Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 85

85 Health and safety representative may direct that unsafe work cease

(1) A health and safety representative may, by giving a written notice stating the matters mentioned in section 85A (a
"cease work notice" ) to a worker, direct the worker to cease work if—

(a) the worker is in a work group represented by the health and safety representative; and

(b) the health and safety representative has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure to a hazard.

(2) However, the health and safety representative must not give a direction under subsection (1) unless the matter is not resolved after—

(a) consulting about the matter with the person conducting the business or undertaking for whom the worker is carrying out work; and

(b) attempting to resolve the matter as an issue under division 5 .

(2A) As soon as practicable after giving a cease work notice under subsection (1) , the health and safety representative must—

(a) give the person conducting the business or undertaking a copy of the cease work notice; and

(b) display, in a prominent way in an area used by the workers who are in the work group, a copy of the cease work notice.

(3) The health and safety representative may direct the worker or workers to cease work without consulting about the matter with the person conducting the business or undertaking or attempting to resolve the matter as an issue under division 5 if the risk is so serious and immediate or imminent that it is not reasonable to consult before giving the direction.

(4) A direction given under subsection (3) may be given orally.

(5) As soon as possible after giving a direction under subsection (3) , the health and safety representative must—

(a) give the person conducting the business or undertaking a cease work notice to inform the person of the direction given to the worker or workers under subsection (3) ; and

(b) display, in a prominent way in an area used by the workers who are in the work group, a copy of the cease work notice mentioned in paragraph (a) ; and

(c) consult with the person conducting the business or undertaking to attempt to resolve the matter.

(6) A health and safety representative can not give a direction under this section unless the representative has—

(a) completed initial training prescribed by regulation under section 72 (1) ; or

(b) previously completed that training when acting as a health and safety representative for another work group; or

(c) completed training equivalent to that training under a corresponding WHS law.

(7) A direction given under this section remains effective until—

(a) the direction given under subsection (1) or (3) is withdrawn in writing by the health and safety representative; or

(b) the issue is resolved with the assistance of an inspector under section 89 ; or

(c) an inspector issues a prohibition notice in relation to the matter; or

(d) the commission decides or deals with the dispute under division 7A .