Common use of Work Health and Safety Clause in Contracts

Work Health and Safety. 10.1 Safety Issues a) The Company, the Employees and the Union agree that for the purposes of s. 81 of the Work Health and Safety Act 2011 (NSW) matters about work health and safety arising at the workplace shall be resolved in accordance with this procedure. b) The Parties agree that for the purposes of this procedure and s. 81(3) of the WHS Act the following persons shall be the representatives of the following parties: (i) the Principal Contractor (as defined under the WHS Act) - Site Manager or any other person nominated by the Principal Contractor; (ii) the Company - the Site Manager or any other person nominated by the Company(s); and (iii) The Employees - person nominated by the employee to act as the Employee's representative(s) (eg Union or other representative). (collectively referred to as "Nominated Parties”) c) The Nominated Parties agree that representatives shall be entitled to: (i) inspect any work system, plant, substance, structure or other thing relevant to resolving the issue; (ii) consult with relevant Employees in relation to resolving the issue; (iii) consult with the relevant PCBU (as defined in the WHS Act) about resolving the issue; (iv) inspect and take copies of any document that is directly relevant to resolving the issue; and (v) advise any person whom the representative reasonably believes to be exposed to a serious risk to his or her health and safety, emanating from an immediate and imminent exposure to a hazard of that risk. d) Any inspection shall be conducted by all parties and/or their representatives. e) The Nominated Parties and/or their representatives may commence the procedure by informing, either by themselves or their representative, the other Parties and/or representatives that: (i) there is an issue to be resolved; and (ii) the nature and scope of the issue. f) As soon as the Parties and/or their representatives are informed of the issue, the Nominated Parties and/or their representatives must meet or communicate with each other to attempt to resolve the issue. g) The Nominated Parties and/or their representatives must have regard to all relevant matters including: (i) the degree and imminent risk to the Employees or other persons affected by the issue; (ii) the number and location of Employees and other persons affected by the issue; (iii) the measures both temporary and permanent that must be implemented to resolve the issue; (iv) who will be responsible for implementing the resolution measures; (v) whether the hazard or risk can be isolated; and (vi) the time that may elapse before the hazard or risk is permanently corrected. h) Once the issue is resolved details of the issue and its resolution must be set out in writing with all Parties and/or their representatives to be satisfied that the agreement reflects the resolution of the issue with a copy given to all Nominated Parties and/or their representatives to the issue. The issue, once resolved, shall be recorded in the next health and safety committee meeting minutes with the agreed resolution. i) The Nominated Parties and/or their representatives must make reasonable efforts to achieve a timely and final resolution of the issue. j) Direction to cease work (i) If a safety issue exists concerning exposure to a serious risk to the Employee’s health or safety, emanating from an immediate or imminent exposure to a hazard (Unsafe Work), there will be a right to cease the Unsafe Work in accordance with Division 6 of Part 5, WHS Act 2011 (NSW). The Company and/or the health and safety representative (HSR) for the designated work group in relation to which the issue has arisen may after consultation between them, direct that the work is to cease. (ii) During any period for which work has ceased in accordance with such a direction, the Company may assign any Employees whose work is affected to suitable and safe alternative work.

Work Health and Safety. 10.1 Safety 9.1 Procedure for resolving health and safety Issues a) The CompanyParties agree that, the Employees and the Union agree that for the purposes of s. 81 s.81 of the Work Health and Safety Act 2011 (NSW) WHS Act, matters about work health and safety arising at the workplace shall be resolved in accordance with this procedure. b) The Parties agree that that, for the purposes of this procedure and s. 81(3) of the WHS Act Act, the following persons shall may be the representatives of the following partiesParties: (i) the Principal Contractor (as defined under the WHS Act) - the Site Manager or any other person nominated by the Principal Contractor; (ii) the Company - the Site Manager or any other person nominated by the Company(s)Company; and (iii) The the Employees - person nominated by the employee to act as the Employee's representative(s) (eg e.g. Union or other representative). (collectively referred to as "Nominated Parties”). c) The Nominated Parties agree that representatives shall be entitled to: (i) inspect any work systemEmployee, plant, substance, structure or other thing relevant to resolving the issue; (ii) consult with relevant Employees in relation to resolving the issue; (iii) consult with the relevant PCBU (as defined in the WHS Act) about resolving the issue; (iv) inspect and take copies of any document that is directly relevant to resolving the issue; and (v) advise any person whom the representative reasonably believes to be exposed to a serious risk to his or her health and safety, emanating from an immediate and imminent exposure to a hazard of that risk. d) Any inspection shall be conducted by all parties and/or their representatives. e) The Nominated Parties and/or their representatives may commence the procedure by informingfirst instance, either by themselves or through their representative, the other Parties and/or representatives advise their supervisor that: (i) there is an issue to be resolved; and (ii) the nature and scope of the issue. fd) As soon as When a matter cannot be resolved in the Parties and/or their representatives are informed of the issuefirst instance, the Nominated following procedure shall be adopted: (i) The health and safety issue will be raised with the Site Manager and Health and Safety Representative (HSR) for the Designated Work Group (DWG) and/or Workplace Health and Safety Committee (WHS Committee) member; (ii) the DWG HSR and/or WHS Committee member will consult with the supervisor and the Site Manager (or the Company’s representative) to resolve the health and safety issue; (iii) where the health and safety issue is not resolved, the site WHS Committee will convene to resolve the issue in accordance with the WHS Act; (iv) where the steps in 9.1 d) (i) to 9.1 d) (iii) have been exhausted and the health and safety issue has not been resolved, the matter may be referred for advice from a specialist (such as a WHS inspector). e) Before a health and safety issue is escalated to 9.1 d) (iv) above, the affected Parties and/or their representatives must meet or communicate with each other to attempt to resolve the issue and then will advise that the matter will be referred to a specialist. f) The Parties and/or their representatives must make reasonable efforts to achieve a timely and final resolution of the issue. g) The Nominated Parties and/or their representatives to a health and safety issue will be provided with relevant information in respect of the issue to ensure the timely resolution of the issue. h) The affected Parties must have regard to all relevant matters including: (i) the degree and imminent risk to the Employees or other persons affected by the issue; (ii) the number and location of Employees and other persons affected by the issue; (iii) the measures both temporary and permanent that must be implemented to resolve the issue; (iv) who will be responsible for implementing the resolution measures; (v) whether the hazard or risk can be isolated; and (vi) the time that may elapse before the hazard or risk is permanently corrected. hi) Once the health and safety issue is resolved resolved, details of regarding the issue and its resolution must may be set out in writing if requested by any affected party to the issue. If a written resolution is prepared in accordance with this clause (Clause 9.1 i)), all Parties and/or their representatives parties to the issue must be satisfied that the agreement written resolution reflects the resolution of the issue with a copy given to all Nominated Parties and/or their representatives to the issue. The issue, once resolved, shall be recorded in the next health and safety committee meeting minutes with the agreed resolution. i) The Nominated Parties and/or their representatives must make reasonable efforts to achieve a timely and final resolution of the issue. j) Direction to cease work (i) If a safety issue exists concerning exposure to a serious risk . A copy should be given to the Employee’s health or safety, emanating from an immediate or imminent exposure parties. A copy should also be provided to the WHS Committee. This written resolution may be provided within a hazard (Unsafe Work), there will be a right to cease reasonable time after the Unsafe Work in accordance with Division 6 of Part 5, WHS Act 2011 (NSW). The Company and/or the work health and safety representative (HSR) for the designated work group in relation to which the issue has arisen may after consultation between them, direct that the work is to ceaseresolved. (ii) During any period for which work has ceased in accordance with such a direction, the Company may assign any Employees whose work is affected to suitable and safe alternative work.

Work Health and Safety. 10.1 Safety Issues a) The CompanyEmployer, the Employees and the Union agree that for the purposes of s. 81 of the Work Health and Safety Act 2011 Xxx 0000 (NSW) matters about work health and safety arising at the workplace shall be resolved in accordance with this procedure. b) The Parties agree that for the purposes of this procedure and s. 81(3) of the WHS Act the following persons shall be the representatives of the following parties: (i) the Principal Contractor (as defined under the WHS Act) - Site Manager or any other person nominated by the Principal Contractor; (ii) the Company Employer - the Site Manager or any other person nominated by the Company(sEmployer(s); and (iii) The Employees - person nominated by the employee to act as the Employee's representative(s) (eg Union or other representative). (collectively referred to as "Nominated Parties”) c) The Nominated Parties agree that representatives shall be entitled to: (i) inspect any work system, plant, substance, structure or other thing relevant to resolving the issue; (ii) consult with relevant Employees in relation to resolving the issue; (iii) consult with the relevant PCBU (as defined in the WHS Act) about resolving the issue; (iv) inspect and take copies of any document that is directly relevant to resolving the issue; and (v) advise any person whom the representative reasonably believes to be exposed to a serious risk to his or her health and safety, emanating from an immediate and imminent exposure to a hazard of that risk. d) Any inspection shall be conducted by all parties and/or their representatives. e) The Nominated Parties and/or their representatives may commence the procedure by informing, either by themselves or their representative, the other Parties and/or representatives that: (i) there is an issue to be resolved; and (ii) the nature and scope of the issue. f) As soon as the Parties and/or their representatives are informed of the issue, the Nominated Parties and/or their representatives must meet or communicate with each other to attempt to resolve the issue. g) The Nominated Parties and/or their representatives must have regard to all relevant matters including: (i) the degree and imminent risk to the Employees or other persons affected by the issue; (ii) the number and location of Employees and other persons affected by the issue; (iii) the measures both temporary and permanent that must be implemented to resolve the issue; (iv) who will be responsible for implementing the resolution measures; (v) whether the hazard or risk can be isolated; and (vi) the time that may elapse before the hazard or risk is permanently corrected. h) Once the issue is resolved details of the issue and its resolution must be set out in writing with all Parties and/or their representatives to be satisfied that the agreement reflects the resolution of the issue with a copy given to all Nominated Parties and/or their representatives to the issue. The issue, once resolved, shall be recorded in the next health and safety committee meeting minutes with the agreed resolution. i) The Nominated Parties and/or their representatives must make reasonable efforts to achieve a timely and final resolution of the issue. j) Direction to cease work (i) If a safety issue exists concerning exposure to a serious risk to the Employee’s health or safety, emanating from an immediate or imminent exposure to a hazard (Unsafe Work), there will be a right to cease the Unsafe Work in accordance with Division 6 of Part 5, WHS Act 2011 (NSW). The Company and/or the health and safety representative (HSR) for the designated work group in relation to which the issue has arisen may after consultation between them, direct that the work is to cease. (ii) During any period for which work has ceased in accordance with such a direction, the Company Employer may assign any Employees whose work is affected to suitable and safe alternative work.

Work Health and Safety. 10.1 Safety Procedure for resolving health and safety Issues a) The Companyparties agree that, the Employees and the Union agree that for the purposes of s. 81 s.81 of the Work Health and Safety Act 2011 (NSW) WHS Act, matters about work health and safety arising at the workplace shall be resolved in accordance with this procedure. b) The Parties parties agree that that, for the purposes of this procedure and s. 81(3) of the WHS Act Act, the following persons shall may be the representatives of the following parties: (i) the Principal Contractor (as defined under the WHS Act) - the Site Manager or any other person nominated by the Principal Contractor; (ii) the Company - the Site Manager or any other person nominated by the Company(s)Company; and (iii) The the Employees - person nominated by the employee to act as the Employee's representative(s) (eg e.g. Union or other representative). (collectively referred to as "Nominated Parties”). c) The Nominated Parties agree that representatives shall be entitled to: (i) inspect any work systemEmployee, plant, substance, structure or other thing relevant to resolving the issue; (ii) consult with relevant Employees in relation to resolving the issue; (iii) consult with the relevant PCBU (as defined in the WHS Act) about resolving the issue; (iv) inspect and take copies of any document that is directly relevant to resolving the issue; and (v) advise any person whom the representative reasonably believes to be exposed to a serious risk to his or her health and safety, emanating from an immediate and imminent exposure to a hazard of that risk. d) Any inspection shall be conducted by all parties and/or their representatives. e) The Nominated Parties and/or their representatives may commence the procedure by informingfirst instance, either by themselves or through their representative, the other Parties and/or representatives advise their supervisor that: (i) there is an issue to be resolved; and (ii) the nature and scope of the issue. fd) As soon as When a matter cannot be resolved in the Parties and/or their representatives are informed of the issuefirst instance, the Nominated Parties following procedure shall be adopted: (i) The health and safety issue will be raised with the Site Manager and Health and Safety Representative (HSR) for the Designated Work Group (DWG) and/or their representatives Workplace Health and Safety Committee (WHS Committee) member; (ii) the DWG HSR and/or WHS Committee member will consult with the supervisor and the Site Manager (or the Company’s representative) to resolve the health and safety issue; (iii) where the health and safety issue is not resolved, the site WHS Committee will convene to resolve the issue in accordance with the WHS Act; (iv) where the steps in 10.1 d) (i) to 10.1 d) (iii) have been exhausted and the health and safety issue has not been resolved, the matter may be referred for advice from a specialist (such as a WHS inspector). e) Before a health and safety issue is escalated to 9.1 d) (iv) above, the affected parties must meet or communicate with each other to attempt to resolve the issue and then will advise that the matter will be referred to a specialist. f) The parties and/or their representatives must make reasonable efforts to achieve a timely and final resolution of the issue. g) The Nominated Parties and/or their representatives parties to a health and safety issue will be provided with relevant information in respect of the issue to ensure the timely resolution of the issue. h) The affected parties must have regard to all relevant matters including: (i) the degree and imminent risk to the Employees or other persons affected by the issue; (ii) the number and location of Employees and other persons affected by the issue; (iii) the measures both temporary and permanent that must be implemented to resolve the issue; (iv) who will be responsible for implementing the resolution measures; (v) whether the hazard or risk can be isolated; and (vi) the time that may elapse before the hazard or risk is permanently corrected. hi) Once the health and safety issue is resolved resolved, details of regarding the issue and its resolution must may be set out in writing if requested by any affected party to the issue. If a written resolution is prepared in accordance with this clause (Clause 10.1 i)), all Parties and/or their representatives parties to the issue must be satisfied that the agreement written resolution reflects the resolution of the issue with a copy given to all Nominated Parties and/or their representatives to the issue. The issue, once resolved, shall be recorded in the next health and safety committee meeting minutes with the agreed resolution. i) The Nominated Parties and/or their representatives must make reasonable efforts to achieve a timely and final resolution of the issue. j) Direction to cease work (i) If a safety issue exists concerning exposure to a serious risk . A copy should be given to the Employee’s health or safety, emanating from an immediate or imminent exposure parties. A copy should also be provided to the WHS Committee. This written resolution may be provided within a hazard (Unsafe Work), there will be a right to cease reasonable time after the Unsafe Work in accordance with Division 6 of Part 5, WHS Act 2011 (NSW). The Company and/or the work health and safety representative (HSR) for the designated work group in relation to which the issue has arisen may after consultation between them, direct that the work is to ceaseresolved. (ii) During any period for which work has ceased in accordance with such a direction, the Company may assign any Employees whose work is affected to suitable and safe alternative work.