South Australian Consolidated Acts

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 34

34—Responsibilities of employers

        (1)         An employer must—

            (a)         consult any relevant health and safety representatives and health and safety committees on any proposed changes to any workplace, the plant used at any workplace, the substances used, handled, processed or stored at any workplace, the work to be conducted at any workplace or the procedures for carrying out work at any workplace, where those changes might affect the health, safety or welfare of employees at the workplace; and

            (b)         consult any relevant health and safety representatives and health and safety committees on the occupational health, safety and welfare practices, procedures and policies that are to be followed at any workplace; and

            (c)         consult any relevant health and safety representatives and health and safety committees on any proposed changes to occupational health, safety and welfare practices, procedures or policies; and

            (d)         consult any relevant health and safety representatives on any proposed application to the designated person for the modification of the requirements of any regulation; and

            (e)         at the request of the employee, permit a health and safety representative to be present at any interview concerning occupational health, safety or welfare between the employer (or a representative of the employer) and an employee who is a member of the work group that the health and safety representative represents; and

            (f)         permit any relevant health and safety representative to accompany an inspector during an inspection of any workplace; and

            (g)         permit a health and safety representative to have access to such information as the employer possesses or can reasonably obtain—

                  (i)         relating to risks that arise or may arise at any workplace where employees who are members of the work group that the health and safety representative represents work, out of work conducted at any workplace or out of plant or substances used at any workplace; or

                  (ii)         concerning the health and safety of the employees of the employer (but personal information regarding the health of an employee must not be divulged under this subparagraph without the consent of the employee),

and, when requested to do so, supply a copy of that information to the health and safety representative; and

            (h)         immediately notify a health and safety representative of the occurrence of an accident, dangerous occurrence, imminent danger or risk or hazardous situation that affects or may affect any employee who is a member of the work group that the health and safety representative represents; and

                  (i)         notify a health and safety representative of the occurrence of any work-related injury to an employee who is a member of the work group that the health and safety representative represents; and

            (j)         provide such other facilities and assistance to health and safety representatives as are necessary or prescribed to enable them to perform their functions under this Act.

        (2)         An employer is not required to give to a health and safety representative under subsection (1)(g)—

            (a)         information that is privileged on the ground of legal professional privilege; or

            (b)         information that is relevant to proceedings that have been commenced under this Act.

        (3)         A health and safety representative is entitled to take such time off work as is reasonably necessary for the purposes of performing the functions of a health and safety representative under this Act.

        (4)         A health and safety representative who takes time off work under subsection (3)—

            (a)         is entitled to take that time without the loss of any remuneration (payable by the employer) that the health and safety representative would have received had he or she been at work for the relevant time; and

            (b)         is entitled to be reimbursed by the employer for any reasonable expenses reasonably incurred by the health and safety representative with respect to—

                  (i)         travelling; or

                  (ii)         obtaining meals or accommodation; or

                  (iii)         parking fees; or

                  (iv)         other matters (if any) prescribed by the regulations,

to the extent that these expenses are over and above, or additional to, expenses that the health and safety representative would have incurred in any event had he or she been at work at the relevant time.

        (5)         A health and safety representative must take reasonable steps to obtain the agreement of the employer before incurring any expenses that he or she intends to claim under subsection (4)(b) (and that agreement must not be unreasonably withheld).

        (5a)         The Advisory Committee may prepare and publish guidelines in relation to the operation of subsections (3), (4) and (5).

        (6)         If a dispute arises in relation to the entitlement of a health and safety representative under subsection (3) or (4), the health and safety representative or the employer may refer the dispute to the Industrial Commission.

        (7)         The Industrial Commission may determine the dispute and the decision of the Commission is binding on the health and safety representative and the employer.