Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 70

70 General obligations of person conducting business or undertaking

(1) The person conducting a business or undertaking must—

(a) consult, so far as is reasonably practicable, on work health and safety matters with any health and safety representative for a work group of workers carrying out work for the business or undertaking; and

(b) confer with a health and safety representative for a work group, whenever reasonably requested by the representative, for the purpose of ensuring the health and safety of the workers in the work group; and

(c) allow any health and safety representative for the work group to have access to information (including any information requested by a health and safety representative under section 68 (2) (f) ) that the person has relating to—

(i) hazards (including associated risks) at the workplace affecting workers in the work group; and

(ii) the health and safety of the workers in the work group; and

(ca) if the person becomes aware a notice of entry under part 7 or a notice under part 10 relating to a work group (a
"relevant notice" ) has been given, but the person has not been given a copy of the notice—inform a health and safety representative for the work group about the relevant notice as soon as reasonably practicable after becoming aware of the notice; and

(cb) if the person is given a relevant notice—give a copy of the relevant notice to a health and safety representative for the work group as soon as reasonably practicable after being given the notice; and

(cc) if a notifiable incident arising out of the conduct of the business or undertaking has occurred that affects a work group—give to a health and safety representative for the work group a copy of either of the following relating to the work group—

(i) the written notice given to the regulator under section 38 , as soon as practicable after it is given;

(ii) the information received by the person from the regulator under section 38 (6) , as soon as practicable after it is received; and

(d) with the consent of a worker that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between the worker and—

(i) an inspector; or

(ii) the person conducting the business or undertaking at that workplace or the person’s representative; and

(e) with the consent of 1 or more workers that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between a group of workers, which includes the workers who gave the consent, and—

(i) an inspector; or

(ii) the person conducting the business or undertaking at that workplace or the person’s representative; and

(f) provide any resources, facilities and assistance to a health and safety representative for the work group that are reasonably necessary or prescribed under a regulation to enable the representative to exercise his or her powers or perform his or her functions under this Act; and

(g) allow a suitable entity assisting a health and safety representative for the work group to have access to the workplace if that is necessary to enable the assistance to be provided; and

Note—

The issue resolution procedures in division 5 and the dispute resolution process in division 7A can be used to resolve a dispute arising in relation to paragraph (c) , (cb) , (cc) or (g) . See also section 71 (8) and (9) .

(ga) inform a health and safety representative for a work group, as soon as possible, if—

(i) a WHS entry permit holder or an inspector has entered a workplace where a worker in the work group works; and

(ii) the WHS entry permit holder or inspector’s purpose for entering the workplace is relevant to the work group or a part of the workplace where a worker in the work group works; and

(h) permit a health and safety representative for the work group to accompany—

(i) the WHS entry permit holder while the WHS entry permit holder is exercising a right relating to a worker in the work group or a part of the workplace where a worker in the work group works; or

(ii) an inspector during an inspection of any part of the workplace where a worker in the work group works; and

(i) provide any other assistance to the health and safety representative for the work group that may be required under a regulation.

Penalty—

Maximum penalty—100 penalty units.

(2) The person conducting a business or undertaking must allow a health and safety representative to spend the time reasonably necessary to exercise his or her powers and perform his or her functions under this Act.

Penalty—

Maximum penalty—100 penalty units.

(3) The person conducting the business or undertaking must pay a health and safety representative exercising the representative’s powers or functions under this Act the amount, including any overtime, penalties or allowances, the representative would be entitled to receive if the representative were performing their normal duties for the person during the same period.