36Duties of employers in relation to health and safety committees

#### 36 Duties of employers in relation to health and safety committees (1) Where there is a health and safety committee in respect of employees of an employer, the employer must: (a) subject to subsections (2) and (3), make available to the committee any information possessed by the employer relating to risks to the health and safety of employees: (i) at any workplace under the employer’s control; or (ii) arising from the conduct by the employer of an undertaking, or from plant or substances used for the purposes of the undertaking; and (b) permit any member of the committee who is an employee of the employer to take such time off work, without loss of remuneration or other entitlements, as is necessary for the member adequately to participate in the performance by the committee of its functions. (2) An employer must not make available to a health and safety committee information of a confidential medical nature relating to a person who is or was an employee of the employer, unless: (a) the person has delivered to the employer an authority permitting the information to be made available to the committee; 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 make available to a health and safety committee any information in respect of which the employer is entitled to claim, and does claim, legal professional privilege.