Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 58

Powers of health and safety representatives

    (1)     A health and safety representative for a designated work group may do any of the following—

        (a)     inspect any part of a workplace at which a member of the designated work group works—

              (i)     at any time after giving reasonable notice to the employer concerned or its representative; and

              (ii)     immediately in the event of an incident or any situation involving an immediate risk to the health or safety of any person;

        (b)     accompany an inspector during an inspection of a workplace at which a member of the designated work group works;

        (c)     require the establishment of a health and safety committee;

        (d)     if a member of the designated work group consents, be present at an interview concerning occupational health and safety between—

              (i)     the member and an inspector; or

              (ii)     the member and the employer concerned or its representative;

        (e)     if the health and safety representative is authorised to represent a person mentioned in section 44(1)(e) or 48(1)(e) and that person consents, be present at an interview concerning occupational health and safety between—

              (i)     the person and an inspector; or

              (ii)     the person and the employer concerned or its representative;

        (f)     whenever necessary, seek the assistance of any person.

    (2)     However, a health and safety representative may do those things only for the purpose of—

        (a)     representing the members of the designated work group, or persons mentioned in section 44(1)(e) or 48(1)(e) whom the representative is authorised to represent, concerning health or safety; or

        (b)     monitoring the measures taken by the employer or employers in compliance with this Act or the regulations; or

        (c)     enquiring into anything that poses, or may pose, a risk to the health or safety of members of the designated work group, or of persons mentioned in section 44(1)(e) or 48(1)(e) whom the representative is authorised to represent, at the workplace or workplaces or arising from the conduct of the undertaking of the employer or undertakings of the employers; or

        (d)     attempting to resolve (in accordance with section 73) with the employer concerned or its representative any issues concerning the health or safety of members of the designated work group, or of persons mentioned in section 44(1)(e) or 48(1)(e) whom the representative is authorised to represent, that arise at the workplace or workplaces or from the conduct of the undertaking of the employer.

    (3)     Nothing in this Act or the regulations imposes, or is to be taken to impose, a function or duty on a health and safety representative in that capacity.



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