South Australian Current Acts South Australian Current Acts85—Health and safety representative may direct that unsafe work cease
(1) A
health and safety representative may direct a worker who is in a work group
represented by the representative to cease work if the representative has a
reasonable concern that to carry out the work would expose the worker to a
serious risk to the worker's health or safety, emanating from an immediate or
imminent exposure to a hazard.
(2) However, the
health and safety representative must not give a worker a direction to cease
work unless the matter is not resolved after—
(a)
consulting about the matter with the person conducting the business or
undertaking for whom the workers are carrying out work; and
(b)
attempting to resolve the matter as an issue under Division 5 of this
Part.
Note—
Notification of a dispute to SAET under Division 7A does not affect the
operation of paragraph (b).
(3) The health and
safety representative may direct the worker to cease work without carrying out
that consultation or attempting to resolve the matter as an issue under
Division 5 of this Part if the risk is so serious and immediate or
imminent that it is not reasonable to consult before giving the direction.
(4) The
health and safety representative must carry out the consultation as soon as
practicable after giving a direction under subsection (3).
(5) The
health and safety representative must inform the person conducting the
business or undertaking of any direction given by the health and safety
representative to workers under this section.
(6) A
health and safety representative cannot give a direction under this section
unless the representative has—
(a)
completed initial training prescribed by the regulations referred to in
section 72(1)(b); or
(b)
previously completed that training when acting as a health and safety
representative for another work group; or
(c)
completed training equivalent to that training under a corresponding WHS law.