WORK HEALTH AND SAFETY ACT 2011 - SECT 68
Powers and functions of health and safety representatives
WORK HEALTH AND SAFETY ACT 2011 - SECT 68
Powers and functions of health and safety representatives
68 Powers and functions of health and safety representatives
(1) The powers and functions of a health and safety representative for a work
group are—
(a) to represent the workers in the work group in matters
relating to work health and safety; and
(b) to monitor the measures taken by
the person conducting the relevant business or undertaking or that person’s
representative in compliance with this Act in relation to workers in the work
group; and
(c) to investigate complaints from members of the work group
relating to work health and safety; and
(d) to inquire into anything that
appears to be a risk to the health or safety of workers in the work group,
arising from the conduct of the business or undertaking.
(2) In exercising a
power or performing a function, the health and safety representative may—
(a) inspect the workplace or any part of the workplace at which a worker in
the work group works—
(i) at any time after giving reasonable notice to the
person conducting the business or undertaking at that workplace; and
(ii) at
any time, without notice, in the event of an incident, or any situation
involving a serious risk to the health or safety of a person emanating from an
immediate or imminent exposure to a hazard; and
(b) accompany an inspector
during an inspection of the workplace or part of the workplace at which a
worker in the work group works; and
(c) with the consent of a worker that the
health and safety representative represents, be present at an interview
concerning work health and safety between the worker and—
(i) an inspector;
or
(ii) the person conducting the business or undertaking at that workplace
or the person’s representative; and
(d) with the consent of 1 or more
workers that the health and safety representative represents, be present at an
interview concerning work health and safety between a group of workers, which
includes the workers who gave the consent, and—
(i) an inspector; or
(ii)
the person conducting the business or undertaking at that workplace or the
person’s representative; and
(e) request the establishment of a health and
safety committee; and
(f) receive information concerning the work health and
safety of workers in the work group; and
(g) whenever necessary, request the
assistance of any person.
Note—
A health and safety representative also
has a power under division 6 to direct work to cease in certain circumstances
and under division 7 to issue provisional improvement notices.
(3) Despite
subsection (2) (f) , a health and safety representative is not entitled to
have access to any personal or medical information concerning a worker without
the worker’s consent unless the information is in a form that—
(a) does
not identify the worker; and
(b) could not reasonably be expected to lead to
the identification of the worker.
(4) Nothing in this Act imposes or is taken
to impose a duty on a health and safety representative in that capacity.