New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000

- As at 17 June 2009
- Act 40 of 2000

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects
   4.      Definitions
   5.      Application of Act
   6.      When employees and self-employed persons at work
   7.      Risks arising from activities at work

   PART 2 - DUTIES RELATING TO HEALTH, SAFETY AND WELFARE AT WORK

           Division 1 - General duties

   8.      Duties of employers
   9.      Duties of self-employed persons
   10.     Duties of controllers of work premises, plant or substances
   11.     Duties of designers, manufacturers and suppliers of plant and substances for use at work
   12.     Penalty for offence against this Division

           Division 2 - Duty to consult

   13.     Duty of employer to consult
   14.     Nature of consultation
   15.     When consultation is required
   16.     How consultation to be undertaken
   17.     Establishment of OHS committees, election of OHS representatives and other agreed arrangements
   18.     Functions of OHS committees and OHS representatives
   19.     Regulations with respect to consultation

           Division 3 - Related duties

   20.     Duties of employees
   21.     Person not to interfere with or misuse things provided for health, safety and welfare
   22.     Employer not to charge employees for things done or provided pursuant to statutory requirement
   23.     Unlawful dismissal or other victimisation of employee
   23A.    Application for reinstatement of employee unlawfully dismissed under section 23
   24.     Person not to hinder aid to injured worker etc
   25.     Person not to disrupt workplace by creating health or safety fears

           Division 4 - Ancillary provisions

   26.     Offences by corporations-liability of directors and managers
   27.     Aiding and abetting etc
   28.     Defence
   29.     Relationship between duties under this Part and regulations
   30.     Alternative verdicts
   31.     Multiple contraventions of general duties under Division 1
   32.     Civil liability not affected by this Part

   PART 2A - WORKPLACE DEATHS-OFFENCE

   32A.    Reckless conduct causing death at workplace by person with OHS duties
   32B.    Prosecution for offences under this Part

   PART 3 - REGULATIONS

   33.     Regulations: general power
   34.     Regulations: specific miscellaneous powers
   35.     Regulations: specific powers with respect to licences, certificates of competency, registration and other authorities
   36.     Regulations may prescribe decisions that are to be reviewable by Administrative Decisions Tribunal
   37.     Regulations: adapting duties under Part 2
   38.     Regulations may adopt other publications
   39.     Regulations may create criminal offences
   39A.    Civil liability under regulations

   PART 4 - INDUSTRY CODES OF PRACTICE

   40.     Purpose of industry codes of practice
   41.     WorkCover may prepare draft codes
   42.     Consultation on draft codes
   43.     Approval of codes by Minister
   44.     Publication, commencement and availability of codes
   45.     Amendment or revocation of codes
   46.     Use of codes

   PART 5 - INVESTIGATIONS

           Division 1 - Appointment of inspectors

   47.     Appointment of inspectors (otherwise than in connection with mining workplaces or coal workplaces)
   47A.    Appointment of inspectors in connection with mining workplaces
   47B.    Appointment of inspectors in connection with coal workplaces
   48.     Identification of inspectors

           Division 2 - Powers of inspectors
           Note

   49.     (Repealed)
   50.     Powers of entry for places of work
   51.     Notice of entry
   52.     Production of authority to enter premises
   53.     Time for entry into premises
   54.     Use of force on entry
   55.     Notification of use of force on entry
   56.     Compensation
   57.     Entry to premises used for residential purposes
   58.     Search warrant
   59.     General powers available on entry
   60.     Powers available on entry to dismantle, take and keep things
   61.     Care to be taken
   62.     Power of inspectors to obtain information, documents and evidence
   63.     Power of inspector to demand name and address
   64.     Attendance of inspector at coronial inquest
   65.     Protection from incrimination
   66.     Offence: compliance
   67.     Offence of impersonating an inspector
   68.     Inspector may request assistance
   69.     Power of employees’ representative to accompany inspector
   70.     Notice of taking or dismantling plant, substances or other things
   71.     Powers supporting taking of things
   72.     Receipt for things taken
   73.     Forfeiture of things taken
   74.     Return of things taken
   75.     Access to things taken
   75A.    Certain actions by inspectors

           Division 3 - Entry and inspection powers of authorised employees’ representatives

   76.     Definition
   77.     Powers of entry of places of work
   78.     Notice of entry
   79.     Authority to enter premises
   80.     Entry to premises used for residential purposes
   81.     Powers available on entry
   82.     Care to be taken
   83.     Authorised representative may request assistance from inspector
   84.     Offence of failing to comply with requirement of authorised representative
   85.     Offence of impersonating an authorised representative

           Division 4 - Incidents at places of work

   86.     Notification of incidents
   87.     Non-disturbance of plant involved in serious incidents (and of surrounding area)
   88.     Minister may require and publish special reports into incidents

   PART 6 - INVESTIGATION, IMPROVEMENT AND PROHIBITION NOTICES

           Division 1 - Investigation notices

   89.     Investigation notice to stop plant or prevent disturbance of premises to allow investigation
   90.     Offence: failure to comply with investigation notice

           Division 2 - Improvement notices

   91.     Issue of improvement notices
   92.     Offence: failure to comply with improvement notice

           Division 3 - Prohibition notices

   93.     Issue of prohibition notices
   94.     Offence: failure to comply with prohibition notice

           Division 4 - General provisions relating to notices

   95.     Notices may include directions
   96.     Review of notices by WorkCover
   97.     Appeal to Industrial Magistrate following review
   98.     Application to Industrial Magistrate for stay of investigation or prohibition notice
   99.     Withdrawal of notices
   100.    Revocation or withdrawal of notice does not prevent issue of another notice
   101.    Service of notices
   102.    Exhibition of notices
   103.    Proceedings for offences not affected by notices
   104.    (Repealed)

   PART 7 - CRIMINAL AND OTHER PROCEEDINGS

           Division 1A - Application of this Part

   104A.   Application of this Part

           Division 1 - Proceedings for offences generally

   105.    Summary procedure for offences
   106.    Authority to prosecute
   107.    Time for instituting proceedings for offences
   107A.   Time for instituting proceedings-special provision for work incident notification
   108.    Penalty notices for certain offences
   109.    Evidentiary statements
   110.    Onus of proof concerning reasonable excuse

           Division 2 - Court orders in connection with offences

   111.    Operation of Division
   112.    Orders generally
   113.    Orders for restoration
   114.    Orders regarding costs and expenses of investigation
   115.    Orders to publicise or notify offence
   116.    Orders to undertake OHS projects
   117.    Offence: failure to comply with order

           Division 3 - Proceedings against the Crown and government agencies

   118.    Act to bind Crown
   119.    Criminal proceedings against the Crown and agents of the Crown
   120.    Responsible agency for the purposes of proceedings against the Crown
   121.    Penalties in respect of proceedings against the Crown
   122.    Investigation, improvement or prohibition notices in connection with the Crown
   123.    Proceedings against successors of government corporations

           Division 4 - Sentencing guidelines

   124.    Definitions
   125.    Guideline judgments on application of Attorney General
   126.    Peak councils may intervene
   127.    Full Bench may give persons or organisations leave to appear
   128.    Alteration of guideline judgments
   129.    Discretion of Full Bench preserved
   130.    Rules of Industrial Relations Commission
   131.    Use of evidence in giving guideline judgments

   PART 8 - MISCELLANEOUS

   132.    Application of associated occupational health and safety legislation
   133.    Application of Act to mining workplaces and coal workplaces-references to WorkCover
   134.    Application of Act to police officers
   135.    Plant affecting public safety-extension of Act
   135A.   Dangerous goods-extension of Act
   136.    Offence of obstructing or intimidating inspectors and others exercising functions under Act
   137.    Disclosure of information by inspectors and others
   137A.   Delegation of certain functions
   138.    Notes
   139.    Repeals
   140.    (Repealed)
   141.    Savings, transitional and other provisions
   142.    Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3