South Australian Consolidated Acts South Australian Consolidated Acts32—Functions of health and safety representatives
(1) A
health and safety representative may, for the purpose of the health, safety
and welfare of the employees in the work group that the health and safety
representative represents—
(a)
inspect the whole or any part of any relevant workplace—
(i)
at any time after giving reasonable notice to the
employer (which must state the name of any consultant who is to accompany the
representative during the inspection and the purpose for which the
consultant's advice is sought); or
(ii)
immediately, in the event of an accident, dangerous
occurrence or imminent danger or risk to the health or safety of any person;
(b)
accompany an inspector during an inspection of any relevant workplace;
(c)
investigate complaints relating to occupational health, safety or welfare made
by employees in the work group;
(d) at
the request of the employee, be present at any interview concerning
occupational health, safety or welfare between an inspector and an employee;
(e) at
the request of the employee, be present at any interview concerning
occupational health, safety or welfare between the employer (or a
representative of the employer) and an employee;
(f) make
representations to the employer on any matter that relates to occupational
health, safety or welfare at any relevant workplace.
(2) In relation to the
inspection of a workplace under subsection (1)(a), a
health and safety representative may—
(a) be
accompanied by such consultants as the representative thinks fit; and
(b)
discuss any matter affecting health, safety or welfare with any employee at
the workplace; and
(c)
carry out any investigation that may appear appropriate.
(3)
Subsections (1) and (2) are subject to the following qualifications:
(a) a
health and safety representative is only entitled to be accompanied on an
inspection by a consultant approved by—
(i)
the Advisory Committee; or
(ii)
a health and safety committee that has responsibilities
in relation to the work group that the health and safety representative
represents; or
(iii)
the employer; and
(b) a
health and safety representative should take reasonable steps to consult with
the employer in relation to carrying out an investigation of any workplace and
the outcome of any such investigation.
(4) An employer is not
liable for the cost of a consultant attending at a workplace pursuant to this
section.
(5) The powers and
functions of a health and safety representative under this Act are limited to
acting in relation to the work group that the health and safety representative
represents.
(6) No provision of
this Act may be construed as imposing any duty on a
health and safety representative in his or her capacity as a health and safety
representative.
(7) Where a
health and safety representative exercises or performs a power or function
under this Act—
(a) for
an improper purpose intending to cause harm to the employer or a commercial or
business undertaking of the employer; or
(b) for
an improper purpose related to an industrial claim or dispute,
the health and safety representative is guilty of an offence.
Maximum penalty: Division 6 fine.
(8) In this
section—
"consultant" means a person who is, by reason of his or her experience or
qualifications, suitably qualified to advise on issues relating to
occupational health, safety or welfare.