Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 37

37. (1) Where a health and safety representative for a designated work group
has reasonable cause to believe that there is an immediate threat to the
health or safety of one or more of the employees included in the group unless
the employee ceases to perform particular work, the representative must:
(a) inform a person (in this section called a "supervisor") supervising the
employee or employees in the performance of the work of the threat to health
or safety; or

   (b)  if no supervisor can be contacted immediately - direct the employee or
        employees to cease, in a safe manner, to perform the work, and as soon
        as practicable inform a supervisor that the direction has been given.

(2) Where a supervisor is informed under paragraph (1) (a) of a threat to the
health and safety of one or more of the employees, the supervisor must take
such action as he or she considers appropriate to remove that threat, and any
such action may include directing the employee or employees to cease, in a
safe manner, to perform the work.

(3) Where a health and safety representative:

   (a)  is unable to agree with a supervisor whom the representative has
        informed under paragraph (1) (a) of a threat to the health or safety
        of persons performing work, and who has taken such action as the
        supervisor considers appropriate to remove that threat, that the
        action taken was sufficient to remove that threat; or

   (b)  is unable to agree with a supervisor whom the representative has
        informed under paragraph (1) (b) that there is a need for a direction
        under that paragraph; the representative or the supervisor may make a
        request to the Commission or to an investigator that an investigation
        be conducted of the work that is the subject of the disagreement.

(4) As soon as possible after a request is made, an investigation must be
conducted of the work that is the subject of the disagreement, and the
investigator conducting the investigation must make such decisions, and
exercise such powers, under Part 4 as the investigator considers necessary in
relation to the work.