New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 29

29 Procedure for resolving matter that may be risk to health and safety

(1) This clause applies to the function of an OHS committee or an OHS representative under section 18 (c) of the Act to attempt to resolve a matter that may be a risk to health and safety at the place of work but, if unable to do so, to request an investigation by an inspector to resolve the matter.

(2) For the purpose of resolving the matter:

(a) the applicable OHS consultative arrangements are to be used, and

(b) the matter must be formally referred to the employer, and

(c) the employer is to consider the matter and respond in a timely manner.

(3) If the matter is not resolved after the employer has been given a reasonable opportunity to consider and respond to the matter, the OHS committee or OHS representative may request an investigation of the matter by an inspector.

(4) Such a request by an OHS committee is to be made through the chairperson of the committee. The committee may make arrangements for the making of such requests by the chairperson without a formal meeting of the committee being convened to authorise the making of each particular request.

(5) This clause does not limit any other power with respect to the inspection of places of work or of disputes arising at places of work.