- must be advised of a WorkCover inspector's visit and may accompany the inspector on a workplace inspection, if requested by the inspector.
- can not be sued for damages for anything arising from having performed, or failed to perform any function related to the position of a safety representative. However, reps do have the same responsibilities and general duties of care as other employees.
Employers have duties
The Act encourages employers to work with safety and health representatives and sets out duties for employers. These duties are to:
- make safety and health information available in relation to hazards, plant, substances used, the systems of work and the safety and health of the employees at the workplace: this includes information such as Material Safety Data Sheets (MSDSs) for any hazardous substances used in their workplace, accident investigation reports or accident summaries, details of notices issued by inspectors, results of testing such as noise levels or atmospheric testing and statistical information: there are exceptions - employers are not required to provide representatives with employees' personal medical information without their consent nor are they required to provide trade secrets
- allow OH&S reps to be present at any interview on safety and health between the employer (or the employer's representative) and the employee whenever the employee requests
- consult with reps on any changes in the workplace that may affect employees' safety and health
- allow reps to take time off work, with pay to perform their functions and attend accredited training courses
- notify reps of any accidents or dangerous incidents; and
- provide assistance and access to facilities to help reps carry out their functions (for example, where available and relevant, access to a desk, telephone, typing and photocopying facilities, storage, a meeting room and use of notice boards).
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Discrimination is outlawed
Under the Act, it is an offence for an employer or prospective employer to treat somebody unfavourably because that person:
- is or has been a safety and health representative or a member of a safety and health committee
- performs or has performed any function as a safety and health representative or committee member
- gives or has given assistance to an inspector, safety and health representative or committee member, or
- makes or has made a complaint about workplace safety and health to the employer, a fellow employee, inspector, safety and health representative or committee member.
Resolving issues
The best way to resolve safety and health issues in the workplace is for the parties to agree on relevant procedures that suit individual workplaces and to resolve the issues before they become disputes. The Act requires employers, safety and health representatives and employees to resolve safety and health issues by following relevant procedures for the workplace. If these procedures fail, the Act sets out steps to resolve the issue. If no procedures |
