Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_34
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 34
Character Range: 2246819–2249274

34  Powers of health and safety representatives
 (1) A health and safety representative for a designated work group in relation to a facility may, for the purpose of promoting or ensuring the health and safety at a workplace of the group members:
 (a) do any or all of the following:
 (i) inspect the whole or any part of the workplace if there has, in the immediate past, been an accident or a dangerous occurrence at the workplace, or if there is an immediate threat of such an accident or dangerous occurrence;
 (ii) inspect the whole or any part of the workplace if the health and safety representative has given reasonable notice of the inspection to the operator's representative at the facility and to any other person having immediate control of the workplace;
 (iii) make a request to a NOPSEMA inspector or to NOPSEMA that an OHS inspection be conducted at the workplace;
 (iv) accompany a NOPSEMA inspector during any OHS inspection at the workplace by the inspector (whether or not the inspection is being conducted as a result of a request made by the health and safety representative);
 (v) if there is no health and safety committee in relation to the members of the workforce at the facility—represent group members in consultations with the operator and any work group employer about the development, implementation and review of measures to ensure the health and safety of those members at the workplace;
 (vi) if a health and safety committee has been established in relation to the members of the workforce at the facility—examine any of the records of that committee; and
 (b) investigate complaints made by any group member to the health and safety representative about the health and safety of any of the members of the workforce (whether in the group or not); and
 (c) with the consent of a group member, be present at any interview about health and safety at work between that member and:
 (i) a NOPSEMA inspector; or
 (ii) the operator or a person representing the operator; or
 (iii) a work group employer or a person representing that employer; and
 (d) obtain access to any information under the control of the operator or any work group employer:
 (i) relating to risks to the health and safety of any group member; and
 (ii) relating to the health and safety of any group member; and
 (e) issue provisional OHS improvement notices in accordance with clause 38.
 (2) Subparagraph (1)(d)(ii) has effect subject to clause 36.