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88: Meaning of adverse conduct
or “What counts as unfair treatment due to health and safety actions or views”
You could also call this:

“What counts as an unfair reason for treating workers badly over health and safety matters”

In this part of the law, you’ll learn about what a ‘prohibited health and safety reason’ means. This is important when talking about worker engagement, participation, and representation in health and safety matters.

A prohibited health and safety reason is when someone treats you badly because of things you do to help with health and safety at work. This could be because you are, have been, or want to be a health and safety representative or part of a health and safety committee. It could also be because you do, have done, or want to do any job or task related to health and safety at work.

The law protects you if you do things like share information about health and safety, raise concerns about safety issues, or help solve health and safety problems. It doesn’t matter who you talk to about these issues - it could be your boss, a safety inspector, your workmates, or anyone else involved in health and safety at your workplace.

You’re also protected if you choose not to do certain things related to health and safety, or if you stop work because of safety concerns as allowed by section 83 or 84 of this law.

Remember, it’s not okay for anyone to treat you unfairly because you’re trying to make your workplace safer. This law is here to protect you when you speak up about health and safety.

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Next up: 90: Prohibition on adverse conduct

or “You can't treat people badly for health and safety reasons”
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Part 3 Worker engagement, participation, and representation
Prohibition of adverse, coercive, or misleading conduct

89Meaning of prohibited health and safety reason

  1. For the purposes of this subpart, adverse conduct is engaged in for a prohibited health and safety reason if it is engaged in because the worker or prospective worker or the person referred to in section 88(1)(b) or (c) (as the case requires)—

  2. is, has been, or proposes to be a health and safety representative or a member of a health and safety committee; or
    1. undertakes, has undertaken, or proposes to undertake another role under this Act; or
      1. performs, has performed, or proposes to perform a function—
        1. as a health and safety representative or as a member of a health and safety committee; or
          1. under this Act; or
            1. under this Act in a particular way; or
            2. refrains from, has refrained from, or proposes to refrain from performing a function under this Act or under this Act in a particular way; or
              1. exercises, has exercised, or proposes to exercise a power—
                1. as a health and safety representative; or
                  1. under this Act; or
                    1. under this Act in a particular way; or
                    2. refrains from, has refrained from, or proposes to refrain from exercising a power under this Act or under this Act in a particular way; or
                      1. assists, has assisted, or proposes to assist, or gives, has given, or proposes to give, any information to any person performing a function or exercising a power under this Act; or
                        1. raises, has raised, or proposes to raise an issue or concern about health and safety with—
                          1. the PCBU; or
                            1. the regulator or an inspector; or
                              1. a worker's representative; or
                                1. another worker; or
                                  1. a health and safety representative; or
                                    1. a member of a health and safety committee; or
                                      1. any other person who has a duty under this Act in relation to the matter; or
                                        1. any other person performing a function or exercising a power under this Act; or
                                        2. is involved in, has been involved in, or proposes to be involved in resolving a health and safety issue under this Act; or
                                          1. is taking action, has taken action, or proposes to take action to seek compliance by any person with any duty or obligation under this Act; or
                                            1. has ceased work under section 83 or 84.

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