New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 68

68 Powers and functions of health and safety representatives

(1) The powers and functions of a health and safety representative for a work group are--

(a) to represent the workers in the work group in matters relating to work health and safety, and

(b) to monitor the measures taken by the person conducting the relevant business or undertaking or that person's representative in compliance with this Act in relation to workers in the work group, and

(c) to investigate complaints from members of the work group relating to work health and safety, and

(d) to inquire into anything that appears to be a risk to the health or safety of workers in the work group, arising from the conduct of the business or undertaking.

(2) In exercising a power or performing a function, the health and safety representative may--

(a) inspect the workplace or any part of the workplace at which a worker in the work group works--

(i) at any time after giving reasonable notice to the person conducting the business or undertaking at that workplace, and

(ii) at any time, without notice, in the event of an incident, or any situation involving a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard, and

(b) accompany an inspector during an inspection of the workplace or part of the workplace at which a worker in the work group works, and

(c) with the consent of a worker that the health and safety representative represents, 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

(d) with the consent of one or more workers that the health and safety representative represents, 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

(e) request the establishment of a health and safety committee, and

(f) receive information concerning the work health and safety of workers in the work group, and

(g) whenever necessary, request the assistance of any person.

Note--: A health and safety representative also has a power under Division 6 of this Part to direct work to cease in certain circumstances and under Division 7 of this Part to issue provisional improvement notices.

(3) Despite subsection (2) (f), a health and safety representative is not entitled 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.

(4) Nothing in this Act imposes or is taken to impose a duty on a health and safety representative in that capacity.