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Work Health and Safety (National Uniform Legislation) Act 2011
85Health and safety representative may direct that unsafe work
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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
of this Part.
(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 of this Part if the
risk is so serious and immediate or imminent that it is not
reasonable to consult before giving the direction.
Work Health and Safety (National Uniform Legislation) Act 2011 58
(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 the Regulations
referred to in section 72(1)(b); 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
corresponding WHS law.