(1) If an issue concerning health or safety arises at a workplace or from the conduct of the undertaking of an employer—
(a) the employer or its representative; and
(b) the employees affected by the issue or, if there is a designated work group in relation to which the issue has arisen, the health and safety representative for that group—
must attempt to resolve the issue in accordance with the relevant agreed procedure or, if there is no such procedure, the relevant procedure prescribed by the regulations.
If the issue is not resolved within a reasonable time, any of the parties attempting to resolve it may ask the Authority to arrange for an inspector to attend at the workplace to enquire into the issue (see section 75).
(2) An employer must ensure that its representative (if any) for the purposes of subsection (1)(a)—
(a) is not a health and safety representative; and
(b) has an appropriate level of seniority, and is sufficiently competent, to act as the employer's representative.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.