The health and safety representative for a designated work group must not, or, if the health and safety representative is assisted by a consultant, the health and safety representative and the consultant must not, under paragraph 51(b), have access:
(a) to information in respect of which the operator may claim, and does claim, legal professional privilege; or
(b) to information of a confidential medical nature relating to a person who is or was an employee unless:
(i) the person has given to the operator a written authority allowing the health and safety representative, or the health and safety representative and the consultant, as the case requires, to have access to the information; or
(ii) the information is in a form that does not identify the person or enable the identity of the person to be discovered.