23Parties to the resolution of issues

23 Parties to the resolution of issues

(1) For the purposes of section 73 of the Act, an employer must notify the employees, any health and safety representative and any health and safety committee in the appropriate manner and languages—

(a) as to whether the employer intends to participate in the resolution of an issue personally or to nominate an employer representative; and

(b) if an employer representative is to be nominated, of the name and position description of the employer representative.

Employer representatives must meet the requirements set out in section 73(2)(a) and (b) of the Act.

(2) If an issue arises before an employer representative has been notified in accordance with subregulation (1) and the employer is not available, the senior manager employed by the employer in that part of the workplace where the issue has arisen is to be the employer representative for the purpose of attempting to resolve the health and safety issue.

(3) Only a health and safety representative, or if there is no health and safety representative, an employee nominated under subregulation (4), can act on behalf of employees affected by an issue.

Section 57 of the Act states that if a health and safety representative ceases to hold office or is unable to exercise the powers of a health and safety representative then those powers may be exercised by a deputy health and safety representative.

(4) If there is no health and safety representative, the employees affected by an issue may nominate one or more employees to act on their behalf.

(5) At any stage in the resolution of an issue, a party may seek the assistance of any relevant organisation of employees or of employers to assist the parties to resolve the issue.