South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 36

36—Action where the health and safety of a worker is threatened

        (1)         Where a health and safety representative is of the opinion that there is an immediate threat to the health or safety of an employee who is a member of the work group that the health and safety representative represents, the health and safety representative must consult with the employer in relation to the matter.

        (2)         If the health and safety representative and the employer are unable within a reasonable time to resolve a particular matter pursuant to subsection (1), the matter must, if there is a health and safety committee that has responsibility in relation to the matter, be referred to that committee or, if there is no such committee, the matter must be referred to an inspector.

        (3)         Despite subsections (1) and (2), if the health and safety representative is of the opinion that given the nature of the threat and degree of risk work should immediately cease, the health and safety representative may direct that work cease until adequate measures are taken to protect the health and safety of an employee.

        (4)         Where a health and safety representative gives a direction that work cease—

            (a)         if the direction is given without consultation with the employer or before the matter has been considered by a health and safety committee (if any) that has responsibility in relation to the matter, the health and safety representative must, as soon as practicable after giving the direction, consult with the employer and, if it is necessary or appropriate, with the committee; and

            (b)         the employer or the health and safety representative may request an inspector to attend at the workplace.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]