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Work Health and Safety Act 2011
85Health and safety representative may direct that unsafe
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85 Health and safety representative may direct that unsafe
work cease
(1) A health and safety representative may direct a worker who is in a
work group represented by the representative to cease work if the
representative has a reasonable concern that to carry out the work
would expose the worker to a serious risk to the worker’s health or
safety, emanating from an immediate or imminent exposure to a
hazard.
(2) However, the health and safety representative must not give a worker
a direction to cease work unless the matter is not resolved after—
(a) consulting about the matter with the person conducting the
business or undertaking for whom the workers are carrying out
work; and
(b) attempting to resolve the matter as an issue under division 5.5
(Issue resolution).
(3) The health and safety representative may direct the worker to cease
work without carrying out that consultation or attempting to resolve
the matter as an issue under division 5.5 if the risk is so serious and
immediate or imminent that it is not reasonable to consult before
giving the direction.
(4) The health and safety representative must carry out the consultation
as soon as practicable after giving a direction under subsection (3).
(5) The health and safety representative must inform the person
conducting the business or undertaking of any direction given by the
health and safety representative to workers under this section.
(6) A health and safety representative cannot give a direction under this
section unless the representative has—
(a) completed initial training prescribed by regulation referred to in
section 72 (1) (b) (Obligation to train health and safety
representatives) or section 72A (2) (b) (Obligation to train health
and safety representatives—major construction project); or
(b) previously completed that training when acting as a health and
safety representative for another work group; or
(c) completed training equivalent to that training under a