section the number of persons who are for the time being so employed shall be deemed to be the next highest number which is a multiple of twenty.

(9) This section applies to any premises which are premises, other than a dock, wharf, quay or warehouse, to which section 15 of this Act applies and are not a premises to which section 35 of this Act applies.