Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 69

Other obligations of employers to health and safety representatives

69. Other obligations of employers to health and safety representatives



(1) An employer, any of whose employees are members of a designated work group
must-

   (a)  allow a health and safety representative for the designated work group
        to have access to information that the employer has relating to-

   (i)  actual or potential hazards arising from the conduct of the
        undertaking of the employer or the plant or substances used for the
        purposes of that undertaking; and

   (ii) the health and safety of the members of the designated work group, or
        persons mentioned in section 44(1)(e) or 48(1)(e) whom the health and
        safety representative is authorised to represent;

   (b)  if a member of the designated work group consents, allow a health and
        safety representative for that group to be present at an interview
        concerning occupational health and safety between-

   (i)  the member and an inspector; and

   (ii) the member and the employer or its representative;

   (c)  if the health and safety representative is authorised to represent a
        person mentioned in section 44(1)(e) or 48(1)(e) and that person
        consents, be present at an interview concerning occupational health
        and safety between-

   (i)  the person and an inspector; or

   (ii) the person and the employer or its representative;

   (d)  allow a health and safety representative for the designated work group
        to take such time off work with pay as is necessary or prescribed by
        the regulations for-

   (i)  exercising his or her powers under this Part; or

   (ii) taking part in any course of training (other than a course of training
        covered by section 67) relating to occupational health and safety that
        is approved or conducted by the Authority and of which the employer is
        given at least 14 days' notice;

   (e)  provide such other facilities and assistance to a health and safety
        representative for the designated work group as are necessary or
        prescribed by the regulations to enable the representative to exercise
        his or her powers under this Part.

Penalty: 60 penalty units for a natural person; 300 penalty units for a body
corporate.

(2) Despite subsection (1), an employer must not allow a health and safety
representative to have access to any medical information concerning an
employee without the employee's consent unless the information is in a form-

   (a)  that does not identify the employee; or

   (b)  from which the employee's identity cannot reasonably be ascertained.

Penalty: 60 penalty units for a natural person; 300 penalty units for a body
corporate. Note An employer must not discriminate against an employee, or
subject or threaten to subject an employee to any detriment, because the
employee is acting or has acted as a health and safety representative (see
Division 9).