| NOH&S Draft Bill, 2005.
Section 34. Worker’s right to
leave dangerous working place
(1) A worker has the right to leave any working place
whenever –
(a) circumstances arise at that working place which, with
reasonable justification, appear to that worker to pose a serious danger to
the health or safety of that worker; or
(b) the health and safety representative responsible for
that working place directs that workers leave that working place.
(2) Every employer, after
consulting the health and safety committee at the workplace, must determine
effective procedures for the general exercise of the right granted by
sub-section (1), and those procedures must provide for
(a) notification of supervisors and health and safety
representatives of dangers which have been perceived and responded to in
terms of sub-section (1);
(b) participation by representatives of the employer and
representatives of the employees in endeavouring to resolve any issue that
may arise from the exercise of the right referred to in sub-section (1);
(c) participation, where necessary, by an inspector or
technical adviser to assist in resolving any issue that may arise from the
exercise of the right referred to in sub-section (1);
(d) where appropriate, the assignment to suitable
alternative work of any worker who left, or refuses to work in, a working
place contemplated in sub-section (1); and
(e) notification to any worker who has to perform work or
is requested to perform work in a working place contemplated in sub-section
(1) of the fact that another worker has refused to work there and of the
reason for that refusal.
(3) If there is no health and
safety committee at a workplace, the consultation required in sub-section
(2) must be held with –
(a) the health and safety representatives; or
(b) if there is no health and safety representative at the
workplace, with the employees.
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