Australian Capital Territory Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT (NO. 18 OF 1989) - SECT 37

37. (1) A person who is an employer on the commencement date shall—

        (a)     not later than 14 days after that date; and

        (b)     by notice in accordance with subsection (10);

establish designated work groups in respect of his or her employees.

(2) A person who, after the commencement date, becomes an employer shall—

        (a)     not later than 14 days after becoming an employer; and

        (b)     by notice in accordance with subsection (10);

establish designated work groups in respect of his or her employees.

(3) A person who, without reasonable excuse, contravenes subsection (1) or (2) is guilty of an offence punishable, on conviction, by—

        (a)     if the offender is a natural person—a fine not exceeding $1,000; or

        (b)     if the offender is a body corporate—a fine not exceeding $5,000.

(4) An employer may vary designated work groups by notice in accordance with subsection (10).

(5) Designated work groups shall be so established or varied that the manner in which employees are grouped—

        (a)     best and most conveniently enables the employees' interests relating to occupational health and safety to be represented and safeguarded; and

        (b)     best takes account of the need for any health and safety representative selected for a designated work group to be accessible to each employee included in the group.

(6) In determining the manner of grouping employees in accordance with subsection (5), an employer shall have regard, in particular to—

        (a)     the number of the employees;

        (b)     the nature of each type of work performed by the employees;

        (c)     the number and grouping of the employees who perform the same or similar types of work;

        (d)     the workplaces, and the areas within the workplaces, where each type of work is performed;

        (e)     the nature of any risks to health and safety at the workplaces; and

        (f)     any arrangements at the workplaces relating to overtime or shift work.

(7) An employer shall not establish or vary a designated work group without consulting—

        (a)     each involved union in relation to the employees; and

        (b)     if there is no such involved union—such of the employees as the employer considers appropriate;

in relation to the establishment or variation of the designated work group.

(8) Designated work groups for employees shall be so established or varied that each of the employees is included in a designated work group.

(9) Subject to subsections (5), (6) and (7), all of an employer's employees may be included in one designated work group.

(10) A notice establishing a designated work group under subsection (1) or (2), or varying a designated work group under subsection (4), shall—

        (a)     describe the group and the employees, or the class of employees, who are included in that group; and

        (b)     be displayed in each workplace under the employer's control as will allow all of the employees in the group to be notified of its establishment or variation.