Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 79

79 .         Duties of person conducting business or undertaking

        (1)         The person conducting a business or undertaking must allow each member of the health and safety committee to spend the time that is reasonably necessary to attend meetings of the committee or to perform functions as a member of the committee.

        Penalty for this subsection:

            (a)         for an individual, a fine of $12 500;

            (b)         for a body corporate, a fine of $55 000.

        (2)         Any time that a member of a health and safety committee spends for the purposes set out in subsection (1) must be with the pay that the member would otherwise be entitled to receive for performing the member’s normal duties during that period.

        (3)         The person conducting a business or undertaking must allow the health and safety committee for a workplace to have access to information that the person has relating to —

            (a)         hazards (including associated risks) at the workplace; and

            (b)         the health and safety of the workers at the workplace.

        Penalty for this subsection:

            (a)         for an individual, a fine of $12 500;

            (b)         for a body corporate, a fine of $55 000.

        (4)         Despite subsection (3), the person conducting a business or undertaking must not allow the health and safety committee to have access to any personal or medical information concerning a worker without the worker’s consent unless the information is in a form that —

            (a)         does not identify the worker; and

            (b)         could not reasonably be expected to lead to the identification of the worker.

        Penalty for this subsection:

            (a)         for an individual, a fine of $12 500;

            (b)         for a body corporate, a fine of $55 000.

        (5)         The person conducting a business or undertaking must, without unreasonable delay —

            (a)         consider any recommendation or other decision made by the health and safety committee within the scope of the committee’s functions that requires the person’s agreement if it is to be implemented; and

            (b)         provide a response to the committee stating the extent to which the person agrees to the implementation of the recommendation or other decision; and

            (c)         if the person agrees to the implementation of the recommendation or other decision (wholly or partly), take any action required to be taken by the person for the purposes of the implementation.

        Penalty for this subsection:

            (a)         for an individual, a fine of $12 500;

            (b)         for a body corporate, a fine of $55 000.

        (6)         The person conducting a business or undertaking must not unreasonably withhold the person’s agreement to the implementation of a recommendation or other decision referred to in subsection (5)(a) (wholly or partly).

        Penalty for this subsection:

            (a)         for an individual, a fine of $12 500;

            (b)         for a body corporate, a fine of $55 000.