30Duties of employers in relation to health and safety representatives

#### 30 Duties of employers in relation to health and safety representatives (1) The employer of all the employees included in a designated work group for which there is a health and safety representative must: (a) upon 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 employees in the group perform work for the employer, being changes that may affect the health and safety at work of the employees; and (b) in respect of a workplace at which some or all of the employees perform work for the employer: (i) permit the health and safety representative to make such inspection of the workplace as the representative is entitled to make in accordance with subparagraph 28(1)(a)(i), and to accompany an investigator during any investigation at the workplace by the investigator; and (ii) where there is no health and safety committee in respect of the employer’s employees at the workplace—upon being requested to do so by the health and safety representative, consult with the representative concerning the development, implementation and review of measures to ensure the health and safety at work of those employees; and (c) permit the health and safety representative to be present at any interview at which the representative is entitled to be present under paragraph 28(1)(c); and (d) subject to subsections (2) and (3), provide to the health and safety representative access to any information to which the representative is entitled to obtain access in accordance with subparagraph 28(1)(d)(i) or (ii) and to which access has been requested; and (e) permit the health and safety 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 health and safety 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) An employer must not permit a health and safety representative to have access to information of a confidential medical nature under the control of the employer, being information relating to a person who is or was an employee of the employer, unless: (a) the person has delivered to the employer a written authority permitting the representative to have access to the information; or (b) the information is in a form that does not identify the person or enable the identity of the person to be discovered. (3) An employer is not required to provide to a health and safety representative access to any information in respect of which the employer is entitled to claim, and does claim, legal professional privilege.