Div 5Emergency procedures

Division 5 Emergency procedures 43 Action by health and safety representatives (1) If a health and safety representative for a designated work group has reasonable cause to believe there is an imminent and serious danger to the health or safety of any person at or near the facility unless a group member or group members cease to perform particular work, the representative must: (a) inform a person (a supervisor) supervising the group member or group members in the performance of the work of the danger; or (b) if no supervisor can be contacted immediately: (i) direct the group member or group members to cease, in a safe manner, to perform the work; and (ii) as soon as practicable, inform a supervisor that the direction has been given. (2) If a supervisor is informed under subclause (1)(a) of a danger to the health or safety of any person at or near the facility, the supervisor must take the action he or she thinks appropriate to remove the danger, including directing a group member or group members to cease, in a safe manner, to perform the work. (a) a health and safety representative has informed a supervisor under subclause (1)(a) of a danger; and

Petroleum (Submerged Lands) Act 1981 201 (b) the representative has reasonable cause to believe that, despite any action taken by the supervisor in accordance with subclause (2), there continues to be an imminent and serious danger to the health or safety of any person at or near the facility unless the group member or group members cease to perform particular work, the representative must: (c) direct the group member or group members to cease, in a safe manner, to perform the work; and (d) as soon as practicable, inform the supervisor that the direction has been given. (4) If: (a) a health and safety representative gives a direction under subclause (1)(b), but is unable to agree with a supervisor whom the representative has informed under that subclause that there is a need for a direction under that subclause; or (b) a health and safety representative gives a direction under subclause (3)(c), the representative or supervisor may request the Safety Authority or an OHS inspector that an inspection be conducted of the work the subject of the direction. (5) As soon as possible after a request is made, an inspection must be conducted of the work that is the subject of the direction and the OHS inspector conducting the inspection must make decisions, and exercise powers, under Part 4 as the OHS inspector considers necessary in relation to the work. (6) This clause does not limit the power of a health and safety representative under clause 33(1)(a)(iii) to request an OHS inspector or the Safety Authority that an inspection be conducted at the workplace. 44 Directions to perform other work If: (a) a group member who is an employee has ceased to perform work, in accordance with the direction of a health and safety representative under clause 43(1)(b) or (3)(c); and