PCBU Interaction with HSRs and Health and Safety Committee
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PCBU Interaction with

HSRs and Health & Safety Committee


HSRs and Health & Safety Committee

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Our WHS article last week dealt with the benefits of consultation and the mandatory consultation requirements in sections 46 to 49 in the WHS Act. Those sections set out the overall principles and requirements of WHS consultation in a workplace.


However the WHS Act also contains sections that cover some points where the PCBU interacts with HSRs and/or the Committee. This article deals with the specific details of what a PCBU must do that are found in section 70 (HSRs), and section 79 (Health & Safety Committee).


You may care to check whether the requirements below are being complied with in your workplace.


HSRs and PCBUs – Section 70 WHS Act

A PCBU must:



 


(a) hazards (including associated risks) at the workplace affecting  

      workers in the HSR’s work group, and

(b) the health and safety of the workers* in the HSR’s work group,  









 

Health & Safety Committees and PCBUs - Section 79 WHS Act

A PCBU must:  





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

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



Note:

* Worker’s personal or medical information – section 70 and 79 (4) WHS Act

“The PCBU must not allow a HSR, or a Health & Safety Committee member, 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.”


** Person’s Representative – See definition of “representative” in Section 4 the WHS Act

representative, in relation to a worker, means:

(a) the health and safety representative for the worker, or

(b) a union representing the worker, or

(c) any other person the worker authorises to represent him or her.”

 




31st July 2018

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