Powers of health and safety representatives
33 Powers of health and safety representatives
A health and safety representative for a designated work group may, for the purpose of promoting or ensuring the health and safety at a workplace of the group members—
do all or any of the following—
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;
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;
make a request to an OHS inspector or to the Safety Authority that an inspection be conducted at the workplace;
accompany an OHS inspector during any inspection at the workplace by the OHS inspector (whether or not the inspection is being conducted as a result of a request made by the health and safety representative);
if there is no health and safety committee in respect of 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;
if a health and safety committee has been established in respect of the members of the workforce at the facility—examine any of the records of that committee; and
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
with the consent of a group member, be present at any interview about health and safety at work between that member and—
an OHS inspector; or
the operator or a person representing the operator; or
a work group employer or a person representing that employer; and
obtain access to any information under the control of the operator or any work group employer—
relating to risks to the health and safety of any group member; and
relating to the health and safety of any group member; and
issue provisional improvement notices in accordance with clause 37.
Subclause (1)(d)(ii) has effect subject to clause 35.
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