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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 19 November 2017 at 16:01)
Part 5 Division 3 Subdivision 6
Subdivision 6 Obligations of person conducting business or undertaking to health and safety representatives
70   General obligations of person conducting business or undertaking
(1)  The person conducting a business or undertaking must:
(a)  consult, so far as is reasonably practicable, on work health and safety matters with any health and safety representative for a work group of workers carrying out work for the business or undertaking, and
(b)  confer with a health and safety representative for a work group, whenever reasonably requested by the representative, for the purpose of ensuring the health and safety of the workers in the work group, and
(c)  allow any health and safety representative for the work group to have access to information that the person has relating to:
(i)  hazards (including associated risks) at the workplace affecting workers in the work group, and
(ii)  the health and safety of the workers in the work group, and
(d)  with the consent of a worker that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between the worker and:
(i)  an inspector, or
(ii)  the person conducting the business or undertaking at that workplace or the person’s representative, and
(e)  with the consent of one or more workers that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between a group of workers, which includes the workers who gave the consent, and:
(i)  an inspector, or
(ii)  the person conducting the business or undertaking at that workplace or the person’s representative, and
(f)  provide any resources, facilities and assistance to a health and safety representative for the work group that are reasonably necessary or prescribed by the regulations to enable the representative to exercise his or her powers or perform his or her functions under this Act, and
(g)  allow a person assisting a health and safety representative for the work group to have access to the workplace if that is necessary to enable the assistance to be provided, and
(h)  permit a health and safety representative for the work group to accompany an inspector during an inspection of any part of the workplace where a worker in the work group works, and
(i)  provide any other assistance to the health and safety representative for the work group that may be required by the regulations.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(2)  The person conducting a business or undertaking must allow a health and safety representative to spend such time as is reasonably necessary to exercise his or her powers and perform his or her functions under this Act.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(3)  Any time that a health and safety representative spends for the purposes of exercising his or her powers or performing his or her functions under this Act must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period.
71   Exceptions from obligations under section 70 (1)
(1)  This section applies despite section 70 (1).
(2)  The person conducting a business or undertaking must not allow a health and safety representative to have access to any personal or medical information concerning a worker without the worker’s consent unless the information is in a form that:
(a)  does not identify the worker, and
(b)  could not reasonably be expected to lead to the identification of the worker.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(3)  The person conducting a business or undertaking is not required to give financial assistance to a health and safety representative for the purpose of the assistance referred to in section 70 (1) (f).
(4)  The person conducting a business or undertaking is not required to allow a person assisting a health and safety representative for a work group to have access to the workplace:
(a)  if the assistant has had his or her WHS entry permit revoked, or
(b)  during any period that the assistant’s WHS entry permit is suspended or the assistant is disqualified from holding a WHS entry permit.
(5)  The person conducting a business or undertaking may refuse on reasonable grounds to grant access to the workplace to a person assisting a health and safety representative for a work group.
(6)  If access is refused to a person assisting a health and safety representative under subsection (5), the health and safety representative may ask the regulator to appoint an inspector to assist in resolving the matter.
72   Obligation to train health and safety representatives
(1)  The person conducting a business or undertaking must, if requested by a health and safety representative for a work group for that business or undertaking, allow the health and safety representative to attend a course of training in work health and safety that is:
(a)  approved by the regulator, and
(b)  a course that the health and safety representative is entitled under the regulations to attend, and
(c)  subject to subsection (5), chosen by the health and safety representative, in consultation with the person conducting the business or undertaking.
(2)  The person conducting the business or undertaking must:
(a)  as soon as practicable within the period of 3 months after the request is made, allow the health and safety representative time off work to attend the course of training, and
(b)  pay the course fees and any other reasonable costs associated with the health and safety representative’s attendance at the course of training.
(3)  If:
(a)  a health and safety representative represents a work group of the workers of more than one business or undertaking, and
(b)  the person conducting any of those businesses or undertakings has complied with this section in relation to the representative,
each of the persons conducting those businesses or undertakings is to be taken to have complied with this section in relation to the representative.
(4)  Any time that a health and safety representative is given off work to attend the course of training must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period.
(5)  If agreement cannot be reached between the person conducting the business or undertaking and the health and safety representative within the time required by subsection (2) as to the matters set out in subsections (1) (c) and (2), either party may ask the regulator to appoint an inspector to decide the matter.
(6)  The inspector may decide the matter in accordance with this section.
(7)  A person conducting a business or undertaking must allow a health and safety representative to attend a course decided by the inspector and pay the costs decided by the inspector under subsection (6).
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
73   Obligation to share costs if multiple businesses or undertakings
(1)  If a health and safety representative, or deputy health and safety representative (if any), represents a work group of workers carrying out work for 2 or more persons conducting businesses or undertakings:
(a)  the costs of the representative exercising powers and performing functions under this Act, and
(b)  the costs referred to in section 72 (2) (b),
for which any of the persons conducting those businesses or undertakings are liable must be apportioned equally between each of those persons unless they agree otherwise.
(2)  An agreement to apportion the costs in another way may be varied at any time by negotiation and agreement between each of the persons conducting the businesses or undertakings.
74   List of health and safety representatives
(1)  A person conducting a business or undertaking must ensure that:
(a)  a list of each health and safety representative and deputy health and safety representative (if any) for each work group of workers carrying out work for the business or undertaking is prepared and kept up to date, and
(b)  a copy of the up-to-date list is displayed:
(i)  at the principal place of business of the business or undertaking, and
(ii)  at any other workplace that is appropriate taking into account the constitution of the relevant work group or work groups,
in a manner that is readily accessible to workers in the relevant work group or work groups.
Maximum penalty:
(a)  in the case of an individual—$2,000, or
(b)  in the case of a body corporate—$10,000.
(2)  A person conducting a business or undertaking must provide a copy of the up-to-date list prepared under subsection (1) to the regulator as soon as practicable after it is prepared.