Commonwealth Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Objects  
   4.      Act excludes some State and Territory laws  
   5.      Interpretation  
   6.      Act not to prejudice national security  
   7.      Act not to prejudice Australia's defence  
   8.      Act not to prejudice certain police operations  
   9.      Meaning of employee etc.  
   9A.     Meaning of contractor etc.  
   10.     Commonwealth to act through employing authority  
   11.     Extent to which Act binds the Crown  
   12.     Functions conferred on Commission  
   12A.    Functions conferred on Comcare  
   13.     Application of Act to external Territories etc.  
   14.     Application of Act to workplaces controlled by contractors  
   15.     Application of Act to employees working in non-Commonwealth premises  
   15A.    Application of Criminal Code  

   PART 2--OCCUPATIONAL HEALTH AND SAFETY

           Division 1--General duties relating to occupational health and safety

   16.     Duties of employers in relation to their employees etc.  
   16A.    Development of health and safety management arrangements  
   16B.    Certificate evidencing employee representative's entitlement to be involved in consultations  
   17.     Duty of employers in relation to third parties  
   18.     Duties of manufacturers in relation to plant and substances  
   19.     Duties of suppliers in relation to plant and substances  
   20.     Duties of person erecting or installing plant in a workplace  
   21.     Duties of employees in relation to occupational health and safety  
   22.     Reliance on information supplied or results of research  

           Division 2--Specific duties relating to occupational health and safety

   23.     Regulations relating to occupational health and safety  
   23A.    Unlicensed operation of major hazard facility  

   PART 3--WORKPLACE ARRANGEMENTS

           Division 1--Health and safety representatives

   24.     Designated work groups  
   24A.    Consultations on designated work groups are health and safety management arrangement consultations  
   24B.    List of designated work groups  
   25.     Selection of health and safety representatives  
   25A.    Election of health and safety representatives  
   25B.    List of health and safety representatives  
   25C.    Employees must be notified of selection etc. of health and safety representative  
   26.     Term of office  
   26A.    Casual vacancy  
   27.     Training of health and safety representatives  
   28.     Powers of health and safety representatives  
   29.     Provisional improvement notices  
   30.     Duties of employers in relation to health and safety representatives  
   31.     Resignation etc. of health and safety representative  
   32.     Disqualification of health and safety representatives  
   33.     Deputy health and safety representatives  

           Division 2--Health and safety committees

   34.     Health and safety committees  
   35.     Functions of health and safety committees  
   36.     Duties of employers in relation to health and safety committees  

           Division 3--Emergency procedures

   37.     Action by health and safety representatives  
   38.     Directions to perform other work  

   PART 4--ADVICE, INVESTIGATIONS AND INQUIRIES

           Division 1--Advice

   38A.    Comcare may advise employers etc.  
   39.     Referral of persons seeking advice to experts  

           Division 2--Investigations

   40.     Appointment of investigators  
   41.     Investigations  
   42.     Power of entry  
   43.     Power to require assistance and information  
   44.     Power to take possession of plant, take samples of substances etc.  
   45.     Power to direct in writing that workplace etc. not be disturbed  
   45A.    Power to direct orally that workplace etc. not be disturbed  
   46.     Power to issue prohibition notices  
   47.     Power to issue improvement notices  
   48.     Appeals  
   49.     Liability of investigators  
   50.     Notices not to be tampered with or removed  
   51.     Arrangements with States for services of State officers  

           Division 3--Inquiries and reports

   52.     Application  
   53.     Report of investigation  
   54.     Power to obtain information and documents  
   55.     Commission may conduct public inquiry  
   56.     Power to summon witnesses  
   57.     Failure of witness to attend  
   58.     Power to administer oath or affirmation  
   59.     Failure to be sworn or to answer questions  
   60.     Protection of members and witnesses  
   61.     Contempt of Commission  
   62.     Powers of Commission in relation to documents produced  
   63.     Allowances to witnesses  
   64.     Witness not to be prejudiced in employment  
   65.     Report to be given to Minister in certain circumstances  
   66.     Report to be given to Minister of failures to comply with directions etc.  
   67.     Delegation by Commission  

   PART 4A--RECOVERY OF COST OF ADMINISTERING ACT

           Division 1--Charges for services

   67A.    Power of Commission to enter into arrangements  

           Division 2--Contributions

   67B.    Estimates of contributions  
   67C.    Amount of contribution  
   67D.    Information to be given to Commission  
   67E.    Review by Commission  
   67F.    Review by Minister  
   67G.    Confirmation of estimates  
   67H.    Payment of contribution  
   67J.    Penalty for late payment  
   67K.    Recovery of contribution and penalty  

   PART 5--MISCELLANEOUS

   68.     Notification of accidents and dangerous occurrences  
   69.     Records of accidents and dangerous occurrences to be kept  
   70.     Codes of practice  
   71.     Use of codes of practice in proceedings  
   72.     Interference etc. with equipment etc.  
   73.     Employer not to levy employees etc.  
   74.     Certain matters to be included in annual reports  
   75.     Annual report of Commission  
   75A.    Annual report of Comcare  
   76.     Employer not to dismiss etc. employees on certain grounds  
   77.     Institution of proceedings  
   78.     Conduct of directors, servants and agents  
   79.     Act not to give rise to other liabilities etc.  
   80.     Effect of breach of Act etc. on contracts of employment etc.  
   81.     Circumstances preventing compliance with Act may be defence to prosecution  
   82.     Regulations  
           SCHEDULE 1 Government business enterprises
           SCHEDULE 2 Civil and criminal proceedings