Section 84 — Health and Safety at Work Act 2015: Health and safety representative may direct unsafe work to cease

84 Health and safety representative may direct unsafe work to cease (1) A health and safety representative may direct a worker who is in a work group represented by the representative to cease work if the representative reasonably believes that carrying out the work would expose the worker, or any other person, to a serious risk to the worker’s or other person’s health or safety, arising from an immediate or imminent exposure to a hazard. (2) The health and safety representative must not give a direction under subsection (1) unless the matter is not resolved within a reasonable time after consultation about the matter with the PCBU for whom the workers are carrying out work. (3) Despite subsection (2), the health and safety representative may direct the worker to cease work without carrying out that consultation if the risk is so serious and immediate or imminent that it is not reasonable to consult before giving the direction. (4) The health and safety representative must carry out the consultation as soon as practicable after giving a direction under subsection (3). (5) The health and safety representative must immediately inform the PCBU of any direction given by the health and safety representative to a worker under subsection (1). (6) Subsection (1) does not authorise a health and safety representative to give a direction to a worker to cease work that, because of its nature, inherently or usually carries an understood risk to health and safety unless the risk has materially increased beyond the understood risk. Compare: 1992 No 96 s 28A ; Model Work Health and Safety Act (Aust) s 85(1), (2), (4), (5)