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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
WORKPLACE HEALTH AND
SAFETY BILL 1995
Queensland
WORKPLACE HEALTH AND SAFETY
BILL 1995
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Application and operation of Act
3 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 What does this Act apply to? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Who does this Act apply to? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 3--Overall object of Act
7 Freedom from disease or injury and risk of disease or injury . . . . . . . . . . . . 13
Division 4--Interpretation
Subdivision 1--Dictionary
8 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Subdivision 2--Other important terms
9 What is a "workplace"? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Who is an "employer"? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11 Who is a "worker" and who is not? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Who is a "self-employed person"? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 Who is the "principal contractor"? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 What is a "construction workplace"? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
15 When is plant or a substance not "used properly"? . . . . . . . . . . . . . . . . . . . 18
2
Workplace Health and Safety
PART 2--BASIC CONCEPTS
Division 1--Being at work and performing work
16 When is a worker at work? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
17 When is a self-employed person performing work? . . . . . . . . . . . . . . . . . . . 18
Division 2--Consultation
18 What is consultation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3--Compliance standards, advisory standards, regulations
and the difference between them
19 Compliance standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
20 Advisory standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 4--Ensuring workplace health and safety
22 How should workplace health and safety be ensured? . . . . . . . . . . . . . . . . . 20
PART 3--WORKPLACE HEALTH AND SAFETY
OBLIGATIONS
Division 1--Preliminary
23 Obligations for workplace health and safety . . . . . . . . . . . . . . . . . . . . . . . . . 21
24 Discharge of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
25 Person may owe obligations in more than 1 capacity . . . . . . . . . . . . . . . . . 22
26 How obligations can be discharged if standard made . . . . . . . . . . . . . . . . . . 22
27 How obligations can be discharged if no standard made . . . . . . . . . . . . . . . 23
Division 2--Obligations of employers and others
28 Obligations of employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Obligations of self-employed persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
30 Obligations of persons in control of workplaces . . . . . . . . . . . . . . . . . . . . . . 24
31 Obligations of principal contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
32 Obligations of designers, manufacturers, importers and suppliers
of plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
33 Obligations of erectors and installers of plant or specified high
risk plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Obligations of manufacturers, importers and suppliers of
substances for use at workplaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Obligations of owners of specified high risk plant . . . . . . . . . . . . . . . . . . . . 27
3
Workplace Health and Safety
Division 3--Obligations of workers and other persons
36 Obligations of workers and other persons at a workplace . . . . . . . . . . . . . . . 28
Division 4--Defences
37 Defences for div 2 or 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 4--COMPLIANCE STANDARDS
Division 1--Compliance standards
38 Compliance standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2--Special compliance standards
39 Special compliance standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 5--ADVISORY STANDARDS
40 Purpose of advisory standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
41 Advisory standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 Use of advisory standards in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 6--INDUSTRY CONSULTATIVE ARRANGEMENTS
Division 1--Purposes of part
43 Purposes of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--The council and its functions
44 Workplace health and safety council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
45 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3--Membership and conduct of council proceedings
46 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
47 Times of council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
48 Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
49 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
50 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 4--Provisions about appointed council members
51 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
52 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
53 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
54 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 5--Industry committees
55 Industry committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4
Workplace Health and Safety
56 Functions of industry committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 6--Membership and conduct of industry committee
proceedings
57 Membership of industry committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
58 Times of industry committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
59 Conduct of industry committee proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 39
60 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
61 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 7--Provisions about industry committee members
62 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
63 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
64 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 7--WORKPLACE CONSULTATIVE ARRANGEMENTS
Division 1--Purposes of part
65 Purposes of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2--Definitions for part
66 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 3--Workplace health and safety representatives
Subdivision 1--Preliminary
67 Who is a workplace health and safety representative? . . . . . . . . . . . . . . . . 42
68 How many workplace health and safety representatives can a
workplace have? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
69 Workplace health and safety representative's "area of representation" . . . 42
70 Negotiation between workers and employer about workplace
health and safety representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 2--Election process
71 Electing a workplace health and safety representative . . . . . . . . . . . . . . . . 44
72 Workers to tell employer of intention to elect workplace health
and safety representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
73 Employer to facilitate election of workplace health and safety
representative if asked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
74 Workers may ask union to conduct election of workplace health
and safety representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
75 Employers to be told of elected workplace health and safety
representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
5
Workplace Health and Safety
Subdivision 3--Employer's responsibilities
76 Employer must negotiate with workers if asked . . . . . . . . . . . . . . . . . . . . . . 45
77 Employer to help workplace health and safety representatives . . . . . . . . . . 46
78 Employer to tell workplace health and safety representatives
about certain things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
79 Employer to display identity of workplace health and safety
representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
80 Employer to tell new workers and display notices about
workplace health and safety representatives' provisions . . . . . . . . . . . . . . . 47
Subdivision 4--Entitlements and areas of responsibility
81 Entitlements of workplace health and safety representatives . . . . . . . . . . . 48
Subdivision 5--General
82 Election of a workplace health and safety representative not to
diminish employer's obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
83 Workplace health and safety representatives may be re-elected . . . . . . . . 50
84 Term as workplace health and safety representative . . . . . . . . . . . . . . . . . . 50
85 Ceasing to be a workplace health and safety representative . . . . . . . . . . . . 50
Division 4--Workplace health and safety committees
86 Workplace health and safety committees . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
87 Membership of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
88 Times of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
89 Proceedings at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
90 Functions of workplace health and safety committees . . . . . . . . . . . . . . . . . 52
PART 8--WORKPLACE HEALTH AND SAFETY OFFICERS
Division 1--Purpose of part
91 Purpose of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 2--Definition for part
92 Meaning of "qualified person" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 3--Appointment of workplace health and safety officers
93 Appointment of workplace health and safety officer by employer . . . . . . . 53
94 Appointment of workplace health and safety officer by principal
contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
6
Workplace Health and Safety
Division 4--Identity of workplace health and safety officer to be
displayed
95 Employer and principal contractor to display identity of
workplace health and safety officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 5--Functions of workplace health and safety officers
96 Functions of workplace health and safety officers . . . . . . . . . . . . . . . . . . . . 55
Division 6--Employer's and principal contractor's responsibilities
97 Employer and principal contractor to help workplace health and
safety officer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 7--Appointment of workplace health and safety officer not
to diminish employer's obligations
98 Appointment of workplace health and safety officer not to
diminish employer's obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
PART 9--INSPECTORS
Division 1--Appointment
99 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
100 Limitation of inspector's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
101 Inspector's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
102 Inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
103 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 59
Division 2--Inspectors' general powers
104 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
105 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
106 Warrants to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
107 Warrants--applications made other than in person . . . . . . . . . . . . . . . . . . . 62
108 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
109 Power to seize evidence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
110 Inspector's power to seize dangerous places and things . . . . . . . . . . . . . . . . 65
111 Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
112 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
113 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
114 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
115 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
116 Power to call police officer to help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
7
Workplace Health and Safety
Division 3--Improvement and prohibition notices
117 Improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
118 Prohibition notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
119 Order to secure compliance with notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 4--Other investigative powers
120 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
121 Steps police officer may take for failure to give name and address . . . . . . 71
122 Power to require production of certain documents . . . . . . . . . . . . . . . . . . . . 72
Division 5--Other enforcement matters
123 Destruction of workplace, plant or substance that is a serious risk
to health or safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
124 Analysis of samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
125 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
126 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
127 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
128 Inspector to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
PART 10--BOARDS OF INQUIRY
Division 1--General
129 Minister may establish or re-establish boards of inquiry . . . . . . . . . . . . . . . 76
130 Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
131 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
132 Chief executive to arrange for services of staff and financial
matters for board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
133 Inspector may exercise powers for board's inquiry . . . . . . . . . . . . . . . . . . . . 78
Division 2--Conduct of inquiry
134 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
135 Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
136 Inquiry to be held in public except in special circumstances . . . . . . . . . . . 79
137 Protection of members, legal representatives and witnesses . . . . . . . . . . . . 79
138 Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
139 Procedural fairness and representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
140 Board's powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
141 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
8
Workplace Health and Safety
142 Inspection of documents or other things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
143 Inquiry may continue despite court proceedings unless otherwise
ordered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
144 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
145 Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
146 Report of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
147 Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
PART 11--APPEALS
Division 1--Internal review of decisions
148 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
149 Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
150 Review of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
151 Stay of operation of original decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 2--Appeals
152 Who may appeal? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
153 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
154 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
155 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
156 Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
157 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
PART 12--LEGAL PROCEEDINGS
Division 1--Evidence
158 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
159 Proof of appointments and authority unnecessary . . . . . . . . . . . . . . . . . . . . . 87
160 Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
161 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
162 Expert reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
163 Analyst's certificate or report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 2--Proceedings
164 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
165 Limitation on time for starting proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 91
166 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 91
9
Workplace Health and Safety
167 Executive officers must ensure corporation complies with Act . . . . . . . . . . 92
168 Representation at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
169 Recovery of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
PART 13--OFFENCES
Division 1--Offence provisions
170 Offences against this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 2--Other offences
171 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
172 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . . 94
173 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
174 Steps a police officer may take for obstruction . . . . . . . . . . . . . . . . . . . . . . . 95
175 Employers and principal contractor not to encourage refusal to
answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
176 Impersonating inspectors and others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
PART 14--GENERAL
Division 1--Accredited officers
177 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
178 Functions of accredited officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
179 Accredited officer's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . 97
180 Accredited officer's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
181 Production or display of accredited officer's identity card . . . . . . . . . . . . . . 98
182 Revocation of accredited officer's appointment . . . . . . . . . . . . . . . . . . . . . . 98
Division 2--Miscellaneous
183 Protection from liability--officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
184 Protection from liability--others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
185 Powers of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
186 Exemption of person or thing from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
PART 15--ADMINISTRATION
187 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
PART 16--REGULATIONS
188 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
10
Workplace Health and Safety
PART 17--TRANSITIONAL PROVISIONS AND REPEALS
Division 1--Definitions
189 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 2--Transitional matters
190 Existing regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
191 Codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
192 Existing exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
193 Existing industry workplace health and safety committees and
members of the committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
194 Existing health and safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
195 Existing health and safety representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
196 Existing health and safety committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
197 Existing inspectors and acting inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
198 Existing accredited officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
199 Continuation of improvement, prohibition and seizure notices . . . . . . . . . . 107
200 Existing certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
201 Existing registrations continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
202 Approved methods of work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
203 Existing exemptions under s 110(2)(b) of former Act . . . . . . . . . . . . . . . . . 108
204 Appeals under former Act may be continued . . . . . . . . . . . . . . . . . . . . . . . . 109
205 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 3--Repeals
206 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 110
LIST OF OFFENCES AND PENALTIES
1 Purpose of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
2 List of offences and penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 113
SPECIFIED HIGH RISK PLANT
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 115
DICTIONARY
1995
A BILL
FOR
An Act to promote and protect freedom from disease or injury to
persons caused, and risk of disease or injury to persons created,
by workplaces, workplace activities and certain plant, and for
related purposes
s1 12 s3
Workplace Health and Safety
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Workplace Health and Safety Act 1995. 5
6
Commencement
2. This Act commences on 1 July 1995. 7
Division 2--Application and operation of Act 8
of Act 9
Application
3.(1) This Act does not apply to-- 10
(a) a mine to which the Coal Mining Act 1925 applies; or 11
(b) a mine to which the Mines Regulation Act 1964 applies; or 12
(c) land that is used for the obtaining, mining or conveying of 13
petroleum under the Petroleum Act 1923. 14
(2) This Act does not limit the application of the following Acts-- 15
· Explosives Act 1952 16
· Public Safety Preservation Act 1986 17
· Radioactive Substances Act 1958 18
· Traffic Act 1949 19
· Transport Operations (Marine Safety) Act 1994. 20
s4 13 s7
Workplace Health and Safety
(3) However, a person on whom an obligation is imposed under part 3 1
must discharge the obligation by meeting the standard of health and safety 2
required under this Act even though another Act, other than an Act 3
mentioned in subsection (1), may prescribe a lesser standard to discharge 4
the obligation. 5
binds all persons 6
Act
4. This Act binds all persons, including the State and, so far as the 7
legislative power of the Parliament permits, the Commonwealth and the 8
other States. 9
does this Act apply to? 10
What
5. This Act applies to all workplaces, workplace activities and specified 11
high risk plant. 12
does this Act apply to? 13
Who
6. This Act applies to-- 14
(a) everyone who may affect the health and safety of others because 15
of workplaces, workplace activities or specified high risk plant; 16
and 17
(b) everyone whose health and safety may be affected by workplaces, 18
workplace activities or specified high risk plant. 19
3--Overall object of Act 20
Division
from disease or injury and risk of disease or injury 21
Freedom
7.(1) The overall object of this Act is to ensure freedom from disease or 22
injury to persons caused, and risk of disease or injury to persons created, by 23
workplaces, workplace activities or specified high risk plant ("workplace 24
health and safety"). 25
(2) The object is mainly to be achieved by-- 26
s7 14 s7
Workplace Health and Safety
(a) establishing a workplace health and safety council and industry 1
committees; and 1 2
(b) electing workplace health and safety representatives and 3
establishing workplace health and safety committees; and 2 4
(c) appointing workplace health and safety officers; and 3 5
(d) making workplace health and safety compliance standards; and 4 6
(e) making workplace health and safety advisory standards; and 5 7
(f) promoting community awareness about workplace health and 8
safety; and 9
(g) imposing workplace health and safety obligations on certain 10
persons who may affect the health and safety of others by their 11
acts or omissions; and 6 12
(h) appointing inspectors; and 13
(i) enforcement procedures. 7 14
1 See part 6 (Industry consultative arrangements).
2 See part 7 (Workplace consultative arrangements).
3 See part 8 (Workplace health and safety officers).
4 Workplace health and safety compliance standards are standards made under this
Act that must be complied with. They provide protection from prosecution if
followed.
5 Workplace health and safety advisory standards are standards made under this
Act that provide practical advice about workplace health and safety issues. They
also provide protection from prosecution if followed.
6 See part 3 (Workplace health and safety obligations).
7 See part 9 (Inspectors).
s8 15 s 10
Workplace Health and Safety
4--Interpretation 1
Division
1--Dictionary 2
Subdivision
dictionary 3
Definitions--the
8. The dictionary in schedule 3 defines particular words used in this Act.8 4
2--Other important terms 5
Subdivision
is a "workplace"? 6
What
9.(1) A "workplace" is any place where work is, is to be, or is likely to 7
be, performed by a worker, self-employed person or employer. 8
9
Examples of subsection (1)--
10
1. A construction workplace.
11
2. A vessel used for teaching members of the public to scuba dive.
12
3. A vehicle supplied by an employer for use by a worker in the performance of
13
work.
(2) A place may be a "workplace" even though it does not have to be 14
registered or notified under a regulation. 15
16
Example of subsection (2)--
17
If the construction of a building for which the estimated final price at practical
18
completion is less than the amount prescribed under a regulation, the construction
19
does not have to be notified. Nevertheless, the place where the building is being
20
constructed is a workplace for this Act.
is an "employer"? 21
Who
10.(1) An "employer" is a person who, in the course of the person's 22
business or undertaking, engages someone else to do work, other than 23
under a contract for service, for or at the direction of the person. 24
8 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14.
s 11 16 s 13
Workplace Health and Safety
(2) For this section, a person "engages someone else" to do work even 1
though the person works on a voluntary basis. 2
is a "worker" and who is not? 3
Who
11.(1) A person is a "worker" if the person does work, other than under 4
a contract for service, for or at the direction of an employer. 5
6
Example of subsection (1)--
7
A subcontractor works under a contract for service and is not a worker for this Act.
(2) A person may be a "worker" even though the person is not paid for 8
work done by the person. 9
10
Example of subsection (2)--
11
A person works for a hospital on a voluntary basis and not as a member of a
12
hospital auxiliary. The hospital supplies the person with materials, a workplace and
13
a uniform. The work is performed only in the way the hospital directs and the
14
person's services may be ended by the hospital. The person is a worker.
(3) However, a person is not a "worker" merely because the person 15
does work for an organisation of which the person is a member. 16
17
Example of subsection (3)--
18
A person is a member of a voluntary association (a lifesaving club). The person
19
(the "lifesaver") is rostered to perform lifesaving duties with an employed lifeguard
20
at a beach. The lifesaver is not a worker.
is a "self-employed person"? 21
Who
12. A "self-employed person" is a person who-- 22
(a) performs work for gain or reward; and 23
(b) is not an employer or worker. 24
is the "principal contractor"? 25
Who
13.(1) The "principal contractor" for a construction workplace (other 26
than a construction workplace for domestic premises) is-- 27
(a) the person appointed as principal contractor by the owner of the 28
workplace; or 29
s 14 17 s 14
Workplace Health and Safety
(b) if no principal contractor is appointed--the owner of the 1
workplace. 2
(2) The "principal contractor" for a construction workplace for 3
domestic premises is the person in control of building or demolition work at 4
the workplace. 5
(3) However, the owner of a construction workplace for domestic 6
premises cannot be the principal contractor for the workplace unless the 7
owner is in control of the building work and holds an owner-builder permit 8
for the work. 9
(4) In this section-- 10
"owner", of a construction workplace for domestic premises, means an 11
individual who resides or intends to reside at the premises. 12
"owner-builder permit" has the meaning it has in the Queensland 13
Building Services Authority Act 1991. 14
is a "construction workplace"? 15
What
14.(1) A "construction workplace" is a workplace where building 16
work, civil construction work or demolition work ("construction work") 17
is done. 9 18
(2) A workplace becomes a construction workplace from the beginning 19
of the day when construction work starts at the workplace. 20
(3) A workplace stops being a construction workplace-- 21
(a) when the construction work at the workplace is finished and 22
possession of the workplace is returned to the owner of the 23
workplace; or 24
(b) if the owner remains in possession of the workplace while the 25
work is done--when the construction work at the workplace is 26
finished. 27
(4) In this section-- 28
9 "Building work", "civil construction work" and "demolition work" are terms
defined in the dictionary.
s 15 18 s 17
Workplace Health and Safety
"building work" does not include the construction of a mobile home or 1
prefabricated building-- 2
(a) if the construction is done at the workplace where the home or 3
building is manufactured; and 4
(b) the home or building is intended to be transported to another place 5
outside the workplace. 6
is plant or a substance not "used properly"? 7
When
15. Plant or a substance is not "used properly" if it is used without 8
regard to available appropriate information or advice about its use. 9
PART 2--BASIC CONCEPTS 10
1--Being at work and performing work 11
Division
is a worker at work? 12
When
16. A worker is at work only if the worker is at the worker's workplace 13
or at another workplace at the worker's employer's direction. 14
is a self-employed person performing work? 15
When
17.(1) A self-employed person performs work only during the time the 16
person devotes to work as a self-employed person. 17
(2) However, a self-employed person does not stop devoting time to 18
work merely because the person interrupts the performance of work for a 19
short time. 20
21
Examples--
22
1. A self-employed professional wood turner leaves the lathe to take a tea break.
23
The tea break is part of the time devoted to the work.
24
2. A computer consultant who works from home stops working to take a lunch
25
break. The lunch break is part of the time devoted to work.
s 18 19 s 19
Workplace Health and Safety
Division 2--Consultation 1
is consultation? 2
What
18.(1) Consultation is about fostering cooperation and developing 3
partnerships between government, employers and workers to ensure 4
workplace health and safety. 5
(2) Consultation is an important strategy in achieving workplace health 6
and safety and happens in 2 ways-- 7
(a) at an industry level through establishing workplace health and 8
safety council and industry committees under part 6; and 9
(b) at the workplace level through the election by workers of 10
workplace health and safety representatives and establishing 11
workplace health and safety committees under part 7. 12
Division 3--Compliance standards, advisory standards, regulations and 13
the difference between them 14
standards 15
Compliance
19.(1) Compliance standards are standards made by the Governor in 16
Council for workplace health and safety. 17
(2) Compliance standards prohibit, or prescribe ways to prevent or 18
minimise, exposure to risk.10 19
20
Examples of subsection (2)--
21
1. A compliance standard for noise may state a level of noise exposure that must
22
not be exceeded. The standard may be silent on the way the required outcome is to
23
be achieved or it may require that the outcome be achieved by taking stated action.
24
2. A compliance standard about asbestos may state things that must or must not be
25
done when working with asbestos.
10 For the use of compliance standards in the discharge of workplace health and
safety obligations, see section 26.
For the use of compliance standards as defences, see section 37.
s 20 20 s 22
Workplace Health and Safety
standards 1
Advisory
20.(1) Advisory standards are standards made by the Minister that give 2
practical advice on ways to be used to identify and manage exposure to risk 3
for workplace health and safety. 4
5
Example of subsection (1)--
6
An advisory standard about noise exposure may provide advice on identifying
7
sources and levels of noise, assessing actual or potential exposure to noise and
8
eliminating or minimising noise exposure as a risk to health at the workplace.
(2) However, a person may adopt another way, more suited to the 9
person's undertaking, for identifying and managing exposure to risk for 10
workplace health and safety.11 11
12
Example of subsection (2)--
13
An advisory standard is made about the exposure to risks to health and safety from
14
the use of machinery and equipment at work. The standard states ways to eliminate
15
vibration risks that cause back injury. The employer is unable to implement these
16
ways for a particular item of machinery. However, the employer takes reasonable
17
precautions and exercises proper diligence to prevent back injury by implementing
18
other ways of isolating a worker from the vibration. The employer therefore meets
19
the employer's obligation for workplace health and safety so far as it relates to
20
exposure to risk of back injury for the worker.
21
Regulations
21. Regulations are made by the Governor in Council and deal with, 22
among other things, registration of workplaces and plant, the issue of 23
certificates to operate certain industrial equipment and other matters of an 24
administrative nature. 25
Division 4--Ensuring workplace health and safety 26
should workplace health and safety be ensured? 27
How
22. Workplace health and safety should be ensured by-- 28
11 For the use of advisory standards in the discharge of workplace health and safety
obligations, see section 26.
For the use of advisory standards as defences, see section 37.
s 23 21 s 23
Workplace Health and Safety
(a) identifying hazards; and 1
(b) assessing risks that may result because of the hazards; and 2
(c) deciding on control measures to prevent, or minimise the level of, 3
the risks; and 4
(d) implementing control measures; and 5
(e) monitoring and reviewing the effectiveness of the measures. 6
PART 3--WORKPLACE HEALTH AND SAFETY 7
OBLIGATIONS 8
Division 1--Preliminary 9
for workplace health and safety 10
Obligations
23.(1) The following persons have obligations under division 2 for 11
workplace health and safety-- 12
· employers 13
· self-employed persons 14
· persons in control of workplaces 15
· principal contractors 16
· designers, manufacturers, importers and suppliers of plant 17
· erectors and installers of certain plant 18
· manufacturers, importers and suppliers of substances 19
· owners of specified high risk plant. 20
(2) Workers and other persons at workplaces have obligations under 21
division 3 for workplace health and safety. 22
s 24 22 s 26
Workplace Health and Safety
of obligations 1
Discharge
24.(1) A person on whom a workplace health and safety obligation is 2
imposed must discharge the obligation. 3
Maximum penalty--400 penalty units or 6 months imprisonment. 4
(2) Subsection (1) applies despite Criminal Code, sections 23 and 24.12 5
may owe obligations in more than 1 capacity 6
Person
25. A person on whom a workplace health and safety obligation is 7
imposed may be subject to more than 1 workplace health and safety 8
obligation. 9
10
Example--
11
A person may be an employer, principal contractor and supplier of plant at the
12
same time for a single workplace and be subject to obligations in each of the
13
capacities.
obligations can be discharged if standard made 14
How
26.(1) If a compliance standard prescribes a way of preventing or 15
minimising exposure to a risk, a person may discharge the person's 16
workplace health and safety obligation for exposure to the risk only by 17
following the prescribed way. 18
(2) If a compliance standard prohibits exposure to a risk, a person may 19
discharge the person's workplace health and safety obligation for exposure 20
to the risk only by ensuring the prohibition is not contravened. 21
(3) If an advisory standard states a way or ways of identifying and 22
managing exposure to a risk, a person discharges the person's workplace 23
health and safety obligation only by-- 24
(a) adopting and following a stated way that identifies and manages 25
exposure to the risk; or 26
12 Section 23 of the Code deals with a person's criminal responsibility for an act or
omission that happens independently of the person's will or for an event which is
accidental. Section 24 of the Code deals with a person's criminal responsibility
for an act or omission done under an honest and reasonable, but mistaken, belief
in the state of things.
s 27 23 s 29
Workplace Health and Safety
(b) adopting and following another way that identifies and manages 1
exposure to the risk.13 2
obligations can be discharged if no standard made 3
How
27.(1) This section applies if there is not a compliance standard 4
prescribing a way to prevent or minimise exposure to a risk, or an advisory 5
standard prescribing a way to identify and manage the risk. 6
(2) The person may choose any appropriate way to discharge the 7
person's workplace health and safety obligation for exposure to the risk. 8
(3) However, the person discharges the workplace health and safety 9
obligation for exposure to the risk only if the person takes reasonable 10
precautions, and exercises proper diligence, to ensure the obligation is 11
discharged. 12
2--Obligations of employers and others 13
Division
of employers 14
Obligations
28.(1) An employer has an obligation to ensure the workplace health and 15
safety of each of the employer's workers at work. 16
(2) Also, an employer has an obligation to ensure his or her own 17
workplace health and safety and the workplace health and safety of others is 18
not affected by the way the employer conducts the employer's undertaking. 19
of self-employed persons 20
Obligations
29. A self-employed person has an obligation to ensure his or her own 21
workplace health and safety and the workplace health and safety of others is 22
not affected by the way the person conducts the person's undertaking. 23
13 For this section and the following section, see the defences provided under
division 4.
s 30 24 s 31
Workplace Health and Safety
of persons in control of workplaces 1
Obligations
30.(1) A person in control of a workplace has the following 2
obligations-- 3
(a) to ensure the risk of disease or injury from a workplace is 4
minimised for persons coming onto the workplace to work; 5
(b) to ensure the risk of disease or injury from any plant or substance 6
provided by the person for the performance of work by someone 7
other than the person's workers is minimised when used 8
properly; 9
(c) to ensure there is appropriate, safe access to and from the 10
workplace for persons other than the person's workers. 11
(2) For this section-- 12
"person in control" of a workplace does not include the occupier of 13
domestic premises. 14
of principal contractors 15
Obligations
31.(1) A principal contractor has the following obligations for a 16
construction workplace-- 17
(a) to ensure the orderly conduct of all work at the construction 18
workplace to the extent necessary-- 19
(i) to ensure workplace health and safety at the workplace; and 20
(ii) to assist the discharge of workplace health and safety 21
obligations of an employer or self-employed person; 22
(b) to ensure that plant and substances at the workplace for which no 23
other person is presently responsible are safe and without risk of 24
disease or injury to persons at the workplace; 25
(c) to ensure that workplace activities at the workplace are safe and 26
without risk of disease or injury to members of the public at or 27
near the workplace; 28
(d) to provide safeguards and take safety measures prescribed under a 29
compliance standard made for principal contractors. 30
s 32 25 s 32
Workplace Health and Safety
(2) In addition, the principal contractor has the obligation mentioned in 1
subsection (3) if the principal contractor reasonably believes, or should 2
reasonably believe-- 3
(a) an employer at the workplace is not discharging the employer's 4
workplace health and safety obligation; or 5
(b) a self-employed person at the workplace is not discharging the 6
person's workplace health and safety obligation. 7
(3) The principal contractor must-- 8
(a) direct the employer or self-employed person to comply with the 9
employer's or self-employed person's workplace health and 10
safety obligation; and 11
(b) if the employer or self-employed person fails to comply with the 12
direction--direct the employer or self-employed person to stop 13
work until the employer or self-employed person agrees to 14
comply with the obligation. 15
(4) For subsection (1)(b), no other person is presently responsible for 16
plant or a substance if the plant or substance has been provided for the 17
general use of persons at the construction workplace. 18
of designers, manufacturers, importers and suppliers of 19
Obligations
plant 20
32.(1) A designer or importer of plant or specified high risk plant for use 21
at a relevant place14 has an obligation to ensure the plant is designed to be 22
safe and without risk to health when used properly. 23
(2) A manufacturer or importer of plant or specified high risk plant for 24
use at a relevant place has an obligation to ensure that the plant is 25
constructed to be safe and without risk to health when used properly. 26
(3) A designer, manufacturer or importer of plant or specified high risk 27
plant for use at a relevant place has an obligation to ensure that the plant 28
undergoes appropriate levels of testing and examination to ensure 29
compliance with the obligations imposed by subsections (1) and (2). 30
14 "Relevant place" is a term defined in the dictionary.
s 33 26 s 34
Workplace Health and Safety
(4) Also, a designer, manufacturer, importer or supplier of plant or 1
specified high risk plant for use at a relevant place has the following 2
obligations-- 3
(a) to take all reasonable steps to ensure appropriate information 4
about the safe use of the plant is available; 5
(b) to take the action the chief executive15 reasonably requires to 6
prevent the use of unsafe plant anywhere.16 7
8
Example of subsection (4)(b)--
9
The chief executive may require a designer, manufacturer, importer or supplier of
10
plant to recall the plant to prevent its use.
(5) For subsection (4)(a), information is "appropriate" if the 11
information states-- 12
(a) the use for which the plant has been designed and tested; and 13
(b) the conditions (if any) that must be followed if the plant is to be 14
used safely and without risk to health. 15
of erectors and installers of plant or specified high risk 16
Obligations
plant 17
33. An erector or installer of plant or specified high risk plant at a relevant 18
place has an obligation-- 19
(a) to erect or install the plant in a way that is safe and without risk to 20
health; and 21
(b) to ensure that nothing about the way the plant was erected or 22
installed makes it unsafe and a risk to health when used properly. 23
of manufacturers, importers and suppliers of substances 24
Obligations
for use at workplaces 25
34.(1) A manufacturer or importer of a substance for use at a workplace 26
has the following obligations-- 27
15 "Chief executive" is a term defined under the Acts Interpretation Act 1954--see
sections 33 and 36 of that Act.
16 For the chief executive's power to make the requirement, see section 185.
s 35 27 s 35
Workplace Health and Safety
(a) to ensure the substance is safe, and without risk to health, when 1
used properly; 2
(b) to ensure the substance undergoes appropriate levels of testing 3
and examination to comply with the obligation imposed by 4
paragraph (a). 5
(2) Also, a manufacturer, importer or supplier of a substance for use at a 6
workplace has the following obligations-- 7
(a) to ensure that appropriate information about the safe use of the 8
substance is available; 9
(b) to take the action the chief executive reasonably requires to 10
prevent the use of an unsafe substance at a workplace. 11
12
Example of subsection (2)(b)--
13
The chief executive may require a manufacturer, importer or supplier of a
14
substance to recall the substance to prevent its use.
(3) For subsection (2)(a), information is "appropriate" if the 15
information clearly identifies the substance and states-- 16
(a) the precautions (if any) to be taken for the safe use of the 17
substance; and 18
(b) the health hazards (if any) associated with the substance; and 19
(c) the results of any tests carried out for the substance that are 20
relevant to its safe use. 21
of owners of specified high risk plant 22
Obligations
35. An owner of specified high risk plant17 has an obligation to ensure 23
that the owner's plant is maintained in a condition that ensures the plant is 24
safe, and without risk to health, when used properly. 25
17 "Specified high risk plant" is listed in schedule 2. Generally, it is plant that may
impact on the health and safety of the general public. It includes amusement
devices and escalators.
s 36 28 s 37
Workplace Health and Safety
Division 3--Obligations of workers and other persons 1
of workers and other persons at a workplace 2
Obligations
36. A worker or anyone else at a workplace has the following obligations 3
at a workplace-- 4
(a) to comply with the instructions given for workplace health and 5
safety at the workplace by the employer at the workplace and, if 6
the workplace is a construction workplace, the principal contractor 7
for workplace health and safety at the workplace; 8
(b) for a worker--to use personal protective equipment if the 9
equipment is provided by the worker's employer and the worker 10
is properly instructed in its use; 11
(c) not to wilfully or recklessly interfere with or misuse anything 12
provided for workplace health and safety at the workplace; 13
(d) not to wilfully place at risk the workplace health and safety of any 14
person at the workplace; 15
(e) not to wilfully injure himself or herself. 16
4--Defences 17
Division
for div 2 or 3 18
Defences
37.(1) It is a defence in a proceeding against a person for a contravention 19
of an obligation imposed on the person under division 218 or 3 19 for the 20
person to prove-- 21
(a) if a compliance standard has been made about the way to prevent 22
or minimise exposure to a risk--that the person followed the way 23
prescribed in the standard; or 24
(b) if an advisory standard has been made stating a way or ways to 25
identify and manage exposure to a risk-- 26
18 Division 2 (Obligations of employers and others)
19 Division 3 (Obligations of workers and other persons)
s 38 29 s 38
Workplace Health and Safety
(i) that the person adopted and followed a stated way to prevent 1
the contravention; or 2
(ii) that the person adopted and followed another way that 3
identified and managed exposure to the risk and took 4
reasonable precautions and exercised proper diligence to 5
prevent the contravention; or 6
(c) if no compliance or advisory standard has been made about 7
exposure to a risk--that the person chose any appropriate way 8
and took reasonable precautions and exercised proper diligence to 9
prevent the contravention. 10
(2) Also, it is a defence in a proceeding against a person for an offence 11
against division 2 or 3 for the person to prove that the commission of the 12
offence was due to causes over which the person had no control. 13
(3) In this section, a reference to a standard is a reference to a standard in 14
force at the time of the contravention. 15
PART 4--COMPLIANCE STANDARDS 16
1--Compliance standards 17
Division
standards 18
Compliance
38.(1) The Governor in Council may make a compliance standard for 19
workplace health and safety to prohibit, or prescribe a way to prevent or 20
minimise, exposure to risk from workplaces, workplace activities or 21
specified high risk plant. 22
(2) A compliance standard is subordinate legislation. 23
s 39 30 s 39
Workplace Health and Safety
Division 2--Special compliance standards 1
compliance standards 2
Special
39.(1) This section applies if the Minister considers that-- 3
(a) a situation has arisen or is likely to arise at or near a workplace 4
because of work or a workplace activity; and 5
(b) because of the situation, there is, or is likely to be, a risk of 6
serious bodily injury20 to persons, or serious risk to health and 7
safety of the public. 8
(2) The Minister may make a special compliance standard about the 9
situation. 10
(3) Without limiting subsection (2), the special compliance standard may 11
prescribe methods of work or other things to prevent or minimise the risk 12
from the situation. 13
(4) A special compliance standard expires-- 14
(a) 1 year from the day it is notified in the Gazette; or 15
(b) on an earlier day stated in the standard. 16
(5) However, a regulation may extend the operation of the standard for a 17
further period of not more than 1 year. 18
(6) If a special compliance standard is inconsistent with a compliance 19
standard, advisory standard or regulation, the special compliance standard 20
prevails to the extent of the inconsistency. 21
(7) A special compliance standard is subordinate legislation. 22
20 "Serious bodily injury" is a term defined in the dictionary.
s 40 31 s 42
Workplace Health and Safety
ART 5--ADVISORY STANDARDS 1
P
of advisory standards 2
Purpose
40. An advisory standard may be made for workplace health and safety 3
stating ways to identify and manage exposure to risk from workplaces, 4
workplace activities or specified high risk plant. 5
standards 6
Advisory
41.(1) The Minister may make advisory standards. 7
(2) The Minister must notify the making of an advisory standard. 8
(3) The Minister must ensure that a copy of each advisory standard and 9
any document applied, adopted or incorporated by the standard is made 10
available for inspection, without charge, during normal business hours at 11
each department office dealing with workplace health and safety. 12
(4) A notice mentioned in subsection (2) is subordinate legislation. 13
of advisory standards in proceedings 14
Use
42. An advisory standard is admissible in evidence in a proceeding under 15
this Act if-- 16
(a) the proceeding relates to a contravention of an obligation imposed 17
on a person under part 3; and 18
(b) it is claimed the person contravened the obligation by failing to 19
identify and manage exposure to a risk; and 20
(c) the advisory standard is about identifying and managing the 21
exposure to the risk. 22
s 43 32 s 45
Workplace Health and Safety
ART 6--INDUSTRY CONSULTATIVE 1
P
ARRANGEMENTS 2
1--Purposes of part 3
Division
of part 4
Purposes
43. The purposes of this part are-- 5
(a) to establish the workplace health and safety council; and 6
(b) to provide for the establishment of industry committees. 7
2--The council and its functions 8
Division
health and safety council 9
Workplace
44. The Workplace Health And Safety Council (the "council") is 10
established. 11
of council 12
Functions
45.(1) The primary function of the council is to give advice and make 13
recommendations to the Minister about promoting and protecting workplace 14
health and safety. 15
(2) When making a recommendation to the Minister, the council must 16
have regard to-- 17
(a) the estimated cost to government and industry of implementing 18
the recommendation; and 19
(b) the benefits to workplace health and safety that might reasonably 20
be expected to flow from implementing the recommendation. 21
(3) Without limiting subsection (1), the council may seek to discharge its 22
primary function by-- 23
(a) reviewing the appropriateness of provisions of this Act; and 24
s 46 33 s 46
Workplace Health and Safety
(b) examining the appropriateness of standards, including draft 1
standards; and 2
(c) examining recommendations from industry committees; and 3
(d) referring issues to appropriate industry committees for 4
examination and report; and 5
(e) examining proposals for research into issues about workplace 6
health and safety; and 7
(f) reviewing the types and number of industry committees and the 8
membership of the committees; and 9
(g) examining proposals put forward by educational authorities and 10
entities for courses about workplace health and safety to be 11
integrated into educational programs; and 12
(h) promoting community knowledge of, and awareness about, 13
workplace health and safety; and 14
(i) reviewing or examining another issue referred to it by the 15
Minister. 16
3--Membership and conduct of council proceedings 17
Division
of council 18
Membership
46.(1) The council consists of the following 14 members-- 19
(a) the chief executive, who is the chairperson; 20
(b) 2 other members representing government; 21
(c) 4 members representing employers; 22
(d) 4 members representing workers; 23
(e) 3 members each of whom is an expert in workplace health and 24
safety or a representative of community interests. 25
(2) The members, other than the chairperson, are to be appointed by the 26
Minister. 27
(3) The Minister must seek to appoint both men and women members to 28
the council. 29
s 47 34 s 48
Workplace Health and Safety
of council meetings 1
Times
47.(1) The council may hold its meetings when it decides. 2
(2) However, the council must meet at least 4 times a year. 3
(3) The chairperson of the council-- 4
(a) may call a meeting of the council at any time; and 5
(b) must call a meeting if asked by at least a quarter of the other 6
members. 7
(4) Also, the Minister may call a meeting of the council at any time. 8
of proceedings 9
Conduct
48.(1) The chairperson of the council presides at all council meetings at 10
which the chairperson is present. 11
(2) If the chairperson is absent, the member chosen by the members 12
present is to preside. 13
(3) At a meeting of the council-- 14
(a) a quorum is at least 7 members and must include members 15
representing government, employers and workers; and 16
(b) a question is decided by a majority of the votes of the members 17
present and voting; and 18
(c) each member present has a vote on each question to be decided 19
and, if the votes are equal, the member presiding has a casting 20
vote. 21
(4) The council may otherwise conduct its proceedings (including its 22
meetings) as it considers appropriate. 23
(5) The council may hold meetings, or permit members to take part in 24
meetings, by telephone, closed-circuit television or another form of 25
communication. 26
(6) A member who takes part in a council meeting under a permission 27
under subsection (5) is taken to be present at the meeting. 28
(7) A resolution is a valid resolution of the council, even though it is not 29
passed at a council meeting, if-- 30
s 49 35 s 51
Workplace Health and Safety
(a) at least half the members give written agreement to the resolution; 1
and 2
(b) notice of the resolution is given under procedures approved by the 3
council. 4
of interests 5
Disclosure
49.(1) If a member reasonably believes, or should reasonably believe, 6
that an issue being considered or about to be considered by the council may 7
give the member, or an entity associated with the member, a possible 8
professional or commercial advantage, the member must disclose the 9
possible advantage to the council. 10
(2) The disclosure must be recorded in the council's minutes and, unless 11
the council otherwise directs, the member must not be present when the 12
council considers the issue, or take part in a decision of the council on the 13
issue. 14
(3) If, because of this section, a member is not present at a meeting of the 15
council for the deliberation of the council about an issue, but there would be 16
a quorum if the member were present, the remaining members present are a 17
quorum for the council's deliberation or decision about the issue at the 18
meeting. 19
(4) For this section, an entity is "associated with" a member if the 20
member is an employee or member of, or an adviser to, the entity. 21
inutes 22
M
50. The council must keep minutes of its proceedings. 23
4--Provisions about appointed council members 24
Division
of division 25
Application
51. This division applies to a council member other than the chief 26
executive. 27
s 52 36 s 54
Workplace Health and Safety
of appointment 1
Duration
52.(1) The appointment of a member is for the term (not longer than 2
3 years) decided by the Minister. 3
(2) The office of a member becomes vacant if-- 4
(a) the member resigns by signed notice of resignation given to the 5
Minister; or 6
(b) the member is found guilty of an indictable offence or an offence 7
against this Act; or 8
(c) the member is absent, without the Minister's leave and without 9
reasonable excuse, from 3 consecutive ordinary meetings of the 10
council; or 11
(d) the member's appointment is ended by the Minister under 12
subsection (3). 13
(3) The Minister may, at any time, end the appointment of a member for 14
any reason or none. 15
of absence 16
Leave
53.(1) The Minister may approve a leave of absence for a member. 17
(2) If a leave of absence is approved, the Minister may appoint someone 18
else as an acting member during the member's approved leave of absence. 19
(3) The Minister must have regard to the council's membership 20
requirements under section 46 when appointing someone as an acting 21
member. 22
of appointment 23
Conditions
54.(1) A member is appointed on a part-time basis. 24
(2) A member is entitled to be paid the remuneration and allowances 25
fixed by the Minister. 26
s 55 37 s 56
Workplace Health and Safety
5--Industry committees 1
Division
committees 2
Industry
55. For this Act, the Minister may establish and maintain industry 3
committees. 4
of industry committees 5
Functions
56.(1) The primary function of an industry committee is to give advice 6
and make recommendations to the Minister or the council about promoting 7
and protecting workplace health and safety in the industry or industries for 8
which the committee is established (the "relevant industry"). 9
(2) When making a recommendation to the Minister or council, the 10
industry committee must have regard to-- 11
(a) the estimated cost to government and industry of implementing 12
the recommendation; and 13
(b) the benefits to workplace health and safety that might reasonably 14
be expected to flow from implementing the recommendation. 15
(3) Without limiting subsection (1), the industry committee may seek to 16
discharge its primary function by-- 17
(a) consulting widely in the relevant industry, and finding out the 18
views of employers and workers on workplace health and safety 19
issues in the industry; and 20
(b) considering those views, and making recommendations to the 21
Minister or council about workplace health and safety in the 22
industry; and 23
(c) participating in initiatives to improve workplace health and safety 24
in the industry; and 25
(d) reviewing and making recommendations to the Minister or the 26
council about workplace health and safety legislation; and 27
(e) examining all issues about workplace health and safety for the 28
industry and making recommendations to the Minister or council; 29
and 30
s 57 38 s 58
Workplace Health and Safety
(f) examining, investigating and reporting on any workplace health 1
and safety issue referred to it by the Minister or council. 2
6--Membership and conduct of industry committee 3
Division
proceedings 4
of industry committee 5
Membership
57.(1) An industry committee consists of the following members-- 6
(a) the chairperson; 7
(b) 1 member representing the department; 8
(c) 4 members representing employers in the industry for which the 9
committee is established; 10
(d) 4 members representing workers in the industry for which the 11
committee is established; 12
(e) 2 members who are experts in workplace health and safety; 13
(f) the number of other members decided by the Minister. 14
(2) The chairperson must not be the member representing the department 15
or a departmental officer. 16
(3) An expert member must not be a departmental officer. 17
(4) The Minister must seek to appoint both men and women members to 18
the industry committee. 19
of industry committee meetings 20
Times
58.(1) An industry committee may hold its meetings when it decides. 21
(2) However, the committee must meet at least 4 times a year. 22
(3) The chairperson of the committee-- 23
(a) may call a meeting of the committee at any time; and 24
(b) must call a meeting if asked by at least a quarter of the other 25
members. 26
(4) Also, the Minister may call a meeting of the committee at any time. 27
s 59 39 s 60
Workplace Health and Safety
of industry committee proceedings 1
Conduct
59.(1) The chairperson of an industry committee presides at all meetings 2
of the committee at which the chairperson is present. 3
(2) If the chairperson is absent, the member chosen by the members 4
present is to preside. 5
(3) At a meeting of the committee-- 6
(a) a quorum is at least half the members appointed and must include 7
members representing the department, employers and workers; 8
and 9
(b) a question is decided by a majority of the votes of the members 10
present and voting; and 11
(c) each member present has a vote on each question to be decided 12
and, if the votes are equal, the member presiding has a casting 13
vote. 14
(4) An industry committee may otherwise conduct its proceedings 15
(including its meetings) as it considers appropriate. 16
(5) An industry committee may hold meetings, or permit members to 17
take part in meetings, by telephone, closed-circuit television or another form 18
of communication. 19
(6) A member who takes part in an industry committee meeting under a 20
permission under subsection (5) is taken to be present at the meeting. 21
(7) A resolution is a valid resolution of an industry committee, even 22
though it is not passed at an industry committee meeting, if-- 23
(a) at least half the members give written agreement to the resolution; 24
and 25
(b) notice of the resolution is given under procedures approved by the 26
industry committee. 27
of interests 28
Disclosure
60.(1) If a member reasonably believes, or should reasonably believe, 29
that an issue being considered or about to be considered by the industry 30
committee may give the member, or an entity associated with the member, 31
a possible professional or commercial advantage, the member must disclose 32
s 61 40 s 62
Workplace Health and Safety
the possible advantage to the committee. 1
(2) The disclosure must be recorded in the industry committee's minutes 2
and, unless the committee otherwise directs, the member must not be 3
present when the committee considers the issue, or take part in a decision of 4
the committee on the issue. 5
(3) If, because of this section, a member is not present at a meeting of the 6
industry committee for the deliberation of the committee about an issue, but 7
there would be a quorum if the member were present, the remaining 8
members present are a quorum for the committee's deliberation or decision 9
about the issue at the meeting. 10
(4) For this section, an entity is "associated with" a member if the 11
member is an employee or member of, or an adviser to, the entity. 12
inutes 13
M
61. An industry committee must keep minutes of its proceedings. 14
Division 7--Provisions about industry committee members 15
of appointment 16
Duration
62.(1) The appointment of a member is for the term (not longer than 17
3 years) decided by the Minister. 18
(2) The office of a member becomes vacant if-- 19
(a) the member resigns by signed notice of resignation given to the 20
Minister; or 21
(b) the member is found guilty of an indictable offence or an offence 22
against this Act; or 23
(c) the member is absent, without the Minister's leave and without 24
reasonable excuse, from 3 consecutive ordinary meetings of the 25
committee; or 26
(d) the member's appointment is ended by the Minister under 27
subsection (3). 28
s 63 41 s 65
Workplace Health and Safety
(3) The Minister may, at any time, end the appointment of a member for 1
any reason or none. 2
of absence 3
Leave
63.(1) The Minister may approve a leave of absence for a member. 4
(2) If a leave of absence is approved, the Minister may appoint someone 5
else as an acting member during the member's approved leave of absence. 6
(3) The Minister must have regard to the committee's membership 7
requirements under section 57 when appointing someone as an acting 8
member. 9
of appointment 10
Conditions
64.(1) A member is appointed on a part-time basis. 11
(2) A member is entitled to be paid the remuneration and allowances 12
fixed by the Minister. 13
PART 7--WORKPLACE CONSULTATIVE 14
ARRANGEMENTS 15
1--Purposes of part 16
Division
of part 17
Purposes
65. The purposes of this part are to provide-- 18
(a) for the election and entitlements of workplace health and safety 19
representatives; and 20
(b) the establishment of workplace health and safety committees; and 21
(c) a process under which employers, principal contractors and 22
workers identify and resolve issues affecting or that may affect 23
the workplace health and safety of persons at workplaces. 24
s 66 42 s 69
Workplace Health and Safety
Division 2--Definitions for part 1
for part 2
Definitions
66. In this part-- 3
"co-workers" are workers who work at the same workplace for the same 4
employer. 5
"union" means an association of employees registered, or taken to be 6
registered, as an industrial organisation under the Industrial Relations 7
Act 1990. 8
Division 3--Workplace health and safety representatives 9
1--Preliminary 10
Subdivision
is a workplace health and safety representative? 11
Who
67.(1) A "workplace health and safety representative" is a worker at 12
a workplace who is elected as a workplace health and safety representative 13
by the worker's co-workers at the workplace. 14
(2) An employer cannot appoint a workplace health and safety 15
representative. 16
(3) A worker does not need any experience or qualification to be a 17
workplace health and safety representative. 18
many workplace health and safety representatives can a 19
How
workplace have? 20
68. The workers at a workplace are entitled to elect 1 workplace health 21
and safety representative for the workplace, but may, as a result of 22
negotiations with their employer, elect more than 1 representative. 23
health and safety representative's "area of representation" 24
Workplace
69.(1) A workplace health and safety representative's "area of 25
s 70 43 s 70
Workplace Health and Safety
representation" is-- 1
(a) the workplace; or 2
(b) if a workplace has more than 1 representative--the area of 3
representation negotiated with the representative's employer under 4
section 70. 5
(2) A workplace health and safety representative may exercise an 6
entitlement under this part only for the workplace or the part of the 7
workplace within the representative's area of representation. 8
between workers and employer about workplace health 9
Negotiation
and safety representatives 10
70.(1) Workers at a workplace may negotiate with their employer about 11
workplace health and safety representatives for the workplace, including, for 12
example-- 13
(a) the number of workplace health and safety representatives for the 14
workplace; and 15
(b) the extent to which the employer will facilitate the election of 1 or 16
more workplace health and safety representatives for the 17
workplace; and 18
(c) if there is to be more than 1 workplace health and safety 19
representative--each representative's area of representation; and 20
(d) the intervals at which a workplace health and safety representative 21
is entitled to conduct inspections; and21 22
(e) access by the representative to training designed to help the 23
representative in the exercise of the representative's entitlements. 24
25
Examples of subsection (1)(c)--
26
1. All of the workplace during a particular time.
27
2. A particular area of the workplace.
28
3. A particular process done at the workplace.
21 A workplace health and safety representative is entitled under section 81 to
make inspections at least weekly.
s 71 44 s 73
Workplace Health and Safety
(2) Workers may be represented during negotiations by the union of 1
which they are members if they have told the employer that they want to be 2
represented by their union. 3
(3) To remove any doubt, if the workers are members of more than 4
1 union, each of the unions asked may be involved in the negotiations. 5
2--Election process 6
Subdivision
a workplace health and safety representative 7
Electing
71. The workers may elect a workplace health and safety representative 8
on their own initiative or at their employer's suggestion. 9
to tell employer of intention to elect workplace health and 10
Workers
safety representative 11
72. If the workers decide to elect a workplace health and safety 12
representative for the workplace, the workers-- 13
(a) must tell their employer of the decision; and 14
(b) may tell a union that has members who are workers at the 15
workplace of the decision. 16
to facilitate election of workplace health and safety 17
Employer
representative if asked 18
73.(1) An employer must, if asked by the employer's workers, facilitate 19
an election of a workplace health and safety representative for the 20
workplace. 21
(2) The employer must tell all the employer's workers at the workplace 22
of the pending election within 28 days after being asked to facilitate it. 23
(3) The employer must facilitate the election within 2 months after being 24
asked to do so. 25
Maximum penalty--10 penalty units. 26
(4) The employer complies with the requirement to facilitate an election 27
if, at the least, the employer-- 28
s 74 45 s 76
Workplace Health and Safety
(a) does not hamper the election process; and 1
(b) allows the employer's workers to conduct the election at the 2
workplace during ordinary working hours. 3
may ask union to conduct election of workplace health and 4
Workers
safety representative 5
74.(1) The workers may ask any union with members at the workplace 6
to conduct the election of 1 or more workplace health and safety 7
representatives for the workplace. 8
(2) However, if a union agrees to conduct the election, it must conduct it 9
for all workers at the workplace. 10
to be told of elected workplace health and safety 11
Employers
representatives 12
75. A worker elected as a workplace health and safety representative 13
must tell the worker's employer of the person's election as soon as 14
practicable after being elected. 15
Subdivision 3--Employer's responsibilities 16
must negotiate with workers if asked 17
Employer
76.(1) An employer must, if asked by the employer's workers, negotiate 18
with the workers about workplace health and safety representatives for the 19
workplace.22 20
Maximum penalty--10 penalty units. 21
(2) An employer must not exclude from the negotiations a union that has 22
members who are workers at the workplace if the workers have told the 23
employer that they want to be represented by the union. 24
22 Examples of some matters for negotiation may be found at section 70.
s 77 46 s 78
Workplace Health and Safety
to help workplace health and safety representatives 1
Employer
77.(1) An employer must consult a workplace health and safety 2
representative about proposed changes to the workplace, or plant or 3
substances used at the workplace, that affect, or may affect, the workplace 4
health and safety of persons at the workplace. 5
Maximum penalty--10 penalty units. 6
(2) An employer must permit a workplace health and safety 7
representative to make inspections allowed under section 81(2) or any 8
negotiated agreement. 9
Maximum penalty--10 penalty units. 10
(3) An employer must not hinder or obstruct access by a workplace 11
health and safety representative to training for the representative agreed 12
under section 70(1)(e). 13
Maximum penalty--10 penalty units. 14
to tell workplace health and safety representatives about 15
Employer
certain things 16
78.(1) An employer must tell each workplace health and safety 17
representative at the employer's workplace about the following things if 18
they are within the representative's area of representation-- 19
(a) any work injury, work caused illness or dangerous event 20
happening at the workplace; 21
(b) any proposed changes to the workplace, or plant or substances 22
used at the workplace, that affect, or may affect, the workplace 23
health and safety of persons at the workplace; 24
(c) the presence of an inspector at the workplace if the representative 25
is at the workplace; 26
(d) a notice given by an inspector about a matter. 27
(2) The employer must tell each representative as soon as practicable after 28
the thing comes to the employer's knowledge. 29
s 79 47 s 80
Workplace Health and Safety
to display identity of workplace health and safety 1
Employer
representatives 2
79.(1) An employer must display a notice advising the identity of each 3
workplace health and safety representative for the workplace. 4
(2) The notice must be displayed within 5 days after the representative is 5
elected. 6
Maximum penalty for subsection (2)--10 penalty units. 7
(3) If the workplace has only 1 workplace health and safety 8
representative, a notice for the representative must be displayed in 1 or more 9
conspicuous positions at the workplace in a way likely to come to the 10
attention of workers at the workplace. 11
(4) If the workplace has more than 1 workplace health and safety 12
representative, a notice for a representative must be displayed in a 13
conspicuous position in the part of the workplace covered by the 14
representative's area of representation in a way likely to come to the 15
attention of workers in that part. 16
to tell new workers and display notices about workplace 17
Employer
health and safety representatives' provisions 18
80.(1) An employer must display in a conspicuous position at the 19
workplace a notice in the approved form giving information about 20
provisions under this division about workplace health and safety 21
representatives. 22
Maximum penalty--10 penalty units. 23
(2) The employer must also tell new workers employed by the employer 24
about workplace health and safety representatives and workplace health and 25
safety committees for the workplace. 26
Maximum penalty--10 penalty units. 27
s 81 48 s 81
Workplace Health and Safety
Subdivision 4--Entitlements and areas of responsibility 1
of workplace health and safety representatives 2
Entitlements
81.(1) A workplace health and safety representative is entitled-- 3
(a) to inspect the workplace or the part of the workplace within the 4
representative's area of representation; and 5
(b) to be told by the representative's employer of any work injury, 6
work caused illness or dangerous event happening at the 7
workplace; and 8
(c) if a workplace incident has happened and an employer wishes to 9
interview a worker about the incident--to be present at the 10
interview if the worker asks that the representative be present; and 11
(d) to review circumstances surrounding work injuries, work caused 12
illnesses and dangerous events told to the representative by the 13
employer; and 14
(e) to advise the employer of the results of the review and to make 15
recommendations arising out of the review; and 16
(f) to be consulted by the employer on any proposed change to the 17
workplace, or plant or substances used at the workplace, that 18
affects, or may affect, the workplace health and safety of persons 19
at the workplace; and 20
(g) to help in the resolution of workplace health and safety issues 21
within the representative's area of representation; and 22
(h) to be told by the employer of the presence of an inspector at the 23
workplace if the representative is at the workplace; and 24
(i) to report orally or in the approved form to the employer or 25
workplace health and safety officer an issue that in the 26
representative's opinion affects, or may affect, the workplace 27
health and safety of persons at the workplace; and 28
(j) to seek the employer's cooperation in remedying the issue and, if 29
the issue is not remedied to the representative's satisfaction, to 30
report the issue to an inspector; and 31
s 82 49 s 82
Workplace Health and Safety
(k) to report orally or in the approved form to an inspector an issue 1
that-- 2
(i) has been reported previously to the employer or workplace 3
health and safety officer; and 4
(ii) has not been satisfactorily remedied within a reasonable 5
time; and 6
(l) to ask the employer to establish a workplace health and safety 7
committee for the workplace; and 8
(m) to be a member of a workplace health and safety committee; and 9
(n) to exercise other entitlements prescribed under a regulation. 10
(2) Inspections may be conducted at weekly intervals or other intervals 11
negotiated between the employer and the employer's workers. 12
(3) An employer must allow a workplace health and safety representative 13
to exercise the representative's entitlements during the representative's 14
ordinary working hours. 15
(4) Subsection (1)(k) does not limit the right of any other worker at the 16
workplace to report to an inspector an issue that in the worker's opinion 17
affects, or may affect, the workplace health and safety of persons at the 18
workplace. 19
5--General 20
Subdivision
of a workplace health and safety representative not to 21
Election
diminish employer's obligations 22
82. An employer's workplace health and safety obligations are not 23
diminished by-- 24
(a) the election of a workplace health and safety representative; or 25
(b) any act or omission of a worker acting in the capacity of 26
workplace health and safety representative. 27
s 83 50 s 86
Workplace Health and Safety
health and safety representatives may be re-elected 1
Workplace
83. A workplace health and safety representative is eligible for re- 2
election. 3
as workplace health and safety representative 4
Term
84. A worker elected as a workplace health and safety representative is a 5
workplace health and safety representative for a term of 2 years from the 6
day the worker was elected. 7
to be a workplace health and safety representative 8
Ceasing
85. A worker stops being a workplace health and safety representative if 9
the worker-- 10
(a) tells the worker's employer that the worker resigns as workplace 11
health and safety representative; or 12
(b) stops being a worker at the workplace. 13
Division 4--Workplace health and safety committees 14
health and safety committees 15
Workplace
86.(1) An employer or principal contractor may establish a workplace 16
health and safety committee for a workplace. 17
(2) An employer or principal contractor must establish a workplace 18
health and safety committee for a workplace if-- 19
(a) a workplace health and safety representative for the workplace 20
asks the representative's employer or the principal contractor to 21
establish a committee; or 22
(b) for a workplace where work of a particularly hazardous nature is 23
carried out--the chief executive directs by written notice given to 24
the employer or principal contractor. 25
(3) An employer or principal contractor must establish the workplace 26
health and safety committee within 28 days of the request or direction. 27
s 87 51 s 88
Workplace Health and Safety
Maximum penalty--10 penalty units. 1
(4) However, if a workplace health and safety officer23 is appointed for a 2
construction workplace, the principal contractor must establish the 3
workplace health and safety committee within 7 days of the appointment. 4
Maximum penalty--10 penalty units. 5
(5) More than 1 committee may be established for a workplace. 6
of committee 7
Membership
87.(1) A workplace health and safety committee for a workplace consists 8
of at least 2 members. 9
(2) The members are-- 10
(a) any workplace health and safety officer and workplace health and 11
safety representative for the workplace; and 12
(b) other members negotiated by-- 13
(i) for a workplace other than a construction workplace--the 14
employer and the employer's workers; and 15
(ii) for a construction workplace--the principal contractor and 16
workers at the workplace. 17
(3) A committee member must be a worker at the workplace. 18
(4) At least half the committee members must be workers other than 19
workers nominated by the employer or principal contractor. 20
(5) Workers may be represented during negotiations by the union of 21
which they are members if they have told the employer or principal 22
contractor that they want to be represented by their union. 23
(6) To remove any doubt, if the workers are members of more than 24
1 union, each of the unions asked may be involved in the negotiations. 25
of meetings 26
Times
88.(1) Meetings of a workplace health and safety committee are to be 27
23 For information about workplace health and safety officers, see part 8.
s 89 52 s 90
Workplace Health and Safety
held at the times it decides. 1
(2) The times the committee are to meet are issues to be negotiated 2
between the employer or principal contractor and the committee members. 3
(3) However, the committee may meet during ordinary working hours at 4
the workplace and must meet at least once every 3 months. 5
(4) Also, the committee must meet when asked by the member who is 6
the workplace health and safety officer. 7
at meetings 8
Proceedings
89. A workplace health and safety committee may conduct its 9
proceedings in the way it decides. 10
of workplace health and safety committees 11
Functions
90.(1) The primary function of a workplace health and safety committee 12
is to assist cooperation between principal contractor, employer and worker 13
in developing and carrying out measures to ensure health and safety at a 14
workplace. 15
(2) Also, a workplace health and safety committee may give information 16
and advice to an employer or principal contractor about workplace health 17
and safety. 18
(3) Without limiting subsection (1) and (2), a committee may seek to 19
discharge its functions by-- 20
(a) encouraging and maintaining at the workplace an active interest in 21
workplace health and safety; and 22
(b) considering measures for training and educating persons at the 23
workplace about workplace health and safety issues; and 24
(c) telling workers about the formulation, review and distribution (in 25
appropriate languages) of standards, rules and procedures about 26
workplace health and safety at the workplace; and 27
(d) reviewing the circumstances surrounding work injuries, work 28
caused illnesses and dangerous events referred to the committee 29
for review; and 30
s 91 53 s 93
Workplace Health and Safety
(e) telling the employer or principal contractor of the results of the 1
review and making recommendations arising out of the review; 2
and 3
(f) helping in the resolution of issues about workplace health and 4
safety at the workplace. 5
PART 8--WORKPLACE HEALTH AND SAFETY 6
OFFICERS 7
Division 1--Purpose of part 8
of part 9
Purpose
91. The purpose of this part is to provide for the appointment and 10
functions of workplace health and safety officers.24 11
2--Definition for part 12
Division
of "qualified person" 13
Meaning
92. In this part-- 14
"qualified person" means a person who holds a certificate of authority 15
prescribed under a regulation for appointment as a workplace health 16
and safety officer. 17
3--Appointment of workplace health and safety officers 18
Division
of workplace health and safety officer by employer 19
Appointment
93.(1) An employer must appoint a qualified person as workplace health 20
24 For the meaning of "workplace health and safety officer" see the dictionary.
s 94 54 s 94
Workplace Health and Safety
and safety officer for a workplace prescribed under a regulation if 30 or 1
more workers are normally employed at the workplace. 2
Maximum penalty--20 penalty units. 3
4
Example of subsection (1)--
5
If, at a workplace, an employer normally employs 5 workers on Tuesdays,
6
Wednesdays and Thursdays, but 30 workers in 3 shifts of 10 workers on Mondays and
7
Fridays, the employer must appoint a workplace health and safety officer for the
8
workplace if it is a workplace of a type prescribed under a regulation.
(2) Subsection (1) does not limit the ability of an employer to appoint a 9
qualified person as a workplace health and safety officer for a workplace in 10
other circumstances. 11
(3) An employer who is a qualified person may appoint himself or 12
herself as workplace health and safety officer for the workplace. 13
(4) An employer may, with the chief executive's written approval, 14
appoint a qualified person to be the workplace health and safety officer for 15
more than 1 workplace if the person can reasonably perform the person's 16
functions as workplace health and safety officer for each workplace. 17
(5) In this section-- 18
"30 or more workers are normally employed at the workplace" means, 19
during the current year, at least 30 workers are employed, or are likely 20
to be employed, at the workplace for a total of any 40 days during the 21
year. 22
of workplace health and safety officer by principal 23
Appointment
contractor 24
94.(1) A principal contractor must appoint a qualified person as 25
workplace health and safety officer-- 26
(a) for a construction workplace--if 30 or more persons work at the 27
workplace during any 24 hour period; or 28
(b) if the principal contractor built at least 30 domestic premises 29
during the previous financial year; or 30
(c) in another circumstance prescribed under a regulation. 31
Maximum penalty--20 penalty units. 32
s 95 55 s 96
Workplace Health and Safety
(2) Subsection (1) does not limit the ability of a principal contractor to 1
appoint a qualified person as workplace health and safety officer in other 2
circumstances. 3
(3) A principal contractor who is a qualified person may appoint himself 4
or herself as workplace health and safety officer. 5
(4) A principal contractor may, with the chief executive's written 6
approval, appoint a qualified person under subsection (1)(a) to be the 7
workplace health and safety officer for more than 1 construction workplace 8
if the person can reasonably perform the person's functions as workplace 9
health and safety officer for each workplace. 10
4--Identity of workplace health and safety officer to be 11
Division
displayed 12
and principal contractor to display identity of workplace 13
Employer
health and safety officer 14
95.(1) An employer or principal contractor must display a notice advising 15
the identity of the workplace health and safety officer for the workplace. 16
Maximum penalty--10 penalty units. 17
(2) The notice must be displayed within 5 days after the officer is 18
appointed. 19
Maximum penalty--10 penalty units. 20
(3) The notice must be displayed in 1 or more conspicuous positions at 21
the workplace in a way likely to come to the attention of workers at the 22
workplace. 23
Maximum penalty--10 penalty units. 24
Division 5--Functions of workplace health and safety officers 25
of workplace health and safety officers 26
Functions
96. A workplace health and safety officer has the following functions-- 27
s 97 56 s 97
Workplace Health and Safety
(a) to tell the employer or principal contractor about the overall state 1
of health and safety at the workplace; 2
(b) to conduct inspections at the workplace to identify any hazards 3
and unsafe or unsatisfactory workplace health and safety 4
conditions and practices; 5
(c) to report to the employer or principal contractor any hazard or 6
unsafe or unsatisfactory workplace health and safety practice 7
identified during inspections; 8
(d) to establish appropriate educational programs in workplace health 9
and safety; 10
(e) to investigate, or assist the investigation of, all work injuries, 11
work caused illnesses and dangerous events at the workplace; 12
(f) to help inspectors in the performance of the inspectors' duties; 13
(g) if any work injury, work caused illness, dangerous event or 14
immediate risk to workplace health or safety at the workplace 15
happens--to report the injury, illness, event or risk to the 16
employer or principal contractor; 17
(h) another function prescribed under a regulation. 18
6--Employer's and principal contractor's responsibilities 19
Division
and principal contractor to help workplace health and 20
Employer
safety officer etc. 21
97. An employer or principal contractor-- 22
(a) must provide information in the employer's or contractor's 23
possession about risks to the workplace health and safety of 24
workers and other persons from workplaces, workplace activities 25
or specified high risk plant to the workplace health and safety 26
officer; and 27
(b) must include the workplace health and safety officer at any 28
interview about health and safety between the employer and a 29
worker if the worker agrees; and 30
s 98 57 s 99
Workplace Health and Safety
(c) must consult the workplace health and safety officer on any 1
proposed change to the workplace that affects, or may affect, 2
workplace health and safety at the workplace; and 3
(d) must help the workplace health and safety officer to seek 4
appropriate advice on issues that may affect, or may affect, 5
workplace health and safety at the workplace; and 6
(e) may instruct the workplace health and safety officer on action to 7
be taken to ensure workplace health and safety at the workplace. 8
7--Appointment of workplace health and safety officer not to 9
Division
diminish employer's obligations 10
of workplace health and safety officer not to diminish 11
Appointment
employer's obligations 12
98. An employer's or principal contractor's workplace health and safety 13
obligations are not diminished by-- 14
(a) the appointment of a workplace health and safety officer; or 15
(b) any act or omission of a person acting in the capacity of 16
workplace health and safety officer. 17
PART 9--INSPECTORS 18
Division 1--Appointment 19
20
Appointment
99. The chief executive may appoint a person as an inspector if-- 21
(a) the chief executive considers the person has the necessary 22
expertise or experience to be an inspector; or 23
(b) the person has satisfactorily finished training approved by the 24
chief executive. 25
s 100 58 s 102
Workplace Health and Safety
of inspector's powers 1
Limitation
100.(1) An inspector is subject to the chief executive's directions in 2
exercising the inspector's powers. 3
(2) The powers of an inspector may be limited-- 4
(a) under a regulation; or 5
(b) under a condition of appointment; or 6
(c) by written notice given by the chief executive to the inspector. 7
appointment conditions 8
Inspector's
101.(1) An inspector holds office on the conditions stated in the 9
instrument of appointment. 10
(2) An inspector-- 11
(a) if the appointment provides for a term of appointment--ceases 12
holding office at the end of the term; and 13
(b) if the conditions of appointment provide--ceases holding office 14
on ceasing to hold another office stated in the appointment 15
conditions (the "main office"); and 16
(c) may resign by signed notice of resignation given to the chief 17
executive. 18
(3) However, an inspector may not resign from the office under this Act 19
(the "secondary office") if a term of employment to the main office 20
requires the inspector to hold the secondary office. 21
identity card 22
Inspector's
102.(1) The chief executive must give each inspector an identity card. 23
(2) The identity card must-- 24
(a) contain a recent photo of the inspector; and 25
(b) be signed by the inspector; and 26
(c) identify the person as an inspector for this Act. 27
s 103 59 s 104
Workplace Health and Safety
(3) A person who stops being an inspector must return the person's 1
identity card to the chief executive as soon as possible (but within 21 days) 2
after the person stops being an inspector, unless the person has a reasonable 3
excuse. 4
Maximum penalty--10 penalty units. 5
(4) This section does not prevent the giving of a single identity card to a 6
person and other Acts or for other purposes. 7
or display of inspector's identity card 8
Production
103.(1) An inspector may exercise a power in relation to someone else 9
only if-- 10
(a) the inspector first produces his or her identity card for the 11
person's inspection; or 12
(b) the inspector has the inspector's identity card displayed so it is 13
clearly visible to the other person. 14
(2) However, before exercising the power, if for any reason it is not 15
practicable to comply with subsection (1), the inspector must produce the 16
identity card for inspection by the person at the first reasonable opportunity. 17
Division 2--Inspectors' general powers 18
to places 19
Entry
104.(1) An inspector may enter a place only if-- 20
(a) it is a workplace; or 21
(b) for a workplace on or near other premises--the entry is to land 22
around the premises to gain access to the workplace; or 23
(c) its occupier consents to the entry; or 24
(d) the entry is authorised by a warrant. 25
(2) However, an inspector may, without the occupier's consent or a 26
warrant, enter-- 27
(a) a public place; or 28
s 105 60 s 105
Workplace Health and Safety
(b) the land around premises to ask its occupier for consent to enter 1
the premises. 2
(3) Also, before exercising a power under subsection (1)(b), the inspector 3
must, if it is practicable to do so, first tell the occupier of the premises of the 4
inspector's intention of gaining access to the workplace. 5
to entry 6
Consent
105.(1) This section applies if an inspector intends to ask an occupier of a 7
place to consent to the inspector or another inspector entering the place.25 8
(2) Before asking for the consent, the inspector must tell the occupier-- 9
(a) the purpose of the entry; and 10
(b) that the occupier is not required to consent. 11
(3) If the consent is given, the inspector may ask the occupier to sign an 12
acknowledgment of the consent. 13
(4) The acknowledgment must state-- 14
(a) the occupier was told-- 15
(i) the purpose of the entry; and 16
(ii) that the occupier is not required to consent; and 17
(b) the purpose of the entry; and 18
(c) the occupier gives the inspector consent to enter the place and 19
exercise powers under this part; and 20
(d) the time and date the consent was given. 21
(5) If the occupier signs an acknowledgment of consent, the inspector 22
must immediately give a copy to the occupier. 23
(6) Subsection (7) applies to a court if-- 24
(a) an issue arises, in a proceeding in or before the court, whether the 25
occupier of a place consented to an inspector entering the place 26
under this part; and 27
25 This section does not apply if entry is authorised by section 104(1)(a), (b) or (d)
or (2).
s 106 61 s 106
Workplace Health and Safety
(b) an acknowledgment under this section is not produced in evidence 1
for the entry; and 2
(c) it is not proved the occupier consented to the entry. 3
(7) The court may presume the occupier did not consent. 4
to enter 5
Warrants
106.(1) An inspector may apply to a Magistrate for a warrant for a place. 6
(2) The application must be sworn and state the grounds on which the 7
warrant is sought. 8
(3) The Magistrate may refuse to consider the application until the 9
inspector gives the Magistrate all the information the Magistrate requires 10
about the application in the way the Magistrate requires. 11
12
Example--
13
The Magistrate may require additional information supporting the application to
14
be given by statutory declaration.
(4) The Magistrate may issue a warrant only if the Magistrate is satisfied 15
there are reasonable grounds for suspecting-- 16
(a) there is a particular thing or activity (the "evidence") that may 17
provide evidence of an offence against this Act; and 18
(b) the evidence is, or may be within the next 7 days, at the place. 19
(5) The warrant must state-- 20
(a) that a stated inspector may, with necessary and reasonable help 21
and force, enter the place and exercise the inspector's powers 22
under this part; and 23
(b) the offence for which the warrant is sought; and 24
(c) the evidence that may be seized under the warrant; and 25
(d) the hours of the day or night when the place may be entered; and 26
(e) the date, within 14 days after the warrant's issue, the warrant 27
ends. 28
s 107 62 s 107
Workplace Health and Safety
made other than in person 1
Warrants--applications
107.(1) An inspector may apply for a warrant by phone, fax, radio or 2
another form of communication if the inspector considers it necessary 3
because of-- 4
(a) urgent circumstances; or 5
(b) other special circumstances, including, for example, the 6
inspector's remote location. 7
(2) Before applying for the warrant, the inspector must prepare an 8
application stating the grounds on which the warrant is sought. 9
(3) The inspector may apply for the warrant before the application is 10
sworn. 11
(4) After issuing the warrant, the Magistrate must immediately fax a 12
copy to the inspector if it is reasonably practicable to fax the copy. 13
(5) If it is not reasonably practicable to fax a copy to the inspector-- 14
(a) the Magistrate must-- 15
(i) tell the inspector what the terms of the warrant are; and 16
(ii) tell the inspector the date and time the warrant was issued; 17
and 18
(b) the inspector must complete a form of warrant (the "warrant 19
form") and write on it-- 20
(i) the Magistrate's name; and 21
(ii) the date and time the Magistrate issued the warrant; and 22
(iii) the terms of the warrant. 23
(6) The facsimile warrant, or the warrant form properly completed by the 24
inspector, authorises the entry and the exercise of the other powers stated in 25
the warrant issued by the Magistrate. 26
(7) The inspector must, at the first reasonable opportunity, send to the 27
Magistrate-- 28
(a) the sworn application; and 29
(b) if the inspector completed a warrant form--the completed warrant 30
form. 31
s 108 63 s 108
Workplace Health and Safety
(8) On receiving the documents, the Magistrate must attach them to the 1
warrant. 2
(9) Subsection (10) applies to a court if-- 3
(a) an issue arises, in a proceeding in or before the court, whether a 4
power exercised by an inspector was not authorised by a warrant 5
issued under this section; and 6
(b) the warrant is not produced in evidence. 7
(10) The court must presume that the exercise of the power was not 8
authorised by a warrant issued under this section, unless the contrary is 9
proved. 10
powers after entering places 11
General
108.(1) This section applies to an inspector who enters a place. 12
(2) This section applies to an inspector who enters a place to get the 13
occupier's consent only if the consent is given or the entry is otherwise 14
authorised. 15
(3) For monitoring or enforcing compliance with this Act, the inspector 16
may-- 17
(a) search any part of the place; or 18
(b) inspect, measure, test, photograph or film any part of the place or 19
anything at the place; or 20
(c) take a thing at or a sample of or from a thing at the place; or 21
(d) copy a document at the place; or 22
(e) conduct surveys and tests to assess-- 23
(i) the degree of risk existing at a workplace; or 24
(ii) standards of workplace health and safety existing at a 25
workplace; or 26
(f) inquire into the circumstances and probable causes of workplace 27
incidents; or 28
s 109 64 s 109
Workplace Health and Safety
(g) take into or onto the place any persons, equipment and materials 1
the inspector reasonably requires for exercising a power under 2
this part; or 3
(h) require the occupier of the place, or a person at the place, to give 4
the inspector reasonable help to exercise the inspector's powers 5
under paragraphs (a) to (g). 6
(4) A person required to give reasonable help under subsection (3)(h) 7
must comply with the requirement, unless the person has a reasonable 8
excuse. 9
Maximum penalty--40 penalty units. 10
(5) If the requirement is to be complied with by the person giving 11
information, or producing a document (other than a document required to be 12
kept by the person under this Act), it is a reasonable excuse for the person to 13
fail to comply with the requirement, if complying with the requirement 14
might tend to incriminate the person. 15
to seize evidence etc. 16
Power
109.(1) An inspector who enters a workplace or, with the occupier's 17
consent, another place under this division may seize a thing at the place if-- 18
(a) the inspector reasonably believes the thing is evidence of an 19
offence against this Act; and 20
(b) seizure of the thing is consistent with the purpose of entry as told 21
to the occupier when asking for the occupier's consent. 22
(2) An inspector who enters a place with a warrant may seize the 23
evidence for which the warrant was issued. 24
(3) An inspector may also seize anything else at the place if the inspector 25
reasonably believes-- 26
(a) the thing is evidence of an offence against this Act; and 27
(b) the seizure is necessary to prevent the thing being hidden, lost or 28
destroyed or used to continue or repeat the offence. 29
(4) Also, an inspector may seize a thing if the inspector reasonably 30
believes it has just been used in committing an offence against this Act. 31
s 110 65 s 111
Workplace Health and Safety
power to seize dangerous places and things 1
Inspector's
110. If an inspector who enters a workplace reasonably believes that the 2
workplace, or part of the workplace, or plant or a substance at the workplace 3
is defective or hazardous to a degree likely to cause serious bodily injury or 4
work caused illness, the inspector may seize the place, part, plant or 5
substance. 6
supporting seizure 7
Powers
111.(1) Having seized a thing, an inspector may-- 8
(a) move the thing from the place where it was seized (the "place of 9
seizure"); or 10
(b) leave the thing at the place of seizure but take reasonable action to 11
restrict access to it; or 12
(c) if the thing is plant--dismantle or cause to be dismantled stated 13
plant. 14
15
Example of restricting access to a thing--
16
1. Sealing a thing and marking it to show access to it is restricted.
17
2. Sealing the entrance to a room where the seized thing is situated and marking it
18
to show access to it is restricted.
(2) If an inspector restricts access to a seized thing, a person must not 19
tamper, or attempt to tamper, with the thing or something restricting access 20
to the thing without an inspector's approval. 21
Maximum penalty--40 penalty units. 22
(3) To enable a thing to be seized, an inspector may require the person in 23
control of it-- 24
(a) to take it to a stated reasonable place by a stated reasonable time; 25
and 26
(b) if necessary, to remain in control of it at the stated place for a 27
reasonable time. 28
(4) The requirement-- 29
(a) must be made by notice in the approved form; or 30
s 112 66 s 113
Workplace Health and Safety
(b) if for any reason it is not practicable to give the notice, may be 1
made orally and confirmed by notice in the approved form as 2
soon as practicable. 3
(5) The person must comply with the requirement unless the person has 4
a reasonable excuse for not complying. 5
Maximum penalty--40 penalty units. 6
(6) A further requirement may be made under this section in relation to 7
the same thing if it is necessary and reasonable to make the further 8
requirement. 9
for seized things 10
Receipt
112.(1) As soon as practicable after an inspector seizes a thing, the 11
inspector must give a receipt for it to the person from whom it was seized. 12
(2) However, if for any reason it is not practicable to comply with 13
subsection (1), the inspector must leave the receipt in a conspicuous position 14
and in a reasonably secure way at the place of seizure. 15
(3) The receipt must describe generally each thing seized and its 16
condition. 17
(4) This section does not apply to a thing if it is impracticable or would 18
be unreasonable to give the notice required by the section (given the thing's 19
nature, condition and value). 20
of seized things 21
Forfeiture
113.(1) A seized thing is forfeited to the State if the inspector who seized 22
the thing-- 23
(a) cannot find its owner after making reasonable inquiries; or 24
(b) cannot return it to its owner, after making reasonable efforts; or 25
(c) reasonably believes it is necessary to retain the thing to prevent it 26
being used to commit an offence against this Act. 27
(2) Subsection (1)(a) does not require the inspector to make inquiries if it 28
would be unreasonable to make inquiries to find the owner, and subsection 29
(1)(b) does not require the inspector to make efforts if it would be 30
s 114 67 s 115
Workplace Health and Safety
unreasonable to make efforts to return the thing to its owner. 1
(3) If the inspector decides to forfeit a thing under subsection (1)(c), the 2
inspector must tell the owner of the decision by written notice. 3
(4) Subsection (3) does not apply if-- 4
(a) the inspector cannot find its owner, after making reasonable 5
inquiries; or 6
(b) it is impracticable or would be unreasonable to give the notice. 7
(5) The notice must state-- 8
(a) the reasons for the decision; and 9
(b) that the owner may apply within 28 days for the decision to be 10
reviewed; and 11
(c) how the owner may apply for the review; and 12
(d) that the owner may apply for a stay of the decision if the owner 13
applies for a review. 14
(6) In deciding whether and, if so, what inquiries and efforts are 15
reasonable or whether it would be unreasonable to give notice about a thing, 16
regard must be had to the thing's nature, condition and value. 17
of seized things 18
Return
114.(1) If a seized thing has not been forfeited, the inspector must return 19
it to its owner at the end of-- 20
(a) 6 months; or 21
(b) if a proceeding for an offence involving it is started within 22
6 months--the proceeding and any appeal from the proceeding. 23
(2) Despite subsection (1), unless the thing has been forfeited, the 24
inspector must immediately return a thing seized as evidence to its owner if 25
the inspector stops being satisfied its continued retention as evidence is 26
necessary. 27
to seized things 28
Access
115.(1) Until a seized thing is forfeited or returned, an inspector must 29
s 116 68 s 117
Workplace Health and Safety
allow its owner to inspect it and, if it is a document, to copy it. 1
(2) Subsection (1) does not apply if it is impracticable or would be 2
unreasonable to allow the inspection or copying. 3
to call police officer to help 4
Power
116.(1) An inspector may call a police officer to help the inspector in the 5
exercise of a power under this part. 6
(2) The police officer must give the inspector the reasonable help the 7
inspector requires, if it is practicable to give the help. 8
Division 3--Improvement and prohibition notices 9
notice 10
Improvement
117.(1) This section applies if an inspector reasonably believes that a 11
person-- 12
(a) is contravening a provision of this Act; or 13
(b) has contravened a provision in circumstances that make it likely 14
that the contravention will continue or be repeated. 15
(2) The inspector may, by notice (an "improvement notice") given to 16
the person, require the person to remedy-- 17
(a) the contravention or likely contravention; or 18
(b) the things or operations causing the contravention or likely 19
contravention. 20
(3) An improvement notice must state-- 21
(a) that the inspector believes the person-- 22
(i) is contravening a provision of this Act; or 23
(ii) has contravened a provision in circumstances that make it 24
likely that the contravention will continue or be repeated; and 25
(b) the provision the inspector believes is being, or has been, 26
contravened; and 27
s 118 69 s 118
Workplace Health and Safety
(c) briefly, how the provision is being contravened; and 1
(d) the action the person must take to remedy the contravention or 2
likely contravention; and 3
(e) the day before which the person is required to remedy the 4
contravention or likely contravention. 5
(4) The person must comply with the improvement notice. 6
Maximum penalty for subsection (4)--40 penalty units. 7
notice 8
Prohibition
118.(1) This section applies if an inspector reasonably believes that 9
circumstances causing, or likely to cause, an immediate risk to workplace 10
health and safety have arisen, or are likely to arise, in relation to a 11
workplace, workplace activity, plant or substance. 12
(2) The inspector may direct the person in control of the workplace, 13
workplace activity, plant or substance that caused, or is likely to cause, the 14
circumstances to stop using, or allowing to be used, the workplace, plant or 15
substance or to stop the activity. 16
17
Example--
18
A direction may be given requiring a person to stop selling, letting or hiring,
19
lending or otherwise disposing of any plant or substance.
(3) The direction may be given orally, but must be confirmed by written 20
notice (a "prohibition notice") given to the person as soon as practicable. 21
(4) The person must comply with the direction or prohibition notice. 22
Maximum penalty--40 penalty units or 6 months imprisonment. 23
(5) Subsection (2) does not apply to an activity or procedure necessary to 24
rectify the circumstances. 25
(6) A prohibition notice must state-- 26
(a) the inspector believes that circumstances causing, or likely to 27
cause, an immediate risk to workplace health and safety have 28
arisen, or are likely to arise, at a workplace; and 29
(b) briefly, the circumstances that have caused or are likely to cause 30
the risk; and 31
s 119 70 s 120
Workplace Health and Safety
(c) if the inspector believes the circumstances involve a 1
contravention, or likely contravention, of a provision of this 2
Act--the provision contravened or likely to be contravened; and 3
(d) the circumstances (if any) under which the notice will be lifted. 4
(7) For this section, a person is "in control" of a workplace, workplace 5
activity, plant or substance if the person has, or reasonably appears to have, 6
authority to exercise control over the workplace, activity, plant or substance. 7
to secure compliance with notices 8
Order
119.(1) This section applies if it appears to the chief executive-- 9
(a) that a person to whom an inspector has issued an improvement or 10
prohibition notice has contravened this Act by failing to comply 11
with the notice; and 12
(b) because of the failure, there is an imminent risk of serious bodily 13
injury or work caused illness or of a dangerous event happening. 14
(2) The chief executive may make application in chambers to the 15
Supreme Court for an order that the person comply with the notice. 16
(3) If the court is satisfied that there is an imminent risk of serious bodily 17
injury or work caused illness or of a dangerous event happening because of 18
the contravention, the court may make any order it considers appropriate in 19
the circumstances. 20
(4) In addition to any other liability a person may incur for breach of the 21
order, the person also commits an offence against this section. 22
Maximum penalty for subsection (4)--200 penalty units or 6 months 23
imprisonment. 24
4--Other investigative powers 25
Division
to require name and address 26
Power
120.(1) This section applies if-- 27
(a) an inspector finds a person committing an offence against this Act 28
at a workplace; or 29
s 121 71 s 121
Workplace Health and Safety
(b) an inspector finds a person in circumstances that lead, or has 1
information that leads, the inspector to reasonably suspect the 2
person has just committed an offence against this Act at a 3
workplace. 4
(2) The inspector may require the person to state the person's name and 5
residential address. 6
(3) When making the requirement, the inspector must warn the person it 7
is an offence to fail to state the person's name or residential address, unless 8
the person has a reasonable excuse. 9
(4) The inspector may require the person to give evidence of the 10
correctness of the stated name or address if the inspector reasonably 11
suspects the stated name or address is false. 12
(5) A person must comply with a requirement under subsection (2) or 13
(4), unless the person has a reasonable excuse. 14
Maximum penalty--10 penalty units. 15
(6) The person does not commit an offence against subsection (5) if-- 16
(a) the person was required to state the person's name and address by 17
an inspector who suspected the person had committed an offence 18
against this Act; and 19
(b) the person is not proved to have committed the offence. 20
(7) Without limiting section 116 26, an inspector may ask a police officer 21
to help with the enforcement of this section. 22
police officer may take for failure to give name and address 23
Steps
121. A police officer may take the following steps if a person fails to 24
comply with a requirement made by an inspector under section 120(2) or 25
(4)-- 26
(a) the police officer may ask the person whether the person has a 27
reasonable excuse for not complying with the requirement and, if 28
the person gives an excuse, asks for details or further details of 29
the excuse; 30
26 Power to call police officer to help
s 122 72 s 122
Workplace Health and Safety
(b) if the person does not answer the question or gives an excuse that 1
the police officer reasonably believes is not a reasonable excuse, 2
the officer may-- 3
(i) tell the person that the officer is considering the arrest of the 4
person for failing to comply with the requirement; and 5
(ii) require the person to state the person's name and residential 6
address (or, if the person has no residential address, an 7
address at which the person can most likely be contacted) 8
and, if the officer reasonably suspects that the stated name or 9
address is false, require the person to give evidence of the 10
correctness of the stated name or address; 11
(c) the police officer may arrest the person without a warrant if the 12
officer reasonably believes-- 13
(i) the person has not complied with a requirement of the officer 14
under paragraph (b)(ii); and 15
(ii) proceedings by way of complaint and summons against the 16
person for an offence against this Act would be ineffective. 17
to require production of certain documents 18
Power
122.(1) An inspector may require-- 19
(a) a person to make available for inspection by an inspector, or 20
produce to the inspector for inspection, at a reasonable time and 21
place nominated by the inspector, a document issued to the person 22
under this Act or required to be kept by the person under this Act; 23
or 24
(b) an employer, principal contractor or owner to make available for 25
inspection by an inspector, or produce to the inspector for 26
inspection, at a reasonable time and place nominated by the 27
inspector, any document (including a contract) about work 28
undertaken or being undertaken by the person. 29
(2) The employer, contractor or owner must comply with a requirement 30
under subsection (1)(b), unless the employer, contractor or owner has a 31
reasonable excuse for not complying. 32
Maximum penalty--10 penalty units. 33
s 123 73 s 123
Workplace Health and Safety
(3) It is a reasonable excuse for the person not to comply with the 1
requirement under subsection (1)(b) if complying with the requirement 2
might tend to incriminate the person. 3
(4) The inspector may keep the document to copy it. 4
(5) If the inspector copies the document, or an entry in the document, the 5
inspector may require the person responsible for keeping the document to 6
certify the copy as a true copy of the document or entry. 7
(6) The person responsible for keeping the document must comply with 8
the requirement, unless the person has a reasonable excuse for not 9
complying. 10
Maximum penalty--10 penalty units. 11
(7) The inspector must return the document to the employer, contractor 12
or owner as soon as practicable after copying it. 13
Division 5--Other enforcement matters 14
of workplace, plant or substance that is a serious risk to 15
Destruction
health or safety 16
123.(1) This section applies if an inspector reasonably believes that a 17
workplace or part of a workplace, plant or a substance is so defective or 18
hazardous that it is likely to cause serious bodily injury or work caused 19
illness. 20
(2) The inspector may, by written notice, require the owner to destroy the 21
workplace or part, plant or substance or make it harmless. 22
23
Example--
24
The inspector may require the owner to dismantle a workplace or stated plant to
25
make it harmless or to remove stated plant or a stated substance from the workplace.
(3) A person must comply with the notice, unless the person has a 26
reasonable excuse for not complying. 27
Maximum penalty for subsection (3)--40 penalty units. 28
s 124 74 s 125
Workplace Health and Safety
of samples 1
Analysis
124.(1) The chief executive may have a sample taken by an inspector 2
analysed. 3
(2) A person must not, with intent to adversely affect the analysis of a 4
thing-- 5
(a) tamper with the thing before an inspector takes a sample of the 6
thing for analysis; or 7
(b) tamper with a sample of a thing after it is taken by an inspector 8
for analysis. 9
Maximum penalty--20 penalty units. 10
(3) If a particular method of analysis has been prescribed under a 11
regulation, the analyst must follow the method. 12
(4) The chief executive must obtain from the analyst a certificate or report 13
stating the analysis result. 14
15
Compensation
125.(1) A person may claim compensation from the State if the person 16
incurs loss or expense because of the exercise or purported exercise of a 17
power under any of the following divisions, including, for example, in 18
complying with a requirement made of the person-- 19
· division 2 (Inspectors' general powers) 20
· division 4 (Other investigative powers) 21
· division 5 (Other enforcement matters), other than section 123.27 22
(2) Compensation may be claimed and ordered in a proceeding-- 23
(a) brought in a court with jurisdiction for the recovery of the amount 24
of compensation claimed; or 25
(b) for an offence against this Act brought against the person 26
claiming compensation. 27
27 Section 123 deals with destruction of a workplace, plant or substance that is a
serious risk to workplace health or safety.
s 126 75 s 128
Workplace Health and Safety
(3) A court may order compensation to be paid only if it is satisfied it is 1
just to make the order in the circumstances of the particular case. 2
(4) A regulation may prescribe matters that may, or must, be taken into 3
account by the court when considering whether it is just to make the order. 4
on conviction 5
Forfeiture
126.(1) On the conviction of a person for an offence against this Act, the 6
court may order the forfeiture to the State of anything used to commit the 7
offence or anything else the subject of the offence. 8
(2) The court may make the order-- 9
(a) whether or not the thing has been seized under this Act; and 10
(b) if the thing has been seized--whether or not the thing has been 11
returned to its owner. 12
(3) The court may make any order to enforce the forfeiture that it 13
considers appropriate. 14
(4) This section applies to a thing only if the court is satisfied that the 15
thing-- 16
(a) has resulted or may result in a work caused illness; or 17
(b) has caused or may cause serious bodily injury or a dangerous 18
event. 19
(5) This section does not limit the court's powers under the Penalties and 20
Sentences Act 1992 or another law. 21
with forfeited things 22
Dealing
127.(1) On the forfeiture of a thing to the State, the thing becomes the 23
State's property and may be dealt with by the chief executive as the chief 24
executive considers appropriate. 25
(2) Without limiting subsection (1), the chief executive may destroy it. 26
to give notice of damage 27
Inspector
128.(1) This section applies if-- 28
s 129 76 s 129
Workplace Health and Safety
(a) an inspector damages something when exercising or purporting to 1
exercise a power; or 2
(b) a person (the "other person") acting under the direction of an 3
inspector damages something. 4
(2) The inspector must promptly give written notice of particulars of the 5
damage to the person who appears to be the owner of the thing. 6
(3) If the inspector believes the damage was caused by a latent defect in 7
the thing or circumstances beyond the inspector's or other person's control, 8
the inspector may state it in the notice. 9
(4) If, for any reason, it is impracticable to comply with subsection (2), 10
the inspector must leave the notice in a conspicuous position and in a 11
reasonably secure way where the damage happened. 12
(5) This section does not apply to damage the inspector reasonably 13
believes is trivial. 14
(6) In this section-- 15
"owner" of a thing includes the person in possession or control of it. 16
ART 10--BOARDS OF INQUIRY 17
P
Division 1--General 18
may establish or re-establish boards of inquiry 19
Minister
129.(1) The Minister may establish or re-establish a board of inquiry 20
about any workplace incident28 by Gazette notice. 21
(2) The notice, or a subsequent Gazette notice, may specify issues 22
relevant to the inquiry including, for example, the membership of the board 23
and its terms of reference. 24
28 "Workplace incident" is a defined term. See the dictionary for its meaning.
s 130 77 s 132
Workplace Health and Safety
(3) The Minister may exercise powers under this section for a workplace 1
incident-- 2
(a) whether or not the incident has been investigated by an inspector; 3
and 4
(b) whether or not a board of inquiry had previously inquired into the 5
incident. 6
of board of inquiry 7
Role
130.(1) The board of inquiry must-- 8
(a) inquire into the circumstances and probable causes of the relevant 9
workplace incident; and 10
(b) give the Minister a written report of the board's findings. 11
(2) The report may contain the recommendations the board considers 12
appropriate and other relevant matters. 13
(3) The Minister must table a copy of the report in the Legislative 14
Assembly within 14 days after receiving the report. 15
(4) However, if the board gives the Minister a separate report of issues 16
that the board considers should not be made public, the Minister need not 17
table the separate report in the Legislative Assembly. 18
of appointment 19
Conditions
131.(1) Members of the board of inquiry are entitled to be paid the fees 20
and allowances decided by the Minister. 21
(2) The members' terms of office are the terms provided by this Act and 22
the other terms (if any) decided by the Minister. 23
executive to arrange for services of staff and financial matters 24
Chief
for board of inquiry 25
132. As soon as practicable after the board of inquiry is established, the 26
chief executive must consult with the chairperson of the board and 27
arrange-- 28
s 133 78 s 134
Workplace Health and Safety
(a) for the services of officers and employees of the department and 1
other persons to be made available to the board for the conduct of 2
the inquiry; and 3
(b) for financial matters relevant to the board. 4
may exercise powers for board's inquiry 5
Inspector
133.(1) This section applies to an inspector whose services have been 6
made available to the board of inquiry. 7
(2) The inspector may exercise the powers of an inspector under part 9 29 8
for the workplace incident the subject of the board's inquiry. 9
Division 2--Conduct of inquiry 10
11
Procedure
134.(1) When conducting its inquiry, the board of inquiry-- 12
(a) must observe natural justice; and 13
(b) must act as quickly, and with as little formality and technicality, as 14
is consistent with a fair and proper consideration of the issues. 15
(2) In conducting the inquiry, the board-- 16
(a) is not bound by the rules of evidence; and 17
(b) may inform itself in any way it considers appropriate, including 18
holding hearings; and 19
(c) may decide the procedures to be followed for the inquiry. 20
(3) However, the board must comply with this division and any 21
procedural rules prescribed under a regulation. 22
(4) The chairperson presides at the inquiry. 23
29 Inspectors
s 135 79 s 138
Workplace Health and Safety
of inquiry 1
Notice
135. The chairperson of the board of inquiry must give at least 14 days 2
written notice of the time and place of the inquiry to-- 3
(a) any person concerned in the workplace incident the subject of the 4
inquiry; and 5
(b) any other person who the chairperson has reason to believe 6
should be given the opportunity to appear at the inquiry. 7
to be held in public except in special circumstances 8
Inquiry
136.(1) An inquiry must be held in public. 9
(2) However, the board may, of its own initiative or on the application of 10
a person represented at the inquiry, direct that the inquiry, or a part of the 11
inquiry, be held in private, and give directions about the persons who may 12
be present. 13
(3) The board may give a direction under subsection (2) only if it is 14
satisfied it is proper to make the order in the special circumstances of the 15
inquiry. 16
of members, legal representatives and witnesses 17
Protection
137.(1) A member of the board of inquiry has, in the performance of the 18
member's duties, the same protection and immunity as a Supreme Court 19
Judge. 20
(2) A lawyer or other person appearing before the board for someone has 21
the same protection and immunity as a lawyer appearing for a party in a 22
proceeding in the Supreme Court. 23
(3) A person summoned to attend or appearing before the board as a 24
witness has the same protection as a witness in a proceeding in the Supreme 25
Court. 26
of proceedings to be kept 27
Record
138. The board of inquiry must keep a record of its proceedings. 28
s 139 80 s 142
Workplace Health and Safety
fairness and representation 1
Procedural
139.(1) In conducting the inquiry, the board must give a person 2
concerned in the workplace incident the opportunity of defending all claims 3
made against the person. 4
(2) The person may be represented before the board by a lawyer or agent. 5
powers on inquiry 6
Board's
140.(1) In conducting the inquiry, the board may-- 7
(a) act in the absence of any person who has been given a notice 8
under section 13530 or some other reasonable notice; and 9
(b) receive evidence on oath or affirmation or by statutory declaration; 10
and 11
(c) adjourn the inquiry; and 12
(d) disregard any defect, error, omission or insufficiency in a 13
document. 14
(2) A member of the board may administer an oath or affirmation to a 15
person appearing as a witness before the inquiry. 16
to witness 17
Notice
141.(1) The chairperson of the board of inquiry may, by written notice 18
given to a person, require the person to attend the inquiry at a stated time 19
and place to give evidence or produce stated documents or other things. 20
(2) A person required to appear as a witness before the board is entitled 21
to the witness fees prescribed under a regulation or, if no witness fees are 22
prescribed, the reasonable witness fees decided by the chairperson. 23
of documents or other things 24
Inspection
142.(1) If a document or other thing is produced to the board at the 25
inquiry, the board may-- 26
30 Notice of inquiry
s 143 81 s 144
Workplace Health and Safety
(a) inspect the thing; and 1
(b) copy or photograph the thing if it is relevant to the inquiry. 2
(2) The board may also take possession of the thing, and keep it while it 3
is necessary for the inquiry. 4
(3) While it keeps a document or other thing, the board must permit a 5
person otherwise entitled to possession of it to inspect, copy or photograph 6
the thing, at a reasonable place and time the board decides. 7
may continue despite court proceedings unless otherwise 8
Inquiry
ordered 9
143. The inquiry may start or continue, and a report may be prepared or 10
given, despite a proceeding before any court or tribunal, unless a court or 11
tribunal with the necessary jurisdiction orders otherwise. 12
by witnesses 13
Offences
144.(1) A person given a notice under section 14131 must not fail, 14
without reasonable excuse-- 15
(a) to attend as required by the notice; or 16
(b) to continue to attend as required by the chairperson of the board of 17
inquiry until excused from further attendance. 18
Maximum penalty--30 penalty units. 19
(2) A person appearing as a witness at the inquiry must take an oath or 20
make an affirmation when required by the chairperson of the board. 21
Maximum penalty--30 penalty units. 22
(3) Also, a person appearing as a witness at the inquiry must not fail, 23
without reasonable excuse-- 24
(a) to answer a question the person is required to answer by a 25
member of the board; or 26
31 Notice to witness
s 145 82 s 147
Workplace Health and Safety
(b) to produce a document or thing the person is required to produce 1
by a notice under section 141. 2
Maximum penalty--30 penalty units. 3
(4) It is a reasonable excuse to refuse to answer a question or produce a 4
document or thing on the ground that the answer or production of the 5
document or thing might tend to incriminate the person. 6
of board 7
Contempt
145. A person must not-- 8
(a) deliberately interrupt the inquiry; or 9
(b) create or continue or join in creating or continuing, a disturbance 10
in or near a place where the board is conducting its inquiry; or 11
(c) do anything that would be contempt of court if the board were a 12
Judge acting judicially. 13
Maximum penalty--30 penalty units. 14
of offences 15
Report
146. If the board of inquiry considers material before it discloses an 16
offence, it may report the offence to 1 or more of the following persons and 17
may make available to the person or persons all relevant material in the 18
board's possession-- 19
(a) the Commissioner of the Police Service; 20
(b) the Criminal Justice Commission; 21
(c) the Director of Public Prosecutions; 22
(d) the chief executive. 23
of membership of board 24
Change
147. The inquiry of a board of inquiry is not affected by a change in its 25
membership. 26
s 148 83 s 149
Workplace Health and Safety
PART 11--APPEALS 1
Division 1--Internal review of decisions 2
for review 3
Application
148. A person whose interests are affected by a decision of the chief 4
executive or an inspector (the "original decision") may apply under this 5
division for the decision to be reviewed. 6
for review 7
Procedure
149.(1) The application must-- 8
(a) be made in the approved form to the chief executive; and 9
(b) be supported by enough information to enable the chief executive 10
to decide the application. 11
(2) If the application is for the review of a decision to forfeit a thing, the 12
application must be made to the chief executive within-- 13
(a) 28 days after the day on which the person receives notice of the 14
original decision; or 15
(b) the longer period, within 2 months after the day, the chief 16
executive in special circumstances allows. 17
(3) If the application is for the review of another decision, the application 18
must be made to the chief executive within-- 19
(a) 14 days after the day on which the person receives notice of the 20
original decision; or 21
(b) the longer period, within 2 months after the day, the chief 22
executive in special circumstances allows. 23
(4) If the chief executive is satisfied the applicant has complied with 24
subsection (1), the chief executive must immediately tell the applicant in 25
writing of that fact. 26
s 150 84 s 151
Workplace Health and Safety
of decision 1
Review
150.(1) The chief executive must, within 14 days after giving the notice 2
in section 149(4), review the original decision and make a decision (the 3
"review decision")-- 4
(a) to confirm the decision appealed against; or 5
(b) to vary the decision appealed against; or 6
(c) to set aside the decision appealed against and make a decision in 7
substitution for the decision set aside. 8
(2) The application must not be dealt with by-- 9
(a) the person who made the original decision; or 10
(b) a person in a less senior office than the person who made the 11
original decision. 12
(3) Within 14 days after making the review decision, the chief executive 13
must give written notice of the decision to the applicant. 14
(4) The notice must-- 15
(a) include the reasons for the review decision; and 16
(b) tell the applicant of the applicant's right of appeal against the 17
decision. 18
(5) If the chief executive does not-- 19
(a) review the original decision within the time allowed under 20
subsection (1); or 21
(b) having reviewed the decision, tell the applicant of the review 22
decision within the time allowed under subsection (3); 23
the applicant may appeal against the original decision under section 152. 24
(6) This section does not apply to an original decision made by the chief 25
executive personally. 26
of operation of original decisions 27
Stay
151.(1) If a person applies for a decision to be reviewed, the person may 28
immediately apply to the Industrial Court for a stay of the decision. 29
s 152 85 s 153
Workplace Health and Safety
(2) The court may stay the decision to secure the effectiveness of the 1
review and any later appeal to the court. 2
(3) A stay-- 3
(a) may be given on conditions the court considers appropriate; and 4
(b) operates for the period fixed by the court; and 5
(c) may be revoked or amended by the court. 6
(4) The period of a stay must not extend past the time when the chief 7
executive reviews the decision and any later period the court allows the 8
person to appeal against the decision. 9
(5) An application made for the review of a decision affects the decision, 10
or the carrying out of the decision, only if the decision is stayed. 11
2--Appeals 12
Division
may appeal? 13
Who
152.(1) A person whose interests are affected by an original decision or 14
review decision may appeal against the decision to the Industrial Court. 15
(2) The person has a right to receive a statement of the reasons for the 16
decision. 17
to start appeal 18
How
153.(1) An appeal is started by-- 19
(a) filing written notice of appeal with the registrar of the Industrial 20
Court; and 21
(b) complying with rules of court applying to the appeal. 22
(2) The notice of appeal must be filed within 30 days after-- 23
(a) if the appeal is from an original decision--the day the appellant 24
receives notice of the original decision; or 25
(b) if the appeal is from a review decision--the day the appellant 26
receives reasons for the review decision. 27
s 154 86 s 156
Workplace Health and Safety
(3) The court may at any time extend the period for filing the notice of 1
appeal. 2
(4) The notice of appeal must state fully the grounds of the appeal and the 3
facts relied on. 4
of operation of decisions 5
Stay
154.(1) The Industrial Court may grant a stay of a decision appealed 6
against to secure the effectiveness of the appeal. 7
(2) A stay-- 8
(a) may be given on the conditions the court considers appropriate; 9
and 10
(b) operates for the period fixed by the court; and 11
(c) may be revoked or amended by the court. 12
(3) The period of a stay must not extend past the time when the court 13
decides the appeal. 14
(4) An appeal against a decision affects the decision, or carrying out of 15
the decision, only if the decision is stayed. 16
procedures 17
Hearing
155.(1) The procedure for an appeal is to be in accordance with the rules 18
of court applying to the appeal or, if the rules make no provision or 19
insufficient provision, in accordance with directions of the Industrial Court. 20
(2) An appeal is by way of rehearing, unaffected by the chief executive's 21
decision. 22
ssessors 23
A
156. If the Industrial Court is satisfied the appeal involves an issue of 24
special knowledge and skill, the court may appoint 1 or more assessors to 25
help in deciding the appeal. 26
s 157 87 s 160
Workplace Health and Safety
of court on appeal 1
Powers
157.(1) In deciding an appeal, the Industrial Court may-- 2
(a) confirm the decision appealed against; or 3
(b) vary the decision appealed against; or 4
(c) set aside the decision appealed against and make a decision in 5
substitution for the decision set aside; or 6
(d) set aside the decision appealed against and return the issue to the 7
decision maker with directions the court considers appropriate. 8
(2) If on appeal the court acts under subsection (1)(b) or (c), the decision 9
is taken, for this Act (other than this part), to be that of the chief executive. 10
PART 12--LEGAL PROCEEDINGS 11
Division 1--Evidence 12
of division 13
Application
158.(1) This division applies to a proceeding under this Act or another 14
Act prescribed under a regulation. 15
of appointments and authority unnecessary 16
Proof
159. It is not necessary to prove-- 17
(a) the appointment of the chief executive or an inspector; or 18
(b) the authority of the chief executive or an inspector to do anything 19
under this Act. 20
of signatures unnecessary 21
Proof
160. A signature purporting to be the signature of the chief executive or 22
an inspector is evidence of the signature it purports to be. 23
s 161 88 s 161
Workplace Health and Safety
aids 1
Evidentiary
161.(1) In this section-- 2
"certificate" means a certificate purporting to be signed by the chief 3
executive or an inspector. 4
(2) A certificate stating any of the following matters is evidence of the 5
matter-- 6
(a) a stated document is-- 7
(i) an appointment or approval or a copy of an appointment or 8
approval; or 9
(ii) an improvement, prohibition or seizure notice, or a copy of 10
an improvement, prohibition or seizure notice; or 11
(iii) a decision, or a copy of a decision, given or made under this 12
Act; or 13
(iv) a record or document, a copy of a record or document, or an 14
extract from a record or document, kept under this Act; 15
(b) on a stated day, or during a stated period, a stated certificate, 16
registration, approval or appointment was, or was not, in force for 17
a stated person, workplace or thing; 18
(c) on a stated day, or during a stated period, a standard issued or 19
published by National Occupational Health and Safety 20
Commission or Standards Australia or something in the standard 21
was, or was not, in force; 22
(d) on a stated day a stated person was given a stated direction or 23
notice under this Act; 24
(e) a stated amount is payable under this Act by a stated person and 25
has not been paid; 26
(f) a stated substance is a hazardous substance; 27
(g) an instrument, equipment or installation was used in accordance 28
with conditions prescribed under a relevant document for its use; 29
(h) anything else prescribed by regulation. 30
(5) A document purporting to be published by or under the authority of 31
National Occupational Health and Safety Commission or Standards 32
s 162 89 s 162
Workplace Health and Safety
Australia is, on its production in a proceeding, evidence of the matters 1
appearing on and in the document. 2
(6) In a complaint starting a proceeding, a statement that the matter of the 3
complaint came to the complainant's knowledge on a stated day is evidence 4
of the matter. 5
(7) Any instrument, equipment or installation used by an inspector or 6
analyst in accordance with the conditions (if any) prescribed under a relevant 7
document for its use is taken to be accurate and precise in the absence of 8
evidence to the contrary. 9
reports 10
Expert
162.(1) An expert report is admissible in evidence in a proceeding under 11
this Act, whether or not the person making the report (the "expert") attends 12
to give oral evidence in the proceeding. 13
(2) However, if the expert does not attend to give oral evidence in the 14
proceeding, the report is admissible only with the court's leave. 15
(3) In deciding whether to grant leave, the court must have regard to the 16
following-- 17
(a) the contents of the report; 18
(b) why the expert does not intend to give oral evidence; 19
(c) the risk that its admission or exclusion from evidence will result 20
in unfairness to a party, in particular having regard to a party's 21
ability to controvert the contents of the report if the expert does 22
not give oral evidence; 23
(d) any other relevant circumstance. 24
(4) An expert report when admitted is evidence of any fact or opinion of 25
which the expert could have given oral evidence. 26
(5) In this section-- 27
"expert report" means a report made by a person that deals entirely or 28
mainly with issues on which the person is qualified to give expert 29
evidence, but does not include an analyst's report. 30
s 163 90 s 164
Workplace Health and Safety
certificate or report 1
Analyst's
163. The production by the prosecutor or the defendant in a prosecution 2
of a signed analyst's report stating any of the following is evidence of 3
them-- 4
(a) the analyst's qualifications; 5
(b) the analyst took, or received from a stated person, the sample 6
mentioned in the report; 7
(c) the analyst analysed the sample on a stated day, or during a stated 8
period, and at a stated place; 9
(d) the results of the analysis. 10
2--Proceedings 11
Division
for offences 12
Proceedings
164.(1) A prosecution for an offence against this Act is by way of 13
summary proceedings before an Industrial Magistrate. 14
(2) More than 1 contravention of a workplace health and safety obligation 15
under part 3 may be charged as a single charge if the acts or omissions 16
giving rise to the claimed contravention happened within the same period 17
and at the same workplace. 18
(3) A person aggrieved by a decision of an Industrial Magistrate in 19
proceedings brought under subsection (1) who desires to appeal must 20
appeal to the Industrial Court. 21
(4) The Industrial Relations Act 1990 applies, with any necessary 22
changes, to a proceeding before an Industrial Magistrate brought under 23
subsection (1) and to a proceeding on appeal before the Industrial Court 24
brought under subsection (3). 25
(5) A prosecution for an offence against this Act must be commenced by 26
complaint of an inspector or someone else authorised by the Minister or the 27
chief executive. 28
s 165 91 s 166
Workplace Health and Safety
on time for starting proceedings 1
Limitation
165. A proceeding for an offence against this Act must start-- 2
(a) within 1 year after the commission of the offence; or 3
(b) within 6 months after the offence comes to the complainant's 4
knowledge, but within 18 months after the commission of the 5
offence. 6
for acts or omissions of representatives 7
Responsibility
166.(1) In this section-- 8
"representative" means-- 9
(a) of a corporation--an executive officer, employee or agent of the 10
corporation; or 11
(b) of an individual--an employee or agent of the individual. 12
"state of mind" of a person includes-- 13
(a) the person's knowledge, intention, opinion, belief or purpose; and 14
(b) the person's reasons for the intention, opinion, belief or purpose. 15
(2) Subsections (3) and (4) apply in a proceeding for an offence against 16
this part. 17
(3) If it is relevant to prove a person's state of mind about a particular act 18
or omission, it is enough to show-- 19
(a) the act was done or omitted to be done by a representative of the 20
person within the scope of the representative's actual or apparent 21
authority; and 22
(b) the representative had the state of mind. 23
(4) An act done or omitted to be done for a person by a representative of 24
the person within the scope of the representative's actual or apparent 25
authority is taken to have been done or omitted to be done also by the 26
person, unless the person proves the person could not, by the exercise of 27
reasonable diligence, have prevented the act or omission. 28
s 167 92 s 169
Workplace Health and Safety
officers must ensure corporation complies with Act 1
Executive
167.(1) The executive officers of a corporation must ensure that the 2
corporation complies with this Act. 3
(2) If a corporation commits an offence against a provision of this Act, 4
each of the corporation's executive officers also commits an offence, 5
namely, the offence of failing to ensure that the corporation complies with 6
the provision. 7
Maximum penalty for subsection (2)--the penalty for the contravention of 8
the provision by an individual. 9
(3) Evidence that the corporation has been convicted of an offence against 10
a provision of this Act is evidence that each of the executive officers 11
committed the offence of failing to ensure that the corporation complies 12
with the provision. 13
(4) However, it is a defence for an executive officer to prove-- 14
(a) if the officer was in a position to influence the conduct of the 15
corporation in relation to the offence--the officer exercised 16
reasonable diligence to ensure the corporation complied with the 17
provision; or 18
(b) the officer was not in a position to influence the conduct of the 19
corporation in relation to the offence. 20
at hearing 21
Representation
168. A party to a proceeding under this Act may be represented by the 22
party's lawyer or agent. 23
of fees 24
Recovery
169.(1) A fee payable under this Act and not paid may be recovered by 25
the chief executive-- 26
(a) in summary proceedings under the Justices Act 1886; or 27
(b) by action for a debt in a court of competent jurisdiction. 28
(2) A fee may also be recovered in a proceeding for an offence against 29
this Act. 30
s 170 93 s 171
Workplace Health and Safety
(3) An order made under subsection (2) is enforceable under the Justices 1
Act 1886 as an order for payment of money made by a Magistrate under 2
that Act. 3
(4) If an order is made under subsection (2)-- 4
(a) the order may be filed in the registry of a Magistrates Court under 5
the Magistrates Courts Act 1921; and 6
(b) on being filed, is taken to be an order made by a Magistrates 7
Court constituted under that Act and may be enforced 8
accordingly. 9
ART 13--OFFENCES 10
P
1--Offence provisions 11
Division
against this Act 12
Offences
170.(1) If a provision creates an offence against this Act, the maximum 13
penalty for the contravention of the provision appears at the end of the 14
provision. 15
(2) However, to help users of this Act, a list of provisions creating 16
offences against this Act, and the maximum penalties for contravention of 17
the provisions, can also be found in schedule 1. 18
2--Other offences 19
Division
or misleading statements 20
False
171.(1) A person must not-- 21
(a) state anything to a board of inquiry, the chief executive or an 22
inspector the person knows is false or misleading in a material 23
particular; or 24
s 172 94 s 173
Workplace Health and Safety
(b) omit from a statement made to a board of inquiry, the chief 1
executive or an inspector anything without which the statement is, 2
to the person's knowledge, misleading in a material particular. 3
Maximum penalty--30 penalty units. 4
(2) It is enough for a complaint against a person for an offence against 5
subsection (1) to state that the statement made was false or misleading to the 6
person's knowledge. 7
misleading or incomplete documents 8
False,
172.(1) A person must not give a board of inquiry, the chief executive or 9
an inspector a document containing information the person knows is false, 10
misleading or incomplete in a material particular. 11
Maximum penalty--30 penalty units. 12
(2) Subsection (1) does not apply to a person if the person, when giving 13
the document-- 14
(a) tells the board, chief executive or inspector, to the best of the 15
person's ability, how it is false, misleading or incomplete; and 16
(b) if the person has, or can reasonably obtain, the correct 17
information--gives the correct information. 18
(3) Also, a person must not make an entry in any document required or 19
permitted to be made or kept under this Act knowing the entry to be false, 20
misleading or incomplete in a material particular. 21
Maximum penalty--30 penalty units. 22
(4) It is enough for a complaint against a person for an offence against 23
subsection (1) or (3) to state that the statement or entry made was false, 24
misleading or incomplete to the person's knowledge. 25
inspectors 26
Obstructing
173.(1) A person must not obstruct an inspector in the exercise of a 27
power, unless the person has a reasonable excuse for the obstruction. 28
Maximum penalty--40 penalty units. 29
s 174 95 s 174
Workplace Health and Safety
(2) If a person has obstructed an inspector and the inspector decides to 1
proceed with the exercise of the power, the inspector must warn the person. 2
(3) In warning a person under subsection (2), an inspector must warn the 3
person that-- 4
(a) it is an offence to obstruct the inspector, unless the person has a 5
reasonable excuse; and 6
(b) the inspector considers the person's conduct is an obstruction. 7
(4) If, after an inspector has warned the person, the person continues with 8
the conduct or repeats the conduct, the inspector may ask a police officer to 9
help with the enforcement of this section. 10
(5) Subsection (4) does not limit section 11632. 11
a police officer may take for obstruction 12
Steps
174. A police officer may take the following steps if a person has 13
obstructed an inspector-- 14
(a) the officer may ask the person whether the person has a 15
reasonable excuse for the conduct and, if the person gives an 16
excuse, ask for details or further details of the excuse; 17
(b) if the person does not answer the question or gives an excuse the 18
officer reasonably believes is not a reasonable excuse--the officer 19
may-- 20
(i) tell the person that the officer is considering arresting the 21
person for obstruction; and 22
(ii) require the person to stop, or not repeat, the conduct; 23
(c) the officer may arrest the person without a warrant if the officer 24
reasonably believes-- 25
(i) the person has not complied with a requirement under 26
paragraph (b)(ii); and 27
32 Section 116 (Power to call police officer to help)
s 175 96 s 177
Workplace Health and Safety
(ii) proceedings by way of complaint and summons against the 1
person for an offence against section 173(1) would be 2
ineffective. 3
and principal contractor not to encourage refusal to 4
Employers
answer questions 5
175.(1) An employer must not encourage or influence, or attempt to 6
encourage or influence, by general direction, promise of advantage, threat of 7
dismissal or otherwise a worker of the employer to refuse to answer 8
questions put to the worker by an inspector. 9
Maximum penalty--40 penalty units. 10
(2) A principal contractor for a construction workplace must not 11
encourage or influence, or attempt to encourage or influence, by general 12
direction, promise of advantage, threat or otherwise an employer or worker 13
at the workplace to refuse to answer questions put to the employer or 14
worker by an inspector. 15
Maximum penalty--40 penalty units. 16
inspectors and others 17
Impersonating
176. A person must not pretend to be an inspector, accredited officer, 18
workplace health and safety officer or workplace health and safety 19
representative. 20
Maximum penalty--40 penalty units. 21
PART 14--GENERAL 22
1--Accredited officers 23
Division
24
Appointment
177.(1) The chief executive may appoint a person, whether or not an 25
s 178 97 s 179
Workplace Health and Safety
officer of the public service, to be an accredited officer. 1
(2) The chief executive may appoint a person as an accredited officer only 2
if-- 3
(a) the person-- 4
(i) satisfies the chief executive the person has the necessary 5
expertise or experience to be an accredited officer; or 6
(ii) the person has satisfactorily finished training approved by 7
the chief executive; and 8
(b) makes application for appointment in the way prescribed under a 9
regulation. 10
of accredited officers 11
Functions
178.(1) An accredited officer is subject to the chief executive's directions 12
in performing the accredited officer's functions. 13
(2) The functions of an accredited officer may be stated-- 14
(a) under a regulation; or 15
(b) under a condition of appointment; or 16
(c) by written notice given by the chief executive to the accredited 17
officer. 18
officer's appointment conditions 19
Accredited
179.(1) An accredited officer holds office on the conditions stated in the 20
instrument of appointment. 21
(2) An accredited officer-- 22
(a) if the appointment provides for a term of appointment--ceases 23
holding office at the end of the term; and 24
(b) if the conditions of appointment provide--ceases holding office 25
on ceasing to hold another office stated in the appointment 26
conditions; and 27
(c) may resign by signed notice of resignation given to the chief 28
executive. 29
s 180 98 s 183
Workplace Health and Safety
officer's identity card 1
Accredited
180.(1) The chief executive must give each accredited officer an identity 2
card. 3
(2) The identity card must-- 4
(a) contain a recent photo of the accredited officer; and 5
(b) be signed by the accredited officer; and 6
(c) identify the person as an accredited officer for this Act; and 7
(d) state an expiry date. 8
(3) A person who stops being an accredited officer must return the 9
person's identity card to the chief executive as soon as possible (but within 10
21 days) after the person stops being an accredited officer, unless the person 11
has a reasonable excuse. 12
Maximum penalty--10 penalty units. 13
or display of accredited officer's identity card 14
Production
181. An accredited officer must, if performing a function, produce the 15
officer's identity card for inspection if asked by any person to whom the 16
performance of the function is relevant. 17
of accredited officer's appointment 18
Revocation
182. The chief executive may revoke an accredited officer's 19
appointment.33 20
2--Miscellaneous 21
Division
from liability--officials 22
Protection
183.(1) In this section-- 23
"official" means-- 24
33 An accredited officer may appeal under section 152 against a decision to revoke
the officer's appointment.
s 184 99 s 185
Workplace Health and Safety
(a) the Minister; and 1
(b) the chief executive; and 2
(c) a member of a board of inquiry; and 3
(d) a member of the council or industry committee; and 4
(e) an inspector. 5
(2) An official is not civilly liable for an act done, or an omission made, 6
honestly and without negligence under this Act. 7
(3) If subsection (2) prevents a civil liability attaching to an official, the 8
liability attaches instead to the State. 9
from liability--others 10
Protection
184.(1) A workplace health and safety representative or a member of a 11
workplace health and safety committee is not civilly liable because of the 12
exercise of, or the failure to exercise, a health and safety entitlement under 13
part 7.34 14
(2) A workplace health and safety officer is not civilly liable because of 15
the performance of, or the failure to perform, a health and safety function 16
under part 8.35 17
of chief executive 18
Powers
185.(1) The chief executive may require-- 19
(a) a designer, manufacturer, importer or supplier of plant or 20
specified high risk plant to prevent the use of unsafe plant at a 21
workplace or elsewhere; or 22
(b) a manufacturer, importer or supplier of a substance to prevent the 23
use of an unsafe substance at a workplace or elsewhere. 24
(2) If the chief executive makes a requirement under subsection (1)-- 25
(a) the requirement must be given in writing to-- 26
34 Part 7 (Workplace consultative arrangements)
35 Part 8 (Workplace health and safety officers)
s 186 100 s 186
Workplace Health and Safety
(i) the designer, manufacturer, importer or supplier of the plant; 1
or 2
(ii) the manufacturer, importer or supplier of the substance; and 3
(b) the decision to give the requirement must be made by the chief 4
executive personally; and 5
(3) For this section, plant or a substance is "unsafe" if the chief 6
executive reasonably believes-- 7
(a) the plant or substance has caused, or is likely to cause, an 8
immediate risk to a person's health and safety; or 9
(b) appropriate information about the plant or substance is not 10
available. 11
(4) For subsection (3)(b), information is "appropriate" if-- 12
(a) for plant--the information states-- 13
(i) the use for which the plant has been designed and tested; and 14
(ii) the conditions (if any) that must be observed if the plant is to 15
be used safely and without risk to health; and 16
(b) for a substance--the information clearly identifies the substance 17
and states-- 18
(i) the precautions (if any) to be taken for the safe use of the 19
substance; and 20
(ii) the health hazards (if any) associated with the substance; and 21
(iii) the results of any tests relevant to the safe use of the 22
substance that have been carried out on or in relation to the 23
substance. 24
of person or thing from Act 25
Exemption
186.(1) A regulation may exempt a person or thing from this Act or any 26
of its provisions. 27
(2) The exemption may be given on stated conditions. 28
(3) If an exemption is given on conditions, the exemption operates only if 29
the conditions are complied with. 30
s 187 101 s 188
Workplace Health and Safety
PART 15--ADMINISTRATION 1
2
Delegations
187. The chief executive may delegate the chief executive's powers under 3
this Act to an inspector or officer or employee of the public service. 4
ART 16--REGULATIONS 5
P
6
Regulations
188.(1) The Governor in Council may make regulations under this Act. 7
(2) A regulation may be made about workplace health and safety, 8
including, for example, any of the following-- 9
(a) notification of building work, civil construction work and 10
demolition work; 11
(b) notification of injuries and dangerous events at workplaces; 12
(c) the registration of workplaces, plant and plant design; 13
(d) amenities for workplaces; 14
(e) the grant, endorsement, renewal, suspension or cancellation of 15
certificates or licences and the recognition of certificates or 16
licences granted by someone else; 17
(f) the experience or qualifications a person must have for a 18
certificate or licence; 19
(g) keeping documents and the time for which the documents must 20
be kept; 21
(h) the publication of analysis results; 22
(i) fees; 23
(j) keeping registers; 24
(k) costs payable in a proceeding under this Act; 25
s 189 102 s 190
Workplace Health and Safety
(l) fixing a penalty of not more than 30 penalty units for a 1
contravention of a regulation or compliance standard. 2
PART 17--TRANSITIONAL PROVISIONS AND 3
REPEALS 4
1--Definitions 5
Division
for part 6
Definitions
189.(1) In this part-- 7
"expiry day" means 1 January 1996 or, if a regulation provides, 1 July 8
1996. 9
"former Act" means the Workplace Health and Safety Act 1989. 10
(2) This section is a law to which the Acts Interpretation Act 1954, 11
section 20A applies. 12
(3) This division expires on 1 July 1996. 13
Division 2--Transitional matters 14
regulations 15
Existing
190.(1) A provision of the Workplace Health and Safety Regulation 1989 16
mentioned in subsection (4) and in force under the former Act immediately 17
before the commencement remains in force for this Act. 18
(2) The provision-- 19
(a) may be amended or repealed by a regulation under this Act; and 20
(b) is to be read with the changes necessary to make it consistent with 21
this Act and adapt its operation to the provisions of this Act. 22
(3) The provision expires on the expiry day unless earlier repealed. 23
s 191 103 s 191
Workplace Health and Safety
(4) The provisions are-- 1
· section 12 (Safeguards and safety measures to be taken by 2
principal contractor) 3
· part 10 (Construction and maintenance equipment) 4
· part 11 (Construction, alteration and removal of buildings and 5
structures) 6
· part 12 (Demolition work) 7
· part 13 (Excavations, trenches, caissons, cofferdams and tunnels) 8
· part 16 (Access provisions) 9
· part 17 (Electrical equipment and installations) 10
· part 18 (Cranes and hoists) 11
· part 19 (Confined spaces) 12
· part 27 (Hazardous substances) 13
· part 28 (Lead) 14
· part 29 (Asbestos) 15
· part 30 (Noise) 16
· part 31 (Spray painting) 17
· part 32 (Welding) 18
· part 33 (Foundry and abrasive blasting) 19
· part 34 (Compressed air) 20
· part 35 (Underwater diving) 21
· part 37 (Specified dangerous goods) 22
· part 38 (Air handling and water systems of buildings). 23
(5) This section expires on 1 July 1996. 24
of practice 25
Codes
191.(1) A code of practice approved under the former Act and in force at 26
the commencement is taken to be an advisory standard made under this Act 27
until the expiry day or its earlier repeal. 28
s 192 104 s 193
Workplace Health and Safety
(2) The code of practice-- 1
(a) may be amended or repealed by a regulation under this Act; and 2
(b) is to be read with the changes necessary to make it consistent with 3
this Act and adapt its operation to the provisions of this Act. 4
(3) This section expires on 1 July 1996. 5
exemptions 6
Existing
192.(1) An exemption notice mentioned in subsection (4) and in force 7
under the former Act immediately before the commencement remains in 8
force for this Act. 9
(2) The notice-- 10
(a) may be amended or repealed by a regulation under this Act; and 11
(b) is to be read with the changes necessary to make it consistent with 12
this Act and adapt its operation to the provisions of this Act. 13
(3) The notices expire on the expiry day unless earlier repealed. 14
(4) The notices are-- 15
· Notice of Exemption from Regulation 211(2) published in the 16
Industrial Gazette on 4 May 1991 at page 18 17
· Workplace Health and Safety (AC Sheeting) Exemption Notice 18
(No. 2) 1992, SL No. 285 19
· section 7 of the Workplace Health and Safety (Certificates) 20
Exemption Notice 1994, SL No. 267. 21
(4) This section expires on 1 July 1996. 22
industry workplace health and safety committees and 23
Existing
members of the committees 24
193.(1) An industry workplace health and safety committee established 25
under section 47 of the former Act and discharging functions immediately 26
before the commencement is taken to be an industry committee under this 27
Act until-- 28
(a) the period for which the committee was established expires; or 29
s 194 105 s 195
Workplace Health and Safety
(b) the Minister dissolves the committee. 1
(2) A person who immediately before the commencement was a 2
member of the committee continues, after the commencement, as a member 3
of the industry committee until-- 4
(a) the term for which the member was appointed under the former 5
Act expires; or 6
(b) the member's term is ended under this Act. 7
(3) This section is a law to which the Acts Interpretation Act 1954, 8
section 20A applies. 9
(4) This section expires on 1 July 1996. 10
health and safety officers 11
Existing
194.(1) A person who, immediately before the commencement, was a 12
health and safety officer designated as health and safety officer for a 13
workplace under section 58 of the former Act is taken-- 14
(a) to be the holder of a current certificate of authority for 15
appointment as a workplace health and safety officer under this 16
Act; and 17
(b) to have been appointed as the workplace health and safety officer 18
for the workplace under this Act at the commencement. 19
(2) The certificate of authority for appointment as a workplace health and 20
safety officer is taken to be current until the day 5 years after the day the 21
person received notice of having satisfactorily completed the course 22
mentioned in section 61(2) of the former Act. 23
(3) This section expires on 1 July 2000. 24
health and safety representatives 25
Existing
195.(1) A person who immediately before the commencement was a 26
health and safety representative for a workplace continues, after the 27
commencement, as the representative for the workplace under this Act until 28
the first of the following events happens-- 29
s 196 106 s 198
Workplace Health and Safety
(a) the person resigns as representative or stops being a worker at the 1
workplace; 2
(b) the majority of workers at the workplace otherwise decide. 3
(2) This section is a law to which the Acts Interpretation Act 1954, 4
section 20A applies. 5
(3) This section expires on 1 July 1996. 6
health and safety committees 7
Existing
196.(1) A health and safety committee established by an employer or 8
principal contractor under section 71 of the former Act and discharging 9
functions immediately before the commencement continues as the 10
workplace health and safety committee established by an employer or 11
principal contractor under this Act at the commencement. 12
(2) This section is a law to which the Acts Interpretation Act 1954, 13
section 20A applies. 14
(3) This section expires on 1 July 1996. 15
inspectors and acting inspectors 16
Existing
197.(1) A person who immediately before the commencement was an 17
inspector or acting inspector under the former Act is taken to be appointed 18
as an inspector under this Act. 19
(2) The appointment is, to the greatest practicable extent, subject to the 20
same conditions that applied to it immediately before the commencement. 21
(3) The appointment expires on-- 22
(a) 31 December 1995; or 23
(b) an earlier day provided for in the appointment. 24
(4) This section expires on 31 December 1995. 25
accredited officers 26
Existing
198. A person who immediately before the commencement was an 27
accredited officer under the former Act is taken to be appointed as an 28
s 199 107 s 200
Workplace Health and Safety
accredited officer under this Act. 1
(2) The appointment is, to the greatest practicable extent, subject to the 2
same conditions that applied to it immediately before the commencement. 3
(3) The appointment expires on-- 4
(a) 31 December 1995; or 5
(b) an earlier day provided for in the appointment. 6
(4) This section expires on 31 December 1995. 7
of improvement, prohibition and seizure notices 8
Continuation
199.(1) An improvement, prohibition or seizure notice issued under the 9
former Act and in force at the commencement continues to have effect, after 10
the commencement, as if it were given under this Act. 11
(2) An improvement, prohibition or seizure notice is to be read with the 12
changes necessary to make it consistent with this Act and adapt its operation 13
to the provisions of this Act. 14
(3) In this section-- 15
"prohibition notice" includes an oral direction given by an inspector under 16
section 91 of the former Act. 17
"seizure notice" means a notice in the prescribed form issued under 18
section 84(2) of the former Act. 19
(4) This section is a law to which the Acts Interpretation Act 1954, 20
section 20A applies. 21
(5) This section expires on 1 July 1996. 22
certificates 23
Existing
200.(1) A certificate to work in, or in a part of, an occupation prescribed 24
under the former Act and granted to a person under the former Act 25
continues in force under this Act. 26
(2) The certificate is, to the greatest practicable extent, subject to the same 27
conditions that applied to it immediately before the commencement. 28
s 201 108 s 203
Workplace Health and Safety
(3) This section is a law to which the Acts Interpretation Act 1954, 1
section 20A applies. 2
(4) This section expires on 1 July 1996. 3
registrations continue 4
Existing
201. A workplace or plant or the details of plant design that-- 5
(a) is required to be registered under this Act; and 6
(b) was registered under the former Act immediately before 7
commencement; 8
is taken to be registered under this Act. 9
(2) The registration of a workplace or plant continues in force until the 10
term of the registration ends. 11
(3) This section is a law to which the Acts Interpretation Act 1954, 12
section 20A applies. 13
(4) This section expires on 1 July 1996. 14
methods of work 15
Approved
202.(1) An approval of a method of work under section 136(2) of the 16
former Act and in force under the former Act immediately before the 17
commencement continues, for this Act, to have effect according to its terms 18
after the commencement. 19
(2) The approval of the method of work may be amended or repealed by 20
a regulation. 21
(3) The approval of the method of work expires on 1 July 1997 unless 22
earlier repealed or ended. 23
(4) This section expires on 1 July 1997. 24
exemptions under s 110(2)(b) of former Act 25
Existing
203.(1) An exemption given under section 110(2)(b) under the former 26
Act and in force immediately before the commencement remains in force 27
for this Act. 28
s 204 109 s 206
Workplace Health and Safety
(2) The exemption expires on the expiry day unless earlier repealed. 1
(3) This section is a law to which the Acts Interpretation Act 1954, 2
section 20A applies. 3
(4) This section expires on 1 July 1996. 4
under former Act may be continued 5
Appeals
204.(1) An appeal under the former Act not finally dealt with at the 6
commencement may be continued and dealt with under this Act. 7
(2) A right of appeal under the former Act at the commencement may be 8
exercised, within the time allowed under this Act for a similar appeal, and 9
dealt with under this Act after the commencement. 10
(3) This section expires on 1 January 1996. 11
regulations 12
Transitional
205.(1) A regulation may make provision about a matter for which-- 13
(a) provision is made under the former Act; and 14
(b) in the opinion of the Governor in Council, no provision, or 15
insufficient provision, is made about the matter under this part. 16
(2) A regulation made for this part may be given retrospective effect to a 17
day not earlier than the commencement. 18
(3) A regulation under subsection (1) and this section expire on 1 July 19
1996. 20
Division 3--Repeals 21
22
Repeals
206. The following Acts are repealed-- 23
· Workplace Health and Safety Act 1989 No. 63 24
· Workplace Health and Safety Act and Other Acts Amendment 25
Act 1990 No. 94. 26
110
Workplace Health and Safety
SCHEDULE 1 1
¡
IST OF OFFENCES AND PENALTIES 2
L
section 170(2) of the Act 3
of schedule 4
Purpose
1. The purpose of this schedule is to list, in a convenient form, the 5
penalties for offences under this Act. 6
of offences and penalties 7
List
2. The maximum penalty for a contravention of a provision mentioned in 8
column 1 is the penalty mentioned in column 2. 9
Column 1 Column 2 10
24(1)36 400 penalty units or 6 months imprisonment 11
73(3) 10 penalty units 12
76(1) 10 penalty units 13
77(1) 10 penalty units 14
77(2) 10 penalty units 15
77(3) 10 penalty units 16
79(2) 10 penalty units 17
80(1) 10 penalty units 18
80(2) 10 penalty units 19
86(3) 10 penalty units 20
86(4) 10 penalty units 21
93(1) 20 penalty units 22
36 Section 24 imposes the penalty for contraventions of the provisions of part 3,
divisions 2 and 3.
111
Workplace Health and Safety
SCHEDULE 1 (continued)
94(1) 20 penalty units 1
95(1) 10 penalty units 2
95(2) 10 penalty units 3
95(3) 10 penalty units 4
102(3) 10 penalty units 5
108(4) 40 penalty units 6
111(2) 40 penalty units 7
111(5) 40 penalty units 8
117(4) 40 penalty units 9
118(4) 40 penalty units or 6 months imprisonment 10
119(4) 200 penalty units or 6 months imprisonment 11
120(5) 10 penalty units 12
122(2) 10 penalty units 13
122(6) 10 penalty units 14
123(3) 40 penalty units 15
124(2) 20 penalty units 16
144(1) 30 penalty units 17
144(2) 30 penalty units 18
144(3) 30 penalty units 19
145 30 penalty units 20
167(2) penalty for the contravention of the provision by an individual 21
171(1) 30 penalty units 22
172(1) 30 penalty units 23
172(3) 30 penalty units 24
173 40 penalty units 25
175(1) 40 penalty units 26
112
Workplace Health and Safety
SCHEDULE 1 (continued)
175(2) 40 penalty units 1
176 40 penalty units 2
180(3) 10 penalty units 3
4
113
Workplace Health and Safety
SCHEDULE 2 1
¡
PECIFIED HIGH RISK PLANT 2
S
sch 3, definition "specified high risk plant" of the Act 3
Meaning of "specified high risk plant" 4
1. The following items of plant are specified high risk plant-- 5
· airconditioning unit 6
· amusement device 7
· cooling tower 8
· escalator 9
· gas cylinder 10
· lift. 11
Definitions for schedule 12
2. In this schedule-- 13
"airconditioning unit" means a unit of plant that provides airconditioning 14
and that either-- 15
(a) incorporates a cooling tower; or 16
(b) consists of 1 or more compressors and the power rating required 17
for operation of the airconditioning unit is 50 kW or more. 18
"amusement device" means a device-- 19
(a) used for commercial purposes; and 20
(b) used or designed to be used for amusement, games, recreation, 21
sightseeing or entertainment, and on which persons may be 22
carried, raised, lowered or supported by any part of the device 23
(including, for example, any car, carriage, platform, cage, boat, 24
plank, chair, seat or thing) while the part, car, carriage, platform, 25
cage, boat, plank, chair, seat or thing is in motion. 26
114
Workplace Health and Safety
SCHEDULE 2 (continued)
"cooling tower" means a device for lowering the temperature of water by 1
evaporative cooling in which atmospheric air passes through sprayed 2
water exchanging heat, and includes a device incorporating a refrigerant 3
or water heat exchanger. 4
"escalator" means a power driven inclined continuous stairway used for 5
raising or lowering passengers, and includes a moving walkway. 6
"gas cylinder" means a cylinder with a water capacity of more than 0.1 kg, 7
but not more 500 kg, that contains liquefied petroleum gas under 8
pressure. 9
"lift" means any machinery-- 10
(a) having a platform or cage the direction or movement of which is 11
restricted by a guide or guides; and 12
(b) used or designed for use for raising or lowering persons, goods 13
or materials (and includes any and all machinery, supports, and 14
enclosures) and all equipment of them (whether or not detachable) 15
used or designed for use for operating a lift. 16
17
115
Workplace Health and Safety
SCHEDULE 3 1
¡
DICTIONARY 2
section 8 of the Act 3
"airconditioning unit" see schedule 2. 4
"amusement device" see schedule 2. 5
"approved form" means a form approved by the chief executive. 6
"area of representation", for a workplace health and safety representative, 7
see section 69. 8
"at" a place includes in or on a place. 9
"building work" means work to erect, construct, extend or structurally 10
alter a building or part of a building if the estimated final price at 11
practical completion is more than $40 000 or, if a greater amount is 12
prescribed under a regulation, the greater amount. 13
"certificate" means a certificate given under this Act. 14
"civil construction work" means work to-- 15
(a) construct a road or highway or erect associated works; or 16
(b) construct a railway or erect associated works; or 17
(c) construct or erect a harbour or associated works; or 18
(d) construct or erect a water storage or supply system or associated 19
works; or 20
(e) construct a sewerage or drainage system or associated works; or 21
(f) construct or erect an electricity or gas generation, transmission or 22
distribution structure or associated works; or 23
(g) construct a park or recreation ground, including, for example, a 24
golf course, playing field, racecourse or swimming pool or 25
associated works; or 26
(h) erect a telecommunications structure or associated works; or 27
116
Workplace Health and Safety
SCHEDULE 3 (continued)
(i) construct production, storage and distribution facilities for heavy 1
industry, refineries, pumping stations, or mines or associated 2
works; or 3
(j) construct or structurally alter a bridge or associated works; 4
if the estimated final price of the work at practical completion is more 5
than $40 000 or another amount prescribed by regulation. 6
"compliance standard" includes special compliance standard. 7
"construction workplace" see section 14. 8
"conviction" includes a finding of guilt, and the acceptance of a plea of 9
guilty by a court. 10
"cooling tower" see schedule 2. 11
"council" means the Workplace Health and Safety Council. 12
"co-workers", for part 7, see section 66. 13
"dangerous event" means an event at a workplace involving imminent risk 14
of explosion, fire or serious bodily injury. 15
"deal with" includes sell, dispose of and destroy. 16
"demolition work" means work to demolish or dismantle systematically a 17
building or other structure, or part of a building or other structure, but 18
does not include the systematic dismantling of a part of a building or 19
other structure for alteration, maintenance, remodelling or repair. 20
"domestic premises" means premises usually occupied as a private 21
dwelling house. 22
"employer" see section 10. 23
"escalator" see schedule 2. 24
"executive officer", of a corporation, means a person who is concerned 25
with, or takes part in, the corporation's management, whether or not 26
the person is a director or the person's position is given the name of 27
executive officer. 28
"fee" includes tax. 29
117
Workplace Health and Safety
SCHEDULE 3 (continued)
"gas cylinder" see schedule 2. 1
"improvement notice" see section 117. 2
"inspector" means a person who is appointed under this Act as an 3
inspector. 4
"lift" see schedule 2. 5
"obstruct" includes hinder, resist and attempt to obstruct. 6
"occupier", of a place, includes a person who reasonably appears to be the 7
occupier, or in charge, of the place. 8
"owner" includes-- 9
(a) the person from whom a thing was seized unless the chief 10
executive is aware of its actual owner; and 11
(b) a mortgagee in possession; and 12
(c) a lessee. 13
"personal protective equipment" includes any clothing, equipment and 14
substance designed-- 15
(a) to be worn by a person; and 16
(b) to protect the person from risks of injury or disease. 17
"place" includes land, a building, another structure or installation, a road, a 18
vehicle, a tent or marquee, or any other place (even if the place is in a 19
natural or undeveloped state) whether the place is on or under the water 20
or on the bed of any waters. 21
"plant" includes-- 22
(a) machinery, equipment, appliance, pressure vessel, implement and 23
tool; and 24
(b) personal protective equipment; and 25
(c) a component of plant and a fitting, connection, accessory or 26
adjunct to plant. 27
"principal contractor" see section 13. 28
118
Workplace Health and Safety
SCHEDULE 3 (continued)
"prohibition notice" see section 118. 1
"public place" means a place the public is entitled to use, is open to the 2
public or is used by the public, whether or not on payment of money. 3
"qualified person", for part 8, see section 92. 4
"reasonably believes" means believes on grounds that are reasonable in all 5
the circumstances. 6
"reasonably suspects" means suspects on grounds that are reasonable in 7
all the circumstances. 8
"relevant place", in part 3, division 2, means-- 9
(a) for plant other than specified high risk plant--a workplace; or 10
(b) for specified high risk plant--any place, whether or not a 11
workplace. 12
"review decision", for part 11, see section 150. 13
"risk" means risk of injury or disease. 14
"self-employed person" see section 12. 15
"serious bodily injury" means an injury-- 16
(a) that causes death; or 17
(b) impairs a person to such an extent that as a consequence of the 18
injury the person becomes an overnight or longer stay patient in a 19
hospital. 20
"specified high risk plant" see schedule 2. 21
"standard" means a compliance or advisory standard. 22
"substance" means any natural or artificial substance, whether in solid or 23
liquid form or in the form of a gas or vapour. 24
"undertaking" includes business and work activity. 25
"union", for part 7, see section 66. 26
"used properly", for plant or a substance, see section 15. 27
"vehicle" includes ship, boat and aircraft. 28
119
Workplace Health and Safety
SCHEDULE 3 (continued)
"work caused illness" means-- 1
(a) a disease that is contracted by an employer, self-employed person 2
or worker (a "person") in the course of doing work and to which 3
the work was a contributing factor; or 4
(b) the recurrence, aggravation, acceleration, exacerbation or 5
deterioration in a person of an existing disease in the course of 6
doing work to which the work was a contributing factor to the 7
recurrence, aggravation, acceleration, exacerbation or 8
deterioration. 9
"worker" see section 11. 10
"work injury" means-- 11
(a) an injury to an employer, self-employed person or worker (a 12
"person") in the course of doing work that requires first aid or 13
medical treatment; or 14
(b) the recurrence, aggravation, acceleration, exacerbation or 15
deterioration of any existing injury in a person in the course of 16
doing work-- 17
(i) that requires first aid or medical treatment; and 18
(ii) to which the work was a contributing factor to the 19
recurrence, aggravation, acceleration, exacerbation or 20
deterioration. 21
"workplace" see section 9. 22
"workplace activity" includes-- 23
(a) work at a workplace; and 24
(b) workplace operations. 25
"workplace health and safety obligation" means an obligation imposed 26
under part 3. 27
"workplace health and safety officer" means a person who-- 28
(a) holds a current authority for appointment as a workplace health 29
and safety officer; and 30
120
Workplace Health and Safety
SCHEDULE 3 (continued)
(b) is appointed as a workplace health and safety officer by-- 1
(i) an employer for the employer's workplace; or 2
(ii) a principal contractor. 3
"workplace health and safety representative" see section 67. 4
"workplace incident" means-- 5
(a) an incident resulting in a person suffering serious bodily injury 6
that must be notified to the chief executive under a regulation; or 7
(b) a work caused illness that must be notified to the chief executive 8
under a regulation; or 9
(c) a dangerous event that must be notified to the chief executive 10
under a regulation; or 11
(d) another matter decided by the Minister to be a workplace incident. 12
13
© State of Queensland 1995
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