OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 69 Other obligations of employers to health and safety representatives

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 69

    (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).