Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_40:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 40 (pt 1/2)
Character Range: 2258472–2261210

40  Duties of the operator and other employers in relation to health and safety representatives

Duties
 (1) The operator of a facility, in relation to which a designated work group having a health and safety representative has been established, must:
 (a) on being requested to do so by the representative, consult with the representative on the implementation of changes at any workplace at which some or all of the group members perform work, where the changes may affect their health and safety; and
 (b) in relation to a workplace at which some or all of the group members perform work:
 (i) permit the representative to make such inspection of the workplace as the representative is entitled to make in accordance with subparagraph 34(1)(a)(i) of this Schedule and to accompany a NOPSEMA inspector during an OHS inspection at the workplace by the inspector; and
 (ii) if there is no health and safety committee in relation to the members of the workforce—on being requested to do so by the representative, consult with the representative about the development, implementation and review of measures to ensure the health and safety of group members; and
 (c) permit the representative to be present at any interview at which the representative is entitled to be present under paragraph 34(1)(c); and
 (d) provide to the representative access to any information to which the representative is entitled to obtain access under subparagraph 34(1)(d)(i) or (ii) of this Schedule and to which access has been requested; and
 (e) permit the representative to take such time off work, without loss of remuneration or other entitlements, as is necessary to exercise the powers of a health and safety representative; and
 (f) provide the representative with access to such facilities as are:
 (i) prescribed for the purposes of this paragraph; or
 (ii) necessary for the purposes of exercising the powers of a health and safety representative.
 (2) Paragraph (1)(d) has effect subject to subclauses (3) and (4).

Information
 (3) The operator must not permit a health and safety representative in relation to a designated work group to have access to information that:
 (a) is of a confidential medical nature under the control of the operator; and
 (b) relates to a person who is or was a group member;
unless:
 (c) the person has delivered to the employer a written authority permitting the representative to have access to the information; or
 (d) the information is in a form that does not identify the person or enable the identity of the person to be discovered.
 (4) The operator is not required to give a health and safety representative access to any information in relation to which the operator is entitled to claim, and does claim,