21How to involve health and safety representatives in consultation

21 How to involve health and safety representatives in consultation

(1) This regulation applies if an employer is required under the Act or the Regulations to consult with employees on a matter and the employees are represented by a health and safety representative.

Reg. 21(2) amended by S.R. No. 112/2021 reg. 8(1).

(2) For the purposes of section 35(4) of the Act, the employer must involve the health and safety representative in the consultation by—

(a) providing the health and safety representative with all of the information about the matter that the employer provides, or intends to provide, to the employees; and

(b) unless it is not reasonably practicable to do so, providing that information to the health and safety representative a reasonable time before providing the information to the employees; and

(c) inviting the health and safety representative to meet with the employer to consult about the matter; and

(d) if the invitation is accepted, or if otherwise requested by the health and safety representative, meeting with the health and safety representative to consult about the matter; and

(e) giving the health and safety representative a reasonable opportunity to express views about the matter; and

(f) taking into account the health and safety representative's views about the matter.

Note to reg. 21(2) substituted by S.R. No. 112/2021 reg. 8(2).

Act compliance—section 35 (see regulation 7).

Pt 2.1A (Heading and regs 21A–21F) inserted by S.R. No. 53/2022 reg. 5, revoked by S.R. No. 22/2017 reg. 21F.