Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_44:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 44 (pt 1/2)
Character Range: 2267077–2269703

44  Action by health and safety representatives

Imminent and serious danger to health or safety
 (1) If a health and safety representative for a designated work group has reasonable cause to believe that there is an imminent and serious danger to the health or safety of any person at or near the facility unless a group member or group members cease to perform particular work, the representative must:
 (a) inform a person (a supervisor) supervising the group member or group members in the performance of the work of the danger; or
 (b) if no supervisor can be contacted immediately:
 (i) direct the group member or group members to cease, in a safe manner, to perform the work; and
 (ii) as soon as practicable, inform a supervisor that the direction has been given.
 (2) If a supervisor is informed under paragraph (1)(a) of a danger to the health or safety of any person at or near the facility, the supervisor must take such action as he or she thinks appropriate to remove that danger, and any such action may include directing a group member or group members to cease, in a safe manner, to perform the work.
 (3) If:
 (a) a health and safety representative has informed a supervisor under paragraph (1)(a) of a danger; and
 (b) the representative has reasonable cause to believe that, despite any action taken by the supervisor in accordance with subclause (2), there continues to be an imminent and serious danger to the health or safety of any person at or near the facility unless the group member or group members cease to perform particular work;
the representative must:
 (c) direct the group member or group members to cease, in a safe manner, to perform the work; and
 (d) as soon as practicable, inform the supervisor that the direction has been given.

OHS inspection
 (4) If:
 (a) a health and safety representative gives a direction under paragraph (1)(b), but is unable to agree with a supervisor whom the representative has informed under that paragraph that there is a need for a direction under that paragraph; or
 (b) a health and safety representative gives a direction under paragraph (3)(c);
the representative or the supervisor may make a request to NOPSEMA or to a NOPSEMA inspector that an OHS inspection be conducted of the work that is the subject of the direction.
 (5) As soon as possible after a request is made, an OHS inspection must be conducted of the work that is the subject of the direction, and the NOPSEMA inspector conducting the inspection must make such decisions, and exercise such powers, under Part 4 of this Schedule as the inspector considers necessary in relation to the