Work Health and Safety Act 2011

This section applies in relation to a major construction project.

The principal contractor for the major construction project must ensure the health and safety representative for the project attends a course of training in work health and safety that is—

approved by the regulator; and

a course that the health and safety representative is entitled under the regulation to attend; and

subject to subsection (6), chosen by the health and safety representative, in consultation with the principal contractor.

The principal contractor must—

as soon as practicable within the period of 3 months after the day the health and safety representative is elected, ensure the health and safety representative has time off work to attend the course of training; and

pay the course fees and any other reasonable costs associated with the health and safety representative’s attendance at the course of training.

Any time that a health and safety representative is given off work to attend the course of training must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period.

If agreement cannot be reached between the principal contractor for the major construction project and the health and safety representative within the time required by subsection (3) as to the matters set out in subsections (2) (c) and (3), either party may ask the regulator to appoint an inspector to decide the matter.

The inspector may decide the matter in accordance with this section.

The principal contractor for the major construction project must ensure the health and safety representative attends a course decided by the inspector and pay the costs decided by the inspector under subsection (6).

Strict liability applies to each physical element of this offence (see s 12A).

Subsection (7) does not apply if the regulator has, under section 50B (Exemption from certain requirements under this part), exempted the principal contractor from complying with this section.