Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where there is any
safety and health representative for a workplace the employer
shall —
(a)
subject to subsection (2), make available to each safety and health
representative such information as the employer has, or could reasonably be
expected to have, relating to —
(i)
hazards to persons that arise or may arise at the
workplace;
(ii)
so far as it is relevant to the hazards mentioned in
subparagraph (i), the plant and substances used at the workplace and the
systems of work at the workplace; and
(iii)
the safety and health of employees who work at the
workplace;
(b)
where an employee so requests, permit a safety and health representative to be
present at any interview concerning occupational safety or health between the
employer or the employer’s representative and the employee;
(c)
consult with safety and health representatives on intended changes to the
workplace or the plant or substances used at the workplace where those changes
may reasonably be expected to affect the safety or health of employees at the
workplace;
(d)
ensure that a safety and health representative receives any entitlement that
becomes due to him or her under subsection (1b) or (3);
[(e) deleted]
(f)
where any accident or dangerous occurrence takes place in a workplace where
employees who are represented by a safety and health representative work,
ensure that the safety and health representative is notified thereof
forthwith; and
(g)
provide safety and health representatives with such facilities and assistance
as are necessary or prescribed for the purposes of the performance by them of
their functions under this Part.
(1a) If, pursuant to a
scheme under section 30A, a safety and health representative has been
elected for a group of employees, the references in subsection (1) to a
workplace and the workplace include any workplace at which any member of the
group works.
(1b) Where a safety
and health representative attends a course of training —
(a) for
which, under subsection (3), the representative is entitled to take time
off work; and
(b) that
is prescribed for the purposes of this paragraph,
the employer is liable
to pay, to the extent that is prescribed —
(c) the
tuition fee for the course; and
(d)
other costs incurred by the representative in connection with attendance at
the course.
(2) An
employer —
(a)
shall not make available to a safety and health representative any medical
information concerning an employee unless —
(i)
the employee has consented to the employer doing so; or
(ii)
it is in a form that does not identify, nor permit the
identification of, the employee;
and
(b) is
not required by subsection (1)(a) to make available information
disclosing a trade secret.
(3) The regulations
may prescribe the entitlements of a safety and health representative for the
purposes of —
(a)
performing his or her functions under this Act; and
(b) his
or her attendance at courses of training accredited under
section 14(1)(h),
but the entitlements
for those purposes may be varied, in a way not less favourable to the safety
and health representative than that prescribed in the regulations, by
agreement with the employer concerned or by a determination made by the
Tribunal upon a reference made to the Tribunal under this subsection by the
employer, the safety and health representative, or the Commissioner.
(3a) In
subsection (3) —
entitlements means —
(a) the
time that a safety and health representative is to be permitted to take off
work with pay; and
(b)
payments to which a safety and health representative is entitled for
attendance at a course of training in his or her own time.
(4) If an employer
contravenes subsection (1) or (2), the employer commits an offence.
[Section 35 inserted by No. 43 of 1987
s. 13; amended by No. 30 of 1995 s. 27 and 47; No. 51 of 2004
s. 48, 69(1) and (2), 89 and 102(2).]