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WORK HEALTH AND SAFETY REGULATION 2011 - REG 23
Default procedure
23 Default procedure
(1) This section sets out the default procedure for issue resolution for
section 81 (2) of the Act .
(2) Any party to the issue may commence the
procedure by telling each other party— (a) that there is an issue to be
resolved; and
(b) the nature and scope of the issue.
(3) As soon as parties
are told of the issue, all parties must meet or communicate with each other to
attempt to resolve the issue.
(4) The parties must have regard to all
relevant matters including the following— (a) the degree and immediacy of
risk to workers or other persons affected by the issue;
(b) the number and
location of workers and other persons affected by the issue;
(c) the measures
(both temporary and permanent) that must be implemented to resolve the issue;
(d) who will be responsible for implementing the resolution measures.
(5) A
party may, in resolving the issue, be assisted or represented by a person
nominated by the party.
(6) If the issue is resolved, details of the issue
and its resolution must be set out in a written agreement if any party to the
issue requests this.
(7) If a written agreement is prepared all parties to
the issue must be satisfied that the agreement reflects the resolution of the
issue.
(8) A copy of the written agreement must be provided to— (a) all
parties to the issue; and
(b) if requested, to the health and safety
committee for the workplace.
(9) For the avoidance of doubt, nothing in this
procedure prevents a worker from bringing a work health and safety issue to
the attention of the worker’s health and safety representative.
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