Australian Capital Territory Repealed Acts

This legislation has been repealed.

OCCUPATIONAL HEALTH AND SAFETY ACT 1989 (REPEALED) - SECT 59

For the purpose of promoting or ensuring the health and safety of employees in a designated work group at any workplace where work is performed for the relevant employer by some or all of those employees, the health and safety representative for the group may—

        (a)     inspect the whole or any part of such a workplace if—

              (i)     there has, in the immediate past, been an accident or a dangerous occurrence at the workplace; or

              (ii)     the health and safety representative believes on reasonable grounds that there is an immediate threat of an accident or dangerous occurrence at the workplace; or

              (iii)     the health and safety representative has given the employer reasonable notice of the inspection; and

        (b)     accompany an inspector during any inspection of the workplace by the inspector (whether or not the inspection is conducted as a result of a request made by the health and safety representative); and

        (c)     if there is no health and safety committee in relation to the employer's employees—represent the employees in the group in consultations with the employer about the development, implementation and review of measures to ensure the health and safety at work of the employees in the group; and

        (d)     if there is a health and safety committee in relation to the employer's employees—examine any of the records of that committee; and

        (e)     investigate complaints made by any of the employees in the group to the health and safety representative about the health and safety of any of the employees at work; and

        (f)     with the consent of the employee concerned, be present at any interview, about health and safety at work, between an employee in the group and—

              (i)     an inspector; or

              (ii)     the employer or a person representing the employer; and

        (g)     subject to section 60, obtain access to any information under the employer's control relating to risks to health and safety of any employee—

              (i)     at any workplace under the employer's control; or

              (ii)     arising from the conduct by the employer of an undertaking or from plant or substances used for the purposes of the undertaking; and

        (h)     subject to section 60, obtain access to any information under the employer's control relating to the health and safety of any of the employer's employees.