State Safety Committee Requirements
Posted August 21, 2024
It’s no surprise that states have different requirements for safety committees. The are based on either their state OSHA plan or their state workers’ compensation laws. Some require a safety committee, others allow it to be voluntary and some do not require any safety committee at all.
It’s important to understand which states require safety committees and what the employer requirements are. If a state makes a safety committee mandatory, it could also have specifications for how it is developed and maintained.
This Compliance Overview provides detailed information on the states that require safety committees either under their state OSHA plan or workers’ compensation laws.
Safety Committee Overview
Safety committees are essential components of many organizations, serving as vital mechanisms for promoting and maintaining workplace safety. Typically, these committees comprise representatives from various departments or levels within the organization, including management, supervisors and frontline workers. Their primary objective is to identify, assess and mitigate potential workplace hazards and risks.
Safety committees meet regularly to discuss safety issues, review incident reports and devise strategies for improving workplace safety results. They facilitate communication between management and employees regarding safety policies, procedures and concerns, fostering a collaborative approach to safety management. Committee members often undergo training to enhance their understanding of safety regulations and best practices, enabling them to fulfill their roles effectively.
One of the key functions of safety committees is to conduct workplace inspections to identify potential hazards such as faulty equipment, unsafe work practices or environmental risks. They then work with relevant stakeholders to implement corrective measures and preventive actions. Additionally, safety committees play a crucial role in promoting safety awareness and fostering a culture of safety throughout the organization by organizing training sessions, safety campaigns and other educational initiatives.
Furthermore, safety committees serve as a forum for employees to voice their safety-related concerns and suggestions, ensuring their perspectives are heard and addressed. By actively involving employees in the safety process, these committees help cultivate a sense of ownership and responsibility for safety among all members of the organization. Safety committees contribute significantly to reducing workplace accidents, injuries and illnesses, thereby safeguarding the well-being of employees and enhancing the organization overall.
By promoting a culture of safety and continuous improvement, safety committees play a pivotal role in creating a workplace where employees can work confidently and securely. Ultimately, the safety committees’ proactive approach to safety management helps protect employees from harm, reduces the likelihood of accidents and injuries, and contributes to the overall well-being and success of the organization.
There are two ways a state would be required to have a safety committee: its OSHA state plan or its workers’ compensation laws. Each defines the requirements for employers that must have a safety committee. Regardless of whether a safety committee is mandatory, employers should consider having one because it benefits a company by reducing hazards and cases of injuries and illnesses. According to OSHA, organizations with effective safety and health management systems can reduce workplace injuries and illnesses by 20%-40%
The following reviews the requirements of safety committees in each state where such committees are required.
Alabama
Alabama does not require a mandatory safety committee; however, employers must allow for safety committees if their employees request it. This requirement falls under Alabama’s workers’ compensation laws.
Upon the written request of any employee, each employer subject to the workers’ compensation law must appoint a safety committee. The safety committee must comprise not less than three committee members, one of whom must be a nonsupervisory employee.
The safety committee must advise the employer on safety in the workplace, including suggestions from employees regarding safety conditions. Any employee must have the right to notify the safety committee of safety conditions in the workplace. The safety committee must develop procedures by which an employee may give such notification. These requirements do not apply to any employer who now or in the future has an established safety committee pursuant to a contract or agreement with its employees or their representatives.
California
California does not require employers to have a safety committee; however, employers that do have a safety committee must be in compliance with the communication requirement of the California OSHA Injury and Illness Prevention Program rule.
Connecticut
Connecticut has a mandatory safety committee requirement for employers. Safety committees are required for all employers that are self-insured, which means that the employer pays the cost of the workers’ compensation claim outright instead of using an insurance company. In addition, safety committees are required if a business has:
- More than 25 employees at a single worksite; or
- Twenty-four or fewer employees and a rate of work-related injury and illness rate that exceeds the average incident rate.
A single centralized committee may represent the safety and health concerns of covered employees if employees do not primarily report to work at a fixed location. In addition, if there are fewer than 25 employees in a location, the employer can also have a centralized committee for the representation of all covered employees.
A high incident rate refers to the employer’s incident rate being above the average incident rate, which is the average incident rate of work-related injury and illness for all industries in this state, as determined by the Connecticut Department of Labor. To determine the number of employees, employers must count regular employees, which does not include temporary or seasonal employees.
The committee must be composed of at least as many employee members as employer members. The number of employee members on the committee may be greater than the number of employer members. The employer’s nonmanagerial employees must select employee safety and health members. Furthermore, each committee must have a chairperson elected by the committee members. Employers and employee members may have rotating responsibilities for chairing committee meetings.
Reasonable efforts must be made to ensure that committee members are representative of the major work activities at the worksite. The committee must meet at least once every three months but can meet more often if necessary.
Employers must keep a roster of all the names and departments of the committee members. This information must be posted so all employees know who to contact on the safety committee with reports, questions or comments.
Employers must keep records of attendance and meeting minutes. All records must be provided to the chairperson or committee designee. These records must be kept for three years.
Any employee who participates in committee activities in a committee role will be paid at their regular rate of pay for all time spent on those activities.
The committee’s duties and responsibilities must include but not be limited to establishing procedures for sharing ideas with the employer concerning:
- Performing safety inspections;
- Investigating safety incidents, accidents, illnesses and deaths; Evaluating accident and illness prevention programs;
- Establishing training programs for the identification and reduction of hazards in the workplace that damage the reproductive system of employees; and
- Establishing training programs to assist committee members in understanding and identifying the effects of employee substance abuse on workplace accidents and safety.
- All committee members must be trained as committee members at no cost to the employees.
Any employer who can establish that, prior to July 1, 1993, it had an existing safety and health program or other program determined by the chairperson to be effective in the promotion of health and safety in the workplace may not be required to establish a safety and health committee.
Hawaii
Hawaii does not have a mandatory requirement for employers to have a safety committee. However, Hawaii OSHA requires that employers conduct periodic in-house safety and health inspections so that new or previously missed hazards or failures in engineering, work practices and administrative controls are identified.
The in-house inspections must be conducted by individuals who are trained to recognize hazardous conditions. These inspections can be done by members of the safety and health committee or a person designated and trained by the employer for the facility’s safety and health program.
Louisiana
Louisiana does not have a mandatory safety committee requirement. There is a requirement, however, for a safety plan, which includes the employer must have a “designation of employees responsible for safety” and regular safety meetings.
In addition, there is a mandatory safety committee requirement for employers that work with radiation. This requirement applies to all persons who receive, possess, use, transfer, own or acquire any source of radiation unless the use is regulated under the U.S. Nuclear Regulatory Commission. For example, medical institutions licensed to use radioactive materials must implement a radiation safety committee.
Minnesota
Minnesota has a requirement for mandatory safety committees. If employers have more than 25 employees or a high incident rate, a safety committee is required. Every public or private employer of more than 25 employees must establish and administer a joint labor-management safety committee. In addition, employers engaged in specific industrial classification codes must establish and administer a safety committee subject to the requirements of a Workplace Accident and Injury Reduction program. If the size of the employer’s workforce fluctuates, the employer is required to have a safety and health committee during the periods when it employs more than 25 employees.
Minnesota’s requirements for safety committees are as follows:
- A safety committee must hold regularly scheduled meetings unless otherwise provided in a collective bargaining agreement; and
- Employee safety committee members must be selected by employees.
An employer that fails to establish or administer a safety committee can be cited by the Minnesota Department of Labor and Industry. A citation is punishable as a serious violation with a fine not to exceed $15,625 for each violation. If a serious violation causes or contributes to the death of an employee, the employer will be assessed a fine of up to $25,000 for each violation.
Montana
Montana has a mandatory safety committee requirement. If an employer has more than five employees, they must have a safety committee. Safety committees must be composed of employee and employer representatives—this includes employee membership volunteers or members elected by their peers—and hold regularly scheduled meetings at least once every four months.
Nebraska
Nebraska requires all public and private employers subject to the Nebraska Workers’ Compensation Act to have a safety committee. In addition, each safety committee must adopt and maintain an effective written injury prevention program that addresses all worksites and all classes of workers. Where workers are assigned to worksites covered by another existing injury prevention program, those workers may be covered under that program if it appropriately responds to the duties of the worker.
The program must include safety training, which includes:
- Initial safety orientation on rules, policies and job-specific procedures for employees new to the work in a manner that is readily understood by each employee;
- Job-specific training for employees before they perform potentially dangerous work; and
- Periodic refresher training and dissemination of information on at least an annual basis for employees regarding the employer’s injury prevention program on safety rules, policies and procedures.
The primary consideration that may determine a program to be effective is if it results in the reduction or elimination of accidents. Further consideration for determination is effective preventive measures, documentation and constant response to unexpected emergencies.
The following are the requirements for the formation of a safety committee:
- The name(s) of safety committee members must be kept with and attached to the effective written injury prevention program;
- An equal number of committee members representing the employer and the employees is required. The employer’s representative may be a nonmanagement employee(s);
- The employer must retain full authority to manage the worksite(s);
- Committee members must meet at least once during every three months of operation or in a reasonable, timely response to unresolved employee complaint(s); however, safety committees need not convene during any calendar quarters where there are 75% fewer hours worked than any calendar quarter in the previous 12 months. Furthermore, there cannot be fewer than two safety committee meetings in a calendar year;
- Employers of 10 or fewer employees that had no injuries or illnesses normally reported or claims filed during the immediately preceding 12 months need only meet once during the following 12 months;
- Employers must compensate employee members of the safety committee at their regular hourly wages plus their regular benefits while they are attending committee meetings or otherwise engaged in committee activity. Compliance with state and federal wage and hour laws must be adhered to; and
- The safety committee must maintain written minutes of all meetings for at least three years unless otherwise instructed by the Nebraska Department of Labor.
Moreover, the safety committee may review all deaths and recordable injuries or illnesses. After such review, and when appropriate, the committee may make written recommendations regarding future prevention. Such safety committee reviews shall not supersede normal federal enforcement or insurance investigations that may take place.
If the employer is subject to a collective bargaining agreement, the committee must be developed through the collective bargaining process. If not, the committee must be composed of an equal number of members representing employees and the employer.
The employer must not discriminate against employees if they make any type of complaint to the safety committee or government agency. If an employee is discriminated against or discharged for making a complaint, they will be reinstated and receive reimbursement for lost wages and work benefits caused by the employer’s action.
If an employer fails to establish a safety committee 15 days after notice and a hearing, the employer may be issued a civil penalty of not more than $1,000 for each violation. Each day that the violation continues, the employer will receive a separate violation.
Nevada
In Nevada, if the business has more than 25 employees, it must have a safety committee. In addition, all employers that make explosives must have a safety committee.
The safety committee must include employee representatives. If a labor organization represents the employees, the employees must select the representatives of employees and not be appointed by the employer.
A representative of employees must be paid by their employer as if they were engaged in the employee’s usual work activities while engaging in the business of a safety committee, including attendance at meetings, authorized inspections or any other activity of the committee.
The safety committee’s procedures for selecting members, its purpose and duties and the frequency of the committee’s meetings must all be included in the employer’s required written safety program.
Employers who establish a written safety program must keep written records of the following:
- The safety and health issues discussed at safety committee meetings, if the employer is required to establish such a committee;
- The attendance of those persons who participate in the meetings of the safety committee; and The attendance of employees participating in the training programs.
Records must be kept for three years and be available for review when requested.
To obtain approval as an organization or association of employers as a group for insurance purposes, the organization or association must file with the Nevada Insurance Commissioner or a designated representative. Specifically, it must file a written statement from the organization or association that describes the safety committee that the organization or association will establish and maintain to reduce the incidence and severity of accidents.
New Hampshire
If the business has more than 15 employees, it must have a safety committee. Safety committees are referred to as joint loss management committees in New Hampshire. The size and composition of the joint loss management committee must be determined as follows:
- Employers with 15 to 20 employees must have a minimum of two members; and Employers with more than 20 employees must have a minimum of four members.
- Employee representatives must be selected by the employees. Where a single, exclusive bargaining representative represents the employees, the bargaining representative must designate the members.
Each bargaining unit of represented employees and any other group of employees not represented must have a proportionate number of committee members based on the number of employees in each bargaining unit or group where employees are represented by more than one labor organization. In addition, committee members must be representative of the major work activities and geographical area of the employer.
Committee members must be trained in workplace hazard identification and accident and incident investigation to adequately carry out the committee’s responsibilities.
The joint loss management committee must:
- Meet at least quarterly to carry out its duties and responsibilities;
- Keep minutes of meetings, which must be made available for review by all employees; Elect a chairperson, alternating between employee and employer representatives;
- Develop and disseminate to all employees a committee policy statement;
- Maintain current and disseminate to all employees the clearly established goals and objectives of the committee; Review workplace accident and injury data to help establish the committee’s goals and objectives;
- Establish specific safety programs;
- Assist with the identification of necessary safety and health training for employees; and Assist with the identification and definition of temporary, alternate tasks.
Employers must do the following for safety committees:
- Respond in writing to recommendations made by the committee or make a verbal response that is recorded in the committee’s official minutes;
- Pay any employee who participates in committee activities in the employee’s role as a committee member, including but not limited to attending meetings, training activities and inspections, at the employee’s regular rate of pay for all time spent on such activities; and
- Provide the required and necessary safety and health training for employees at no cost and without any loss of pay so they can perform their work in a safe and healthy manner and environment.
North Carolina
North Carolina requires safety committees for all employers with 11 or more employees and a workers’ compensation experience rate modifier (EMR) of 1.5 or above. In addition, temporary employees of employers that provide temporary help services must not be counted as part of the 11 or more employees needed to establish a safety and health committee, and employers that provide temporary help services must not be required to establish a safety and health committee for its employees assigned to a client’s worksite.
Each safety and health committee must comprise employee safety and health representatives and employer representatives who cannot exceed the number of employee representatives. Each safety and health committee must be co-chaired by a representative selected by the employer and a representative selected by the employee members of the committee.
Each safety and health committee is required to do the following:
- Review the employer’s safety and health program;
- Assess incidents involving work-related fatalities, injuries, illnesses, and employee safety or health complaints;
- Examine the employer’s work injury and illness records (excluding personally identifiable medical information) and other occupational safety and health documents when requested by the committee or its representatives;
- Inspect the worksite at least quarterly and in response to employee or committee member complaints about safety or health hazards;
- Interview employees during worksite inspections;
- Hold meetings at least quarterly and keep written minutes of these meetings;
- Monitor the measurement of employee exposure to toxic materials and harmful physical agents; Develop procedures for exercising the committee’s rights;
- Provide recommendations for improvements in the employer’s safety and health program and for correcting hazards to employee safety or health; permit committee members to submit separate views to the employer. These recommendations are advisory, and the employer retains full authority to manage the worksite; and
- Accompany the Labor commissioner or the commissioner’s representative during any physical inspection of the worksite, if requested.
Employers must permit members of the committee to take the time from work reasonably necessary to exercise the rights of the committee without suffering any loss of pay or benefits for time spent on duties of the committee.
Employers must designate one employee safety and health representative if the average number of nonmanagerial employees at the worksite during the preceding year was more than 10 but fewer than 50. If the worksite had 50 or more but fewer than 100 nonmanagerial employees, employers must designate two employee safety and health representatives.
For each additional 100 employees at the worksite, an additional safety and health representative must be appointed, up to a maximum of six representatives. In situations where employees do not primarily report to or work at a fixed location or where multiple employers’ employees work at the same site, the number of required safety and health representatives will be determined by the commissioner according to established rules.
Employee safety and health representatives must be chosen by and from the employer’s nonmanagerial employees, following the rules established by the commissioner. These rules may specify different selection methods for worksites with no bargaining representative, one bargaining representative and multiple bargaining representatives.
Employers must maintain written records detailing the selection process used. Nonmanagement employees who opt out of the collective bargaining process are still regarded as being represented by the collective bargaining representative for committee selection purposes under this rule.
Oregon
If businesses have more than 10 employees, they must have a safety committee. However, if the business has 10 employees or fewer, they can have safety meetings in place of a safety committee.
Employers must:
- Establish an effective safety committee or hold effective safety meetings;
- Communicate safety awareness information in a manner that employees with language barriers can understand; and Organize a safety committee or meetings based on the number of employees the employer directs and controls if the employer is a labor contractor.
Safety committees must do the following:
- Meet at least monthly, except in those months when quarterly inspections occur; Establish procedures for doing the quarterly safety and health inspections;
- Train persons performing inspections in hazard identification;
- Review all quarterly safety and health inspection reports and make recommendations to eliminate identified hazards;
- Work with management to establish procedures for investigating all safety incidents, accidents, work-related illnesses and fatalities. Persons investigating these events must be trained in the principles of accident investigation;
- Evaluate all investigation reports and make recommendations for ways to prevent recurrence; Set guidelines for the training of safety committee members; and
- Evaluate the accident and illness prevention programs at the workplace.
Management must pay members at their regular rate for attending meetings, trainings, inspections and other functions required by this rule. Employers should also provide committee members with timely access to the relevant rules and all applicable Oregon OSHA standards. Additionally, employers must respond to safety committee recommendations within a reasonable time.
Employers must ensure that employees are aware of the following:
- The committee and its members; Meeting times; and
- The method by which information is shared between management and workers.
Employees should also know their right to have their safety and health concerns heard by the committee and understand the employer’s method or system for reporting safety and health concerns, incidents and accidents.
Employers may opt for a centralized safety committee if there is more than one geographic employment location, the locations are close enough to ensure effective safety committees, and the joint committee represents the safety and health concerns of all employees at all locations.
Employers’ committees must have at least two members if there are 20 or fewer workers and at least four members if there are more than 20 workers. Members should represent the major activities of the business. Employers should ensure there is an equal number of employer-selected members and worker-elected or volunteer members unless both parties agree to have more worker-elected or volunteer members. The employer can select a supervisor or other employee to represent them, while workers can volunteer or elect any peer as a representative. Training must be provided on the purpose and operation of the safety committee, hazard identification and accident investigation principles. Members should ideally serve a minimum of one year and must agree on a chairperson by majority vote.
Safety committees must ensure compliance with several key responsibilities. They should convene meetings regularly, at least once a month, except during months when quarterly inspections are conducted. The committee must establish and maintain procedures for quarterly safety and health inspections, ensuring that those performing inspections are adequately trained in hazard identification.
Additionally, the committee is tasked with reviewing all quarterly inspection reports and making recommendations to eliminate identified hazards. It plays a crucial role in incident investigation, collaborating with management to establish procedures for investigating safety incidents, accidents, work-related illnesses and fatalities. The committee must ensure that those conducting investigations are trained in accident investigation principles.
For agricultural employers, it is mandatory to investigate every work-related lost-time injury. Furthermore, the committee must evaluate all investigation reports to recommend measures to prevent recurrence. It is also responsible for setting guidelines for the training of safety committee members and evaluating the effectiveness of the workplace’s accident and illness prevention programs.
Safety committee records must contain comprehensive information, including meeting dates, attendee names, reports, inspections, evaluations, recommendations, management responses, and other safety and health-related discussions. It’s essential to include the date by which management agrees to respond to specific recommendations. These records should be made readily available to all employees and Oregon OSHA representatives upon request. Furthermore, these records must be retained for at least three years to ensure compliance with regulations.
Pennsylvania
Employers can voluntarily form a workplace safety committee to reduce workers’ compensation costs but must submit an application to the Bureau of Workers’ Compensation (Bureau). An applicant-employer’s committee must be located within Pennsylvania.
The committee must be in existence and operating in full compliance for six full and consecutive calendar months prior to the signing, dating and submission of the application. The committee membership must represent all primary operations of the workplace.
The committee must be composed of a minimum of two employer representatives and a minimum of two employee representatives. In addition, the committee must be composed of at least an equal number of applicant-employer and employee representatives unless otherwise agreed upon by both parties. An applicant-employer must provide a satisfactory, written explanation for when a committee is not composed of an equal number of applicant-employer and employee representatives and a majority of applicant-employer representatives exists. The explanation must be signed by one employer and one employee committee representative.
Employer-representatives are individuals who, regardless of job title or labor organization affiliation and based upon an examination of that individual’s authority or responsibility, do one or more of the following:
- Select or hire an employee;
- Remove or terminate an employee;
- Direct the manner of employee performance; and Control the employee.
- Employee representatives are individuals who perform services for an employer for valuable consideration and do not possess any authority or responsibility. A person may not function as both an employer representative and an employee representative.
An applicant-employer who has only one workplace must form a single workplace safety committee at that workplace for certification. In addition, an applicant-employer who has more than one workplace may form either a single, centralized workplace safety committee representing each of its workplaces or separate and individual safety committees at each workplace within this Commonwealth for certification.
Workplace safety committees must establish procedures that retain a core group of experienced members to serve on the committee at all times.
Employee representatives of the committees must:
- Be permitted to take reasonable time from work to perform committee duties without loss of pay or benefits; and
- Join the committee for a continuous term of one year from the date of the first meeting attended.
Records of member rotation must be maintained by the applicant-employer for five years from the date of the Bureau’s receipt of the application.
Workplace safety committees must have responsibilities including:
- Representing the accident and illness prevention concerns of employees at every applicant-employer workplace;
- Reviewing the applicant-employer’s hazard detection and accident and illness prevention programs and formulating written proposals;
- Establishing procedures for periodic workplace inspections by the safety committees for the purpose of locating and identifying health and safety hazards. The locations and identity of hazards must be documented in writing, and the committees must make proposals to the applicant-employer regarding correction of the hazards;
- Conducting review of incidents resulting in work-related deaths, injuries and illnesses and of complaints regarding health and safety hazards made by committee members or other employees;
- Conducting follow-up evaluations of newly implemented health and safety equipment or health and safety procedures to assess their effectiveness; and
- Establishing a system to allow the committee members to obtain safety-related proposals, reports of hazards or other information directly from persons involved in the operation of the workplace.
A quorum of committee members must meet at least monthly. The committees must additionally:
- Develop operating procedures, such as rules or bylaws, prescribing the committees’ duties; Develop and maintain membership lists;
- Develop a written agenda for each committee meeting; Maintain committee meeting attendance lists;
- Take and maintain minutes of each committee meeting, which the applicant-employer must review. Copies of minutes must be posted or made available for all employees and must be sent to each committee member; and
- Ensure that the reports, evaluations and proposals of the committees become part of the minutes of the meeting, which must include inspection reports; reports on specific hazards and corrective measures taken; reports on workplace injuries or illnesses; management responses to committee reports; and decisions by majority vote.
The applicant-employer must, itself or through its insurer, provide adequate annual training programs for each committee member listed in the application.
Required annual committee member training must, at a minimum, address:
- Hazard detection and inspection;
- Accident and illness prevention and investigation (including substance abuse awareness and prevention training), safety committee structure and operation; and
- Other health and safety concerns specific to the business of the applicant-employer.
- Prior to submitting an application to the Bureau and annually thereafter, all committee members must receive annual training from individuals who meet Bureau requirements or who have been recognized by the Bureau as qualified trainers.
Applicant-employers are responsible for verifying trainer qualifications with the Bureau and supplying documentation supporting individual trainer qualifications.
The applicant-employer must maintain written records of safety committee training, including the following:
- Names of committee members trained; Dates of training;
- Training time period;
- Training methodology;
- Names and credentials of personnel conducting the training;
- Names of training organizations sponsoring training, if applicable; Training location; and
- Training topics.
Copies of the required documents of the functioning committee that relate to the committee responsibilities and committee member training must be retained by the applicant-employer for five years.
Tennessee
Every public or private employer that is subject to the workers’ compensation law must establish and administer a safety committee if the commissioner of Labor finds that the employer has an EMR greater than or equal to 1.20. The commissioner must provide notice to affected employers not less than 30 days before the implementation of such committees.
Safety committees must be established at each of the employer’s primary places of employment. For the purpose of these rules, a primary place of employment must mean a major economic unit at a single geographic location and comprise a building, a group of buildings and all surrounding facilities. As a primary place of employment, the location would have both management and workers present, and they must have the ability to take action on the majority of the recommendations made by a safety committee.
An employer’s auxiliary, mobile, satellite or temporary locations—such as those found in construction operations, trucking, branch or field offices, sales operations or highly mobile activities—may be combined at the employers’ discretion into a single, centralized committee upon approval by the commissioner. This centralized committee must represent the safety and health concerns of all the locations.
Upon application by the employer, the commissioner may approve safety committees that are innovative or differ in form or function when such committees meet the intent of these rules.
The safety committees required must be composed of an equal number of employer and nonmanagerial employee representatives. In situations where a collective bargaining relationship or a memorandum of understanding covering public employees exists, employee representatives may be selected by their peers. Seasonal workers MUST NOT be counted for the purpose of determining the number of members who serve on the committee.
Safety committees must comprise the following:
- No fewer than two members for each employer with 20 or fewer employees; or
- No fewer than four members for each employer with more than 20 employees.
Each safety committee must be co-chaired by a representative selected by the employer and a representative selected by the employee members of the committee.
Employee representatives attending safety committee meetings or participating in safety committee instruction or training must be compensated at their regular hourly wages.
The length of membership must be alternated or staggered so that at least one experienced member always serves on the committee. Membership must be structured to ensure the continuity of committee functions. Reasonable efforts must be made to ensure that committee members are representative of the daily work activities of the employer.
The committee must develop a written agenda for conducting safety committee meetings. The safety committee must conduct meetings at least once every 60 days, except in months when quarterly workplace safety inspections are made. This does not exclude other months from safety committee meetings if more frequent safety inspections are conducted.
Minutes must be made of each meeting, which the employer must review and maintain for three years for inspection by the Department of Labor. Copies of minutes may be posted or made available for all employees and must be sent to each committee member. A summary that accurately reflects all reports, evaluations and recommendations of the safety committee must be made part of the safety committee meeting minutes.
A reasonable time limit not exceeding 30 days must be established by the committee for the employer to respond in writing to all safety committee recommendations. The committee must assist in establishing a system to allow the members to obtain safety-related suggestions, reports of hazards or other information directly from all persons involved in the operations of the workplace. The information obtained must be reviewed at the next safety committee meeting and be recorded in the minutes for review and any necessary action by the employer.
The safety committee must assist the employer in evaluating the employer’s accident and illness prevention program and make written recommendations to improve the program where applicable. Additionally, the safety committee must:
- Assist in establishing procedures for workplace inspections by the safety committee inspection team to locate and identify safety and health hazards;
- Conduct workplace inspections at least quarterly; and
- Recommend to the employer how to eliminate hazards and unsafe work practices in the workplace.
The inspection team must include employer and employee representatives. It must document, in writing, the location and identity of the hazards and make recommendations to the employer regarding the correction of the hazards. The committee must conduct quarterly inspections of satellite locations or a representative authorized by the committee.
Worksites or locations and activities that do not lend themselves to a quarterly schedule must be inspected by the committee or a representative authorized by the committee as often as necessary based upon changes in working conditions or operations as the committee determines necessary. The employer must select the person designated to carry out inspection activities and receive training in hazard identification in the workplace.
The safety committee must assist in establishing procedures for the review of all safety and health inspection reports made by the committee. Based on the results of the review, the committee must make recommendations for the improvement of the employer’s accident and illness prevention program. The safety committee must also assist in evaluating the employer’s accountability system and make recommendations to implement supervisor and employee accountability for safety and health.
Furthermore, the safety committee must assist in establishing procedures for investigating all Tennessee Occupational Safety and Health incidents, including injury accidents, illnesses and deaths. Safety committees are not, however, required to conduct those investigations.
The following items must be discussed with all safety committee members about the requirements for safety committees:
- A safety committee’s purpose and operation;
- Locations;
- Innovations;
- Formation and membership;
- Duties and functions;
- Written record requirements;
- Employee involvement;
- Hazard assessment and control;
- Safety and health planning;
- Accountability;
- Accident investigation;
- Safety and health training and instruction; and
- Methods of conducting safety committee meetings.
Committee members must have ready access to applicable Tennessee Occupational Safety and Health Act and Standards and verbal instructions regarding their use.
All safety committee members must receive training based on the type of business activity. At a minimum, members must receive training regarding:
- Hazard identification in the workplace; and
- Principles regarding effective accident and incident investigations.
Washington
Employers with 11 or more employees must have safety committees. Washington requires employers to have a method of communicating and evaluating safety and health issues brought up by the company or employees in the workplace.
Employers may choose to hold safety meetings instead of having a safety committee if they have:
- Ten or fewer employees; or
- Eleven or more employees who work on different shifts with 10 or fewer employees on each shift or work in widely separate locations with 10 or fewer employees at each location.
Employers who have a safety committee need to make sure the committee:
- Has employee-elected and employer-selected members;
- Has an elected chairperson; and
- Determines how often, when and where the safety committee will meet.
Employees selected by the employees’ bargaining representative or union qualify as employee-elected. The number of employee-elected members must equal or exceed the number of employer-selected members. The term of employee-elected members must be a maximum of one year. There is no limit to the number of terms a representative can serve. If there is an employee-elected member vacancy, a new member must be elected prior to the next scheduled meeting.
Meetings should be one hour or less unless extended by a majority vote of the committee. If the committee cannot agree on the frequency of meetings, the Department of Labor and Industries (DLI) regional safety consultation representative should be consulted for recommendations.
Safety committees must do the following:
- Review safety and health inspection reports to help correct safety hazards;
- Evaluate the accident investigations conducted since the last meeting to determine if the cause(s) of the unsafe situation was identified and corrected; and
- Evaluate the workplace accident and illness prevention program and discuss recommendations for improvement, if needed.
Employers must record safety committee meetings with the attendance and subjects discussed. These records must be kept for one year and made available for review by the safety and health consultation personnel of the DLI.
If employers hold a safety meeting, the following must be done:
- Meetings are held monthly but may occur more often to discuss safety issues as they come up; and
- Meetings must have at least one management representative.
Safety committees must do the following:
- Review safety and health inspection reports to help correct safety hazards;
- Evaluate the accident investigations conducted since the last meeting to determine if the cause(s) of the unsafe situation was identified and corrected; and
- Evaluate the workplace accident and illness prevention program and discuss recommendations for improvement, if needed.
There are no formal documentation requirements for safety meetings except for writing down who attended and the topics discussed.
Conclusion
Employers in states that require safety committees should evaluate their procedures and policies to make sure they are in compliance with their states’ rules and regulations.