16Powers of health and safety representatives

#### 16 Powers of health and safety representatives (1) 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: (a) do all or any of the following: (i) 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; (ii) 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; (iii) make a request to an OHS inspector or to the Safety Authority that an inspection be conducted at the workplace; (iv) 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); (v) 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; (vi) 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 (b) 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 (c) with the consent of a group member, be present at any interview about health and safety at work between that member and: (i) an OHS inspector; or (ii) the operator or any work group employer or a person representing the operator or that employer; and (d) obtain access to any information under the control of the operator or any work group employer: (i) relating to risks to the health and safety of any group member; and (ii) subject to subclause (6), relating to the health and safety of any group member; and (e) issue provisional improvement notices in accordance with clause 17. (2) A health and safety representative for a designated work group is entitled, in the exercise of his or her powers, to be assisted by a consultant. (3) A health and safety representative for a designated work group must not: (a) be assisted by a consultant at a workplace at which work is performed; or (b) provide to a consultant information that has been provided to the health and safety representative by a group member under paragraph (1)(d); unless the operator or the Safety Authority has, in writing, agreed to the provision of that assistance at that workplace or the provision of that information, as the case may be. (4) Neither the operator nor any workplace employer becomes, because of the agreement under subclause (3) to the provision of assistance by a consultant, liable for any remuneration or other expenses incurred in connection with the consultant’s activities. (5) If a health and safety representative for a designated work group is being assisted by a consultant, the consultant is entitled to be present with the representative at any interview, about health and safety at work, between a group member and: (a) an OHS inspector; or (b) the operator or any work group employer or a person representing the operator or that employer; if, and only if, the group member consents to the presence of the consultant. (6) The health and safety representative is not entitled or, where the health and safety representative is assisted by a consultant, the health and safety representative and the consultant are not entitled, under subparagraph (1)(d)(ii), to have access: (a) to information in respect of which a group member is entitled to claim, and does claim, legal professional privilege; or (b) to information of a confidential medical nature relating to a person who is or was a group member unless: (i) the person has delivered to the operator or any work group employer a written authority permitting the health and safety representative, or the health and safety representative and the consultant, as the case requires, to have access to the information; or (ii) the information is in a form that does not identify the person or enable the identity of the person to be discovered. (7) This Schedule does not: (a) impose an obligation on a person to exercise any power conferred on the person because the person is a health and safety representative; or (b) render a person liable in civil proceedings because of: (i) a failure to exercise such a power; or (ii) the way such a power was exercised.