Safety Matters - Rail, Tram and Bus Union of NSW
Safety Matters - Rail, Tram and Bus Union of NSW
Safety Matters - Rail, Tram and Bus Union of NSW
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Relations Act 1996 <strong>and</strong> produces the authority if required to do so by the<br />
occupier <strong>of</strong> the premises.<br />
(2) Entry may only be made at a reasonable time in the daytime or at any hour<br />
when work is carried on or is usually carried on at the premises. (Section<br />
79, OHS Act)<br />
Section 81: Powers available on entry<br />
For the purpose <strong>of</strong> investigating any suspected breach <strong>of</strong> the occupational health<br />
<strong>and</strong> safety legislation, an authorised representative who enters premises under<br />
this Division may do any <strong>of</strong> the following:<br />
(a) make searches <strong>and</strong> inspections (<strong>and</strong> take photographs <strong>and</strong> make<br />
video <strong>and</strong> audio recordings),<br />
(b) require the occupier <strong>of</strong> those premises to provide the authorised representative<br />
with such assistance <strong>and</strong> facilities as is or are reasonably necessary to enable<br />
the representative to exercise his or her functions under this Division,<br />
(c) require the production <strong>of</strong> <strong>and</strong> inspect any documents in or about those<br />
premises that directly affect or directly deal with the occupational health<br />
<strong>and</strong> safety <strong>of</strong> employees working at those premises,<br />
(d) take copies <strong>of</strong> or extracts from any such documents. (Section 81, OHS<br />
Act)<br />
Care to be taken<br />
In the exercise <strong>of</strong> a function under this Division, an authorised representative<br />
must do as little damage as possible. (Section 82, OHS Act)<br />
Authorised representative may request assistance from inspector<br />
An inspector may accompany <strong>and</strong> take all reasonable steps to assist an<br />
authorised representative in the exercise <strong>of</strong> the representative’s functions under<br />
this Division if the representative reasonably believes that he or she may be<br />
obstructed in the exercise <strong>of</strong> those functions. (Section 83, OHS Act)<br />
Offence <strong>of</strong> failing to comply with requirement <strong>of</strong> authorised representative<br />
A person must not, without reasonable excuse, refuse or fail to comply with<br />
a requirement made by an authorised representative in accordance with this<br />
Division. (Section 84, OHS Act)<br />
Offence <strong>of</strong> impersonating an authorised representative<br />
A person must not impersonate, or falsely represent that the person is, an<br />
authorised representative. (Section 85, OHS Act)<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
SECTION TWO<br />
RAIL<br />
TRAM AND BUS<br />
59<br />
Monitoring OHS Programs <strong>and</strong> Procedures<br />
U N<br />
I O N
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