Western Australian Consolidated Acts

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OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 33

33 .         Functions of safety and health representatives

        (1)         The functions of a safety and health representative are, in the interests of safety and health at the workplace for which he or she was elected — 

            (a)         to inspect that workplace or any part of it — 

                  (i)         at such times as are agreed with the employer; or

                  (ii)         where he or she has not inspected the workplace, or that part of it, in the preceding 30 days, at any time upon giving reasonable notice to the employer;

            (b)         immediately, in the event of an accident, a dangerous occurrence, or a risk of imminent and serious injury to, or imminent and serious harm to the health of, any person, to carry out any appropriate investigation in respect of the matter;

            (c)         to keep himself or herself informed as to the safety and health information provided by his or her employer in accordance with this Act and liaise as necessary with the department and other Government and private bodies;

            (d)         forthwith to report to the employer any hazard or potential hazard to which any person is, or might be, exposed at the workplace that comes to his or her notice;

            (e)         where there is a safety and health committee for the workplace, to refer to it any matters that he or she thinks should be considered by the committee;

            (f)         to consult and cooperate with his or her employer on all matters relating to the safety or health of persons in the workplace;

            (g)         liaise with the employees regarding matters concerning the safety or health of persons in the workplace.

        (2)         A safety and health representative for a workplace has such powers as are necessary for the carrying out of the safety and health representative’s functions under this Part and in particular, but without limiting the generality of this provision may, where requested to do so by an inspector, accompany an inspector while the inspector is carrying out, at the workplace, any of the inspector’s functions under this Act.

        (3)         A safety and health representative incurs no civil liability arising from his or her performance of, or his or her failure to perform, any function of a safety and health representative under this Act.

        (4)         If a scheme has been established under section 30A, the references in this section to the workplace , that workplace and a workplace include —

            (a)         if the scheme applies to more than one workplace, each workplace to which the scheme applies; and

            (b)         if under the scheme a safety and health representative is elected for a group of employees, each workplace or part of a workplace at which any member of the group works.

        [Section 33 inserted by No. 43 of 1987 s. 13; amended by No. 30 of 1995 s. 25 and 47; No. 51 of 2004 s. 46, 87, 102(1) and (2).]



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