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OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 - SECT 80

Action by health and safety representatives

  (1)   If the health and safety representative for a designated work group has reasonable cause to believe that there is an immediate threat to the health or safety of one or more of the employees included in the group unless the employee stops performing particular work, the representative must:

  (a)   inform a supervisor; or

  (b)   if no supervisor can be contacted immediately--direct the employee or employees to stop, in a safe manner, performing the work, and as soon as practicable inform a supervisor that the direction has been given.

  (2)   If a supervisor is informed under paragraph   ( 1)(a) of a threat to the health or safety of one or more of the employees, the supervisor must take such action as he or she considers appropriate to remove that threat, and any such action may include directing the employee or employees to stop, in a safe manner, performing the work.

  (3)   If the health and safety representative is unable to agree with the supervisor whom the representative has informed under paragraph   ( 1)(a) of a threat to the health or safety of persons performing work:

  (a)   that the threat to health or safety has been removed; or

  (b)   that the order to cease work under paragraph   ( 1)(b) was justified;

the representative must inform the person in command of the threat to health or safety.

  (4)   If the representative and the person in command are unable to agree:

  (a)   that the threat to health or safety has been removed; or

  (b)   that the order to cease work under paragraph   ( 1)(b) was justified;

the representative or the person in command may ask the Inspectorate or an inspector to conduct an investigation of the work that is the subject of the disagreement.

  (5)   As soon as possible after a request is made, an investigation must be conducted of the work that is the subject of the disagreement, and the inspector conducting the investigation must make such decisions, and exercise such powers, under Part   4 as the inspector considers necessary in relation to the work.


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