South Australian Consolidated Regulations South Australian Consolidated Regulations (1) An employer must,
in relation to the implementation of these regulations, consult with any
relevant health and safety representative and health and safety committee
where the implementation of these regulations requires a change to a
workplace, work process, policy or procedure which may affect the health,
safety or welfare of an employee at work.
(2) Without derogating
from subregulation (1), in complying with the identification, assessment
and control provisions of these regulations, an employer must—
(a)
consult with any health and safety representative who represents an employee
who is required to carry out the relevant work; and
(b)
consult with any health and safety committee that has responsibility in
relation to an employee who is required to carry out the relevant work; and
(c) if
there is no health and safety representative or health and safety committee
with which consultation can occur under paragraph (a) or (b), consult, so
far as is reasonably practicable, with the particular employee or employees
who are required to carry out the relevant work; and
(d) if
an employee who is required to carry out the relevant work is a member of a
registered association—
(i)
at the request of a health and safety representative who
represents the employee; or
(ii)
if the employee is not represented by a health and safety
representative, at the request of the employee,
invite the registered association to consult with the employer in relation to
the performance of the work; and
(e) if
an invitation under paragraph (d) is accepted—consult with the
registered association.
(3) For the purposes
of this regulation, consultation involves the sharing of information and the
exchange of views between employers and the persons or bodies that must be
consulted and the genuine opportunity for them to contribute effectively to
any decision-making process to eliminate or control risks to health or safety.
(4) An employer who
contravenes or fails to comply with this regulation is guilty of an offence.
Penalty: Division 6 fine.
(5) If—
(a) an
employer must, in order to comply with the requirements of this regulation,
disclose information which—
(i)
relates to a trade secret; or
(ii)
is held by the employer on a confidential basis; and
(b) the
employer, at the time that he or she discloses the information, declares that
the information is confidential,
a person to whom the information is disclosed (either by the employer or by
another person) must not (if he or she is aware of the confidential nature of
the information) communicate the information to a third person unless—
(c)
—
(i)
that third person is directly involved in the
consultation process; or
(ii)
the disclosure of the information is necessary to protect
the health, safety or welfare of another person; or
(iii)
the disclosure is—
(A) necessary for the proper performance of
an official duty; or
(B) made with the consent of the employer;
or
(C) required by a court or tribunal
constituted by law; and
(d) the
person—
(i)
informs the third person that the information is
confidential information supplied for the purposes of these regulations; and
(ii)
takes such other steps as are reasonable in the
circumstances of the particular case to protect the confidentiality.