South Australian Consolidated Acts

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 37

37—Attendance by inspector

        (1)         Where a matter is referred to an inspector under this Division, the inspector must attend at the workplace as soon as possible but in any event—

            (a)         if a direction has been given that work cease—

                  (i)         where the workplace is within the metropolitan area—within 1 business day;

                  (ii)         where the workplace is outside the metropolitan area—within 2 business days; or

            (b)         in any other case—within 7 business days.

        (2)         An inspector—

            (a)         must attempt to resolve any occupational health, safety or welfare matter that remains unresolved; and

            (b)         if a default notice has been issued, may—

                  (i)         confirm the notice; or

                  (ii)         confirm the notice with such modifications as the inspector thinks fit; or

                  (iii)         cancel the notice; and

            (c)         if the inspector thinks fit, may issue a prohibition notice or an improvement notice; and

            (d)         may make such recommendations or take such other action as appear appropriate.

        (3)         Where a work cessation direction was given and an inspector determines that there was an immediate threat to health or safety justifying a cessation of work or that the health and safety representative reasonably believed that such a threat existed, any employee employed in the work who is remunerated by wages or salary is entitled to be paid for the period of cessation so as not to suffer a loss of income.

        (4)         Where an inspector confirms a default notice or confirms such a notice with modifications, the inspector must order the person to whom the notice was addressed to comply with the notice within a period specified by the inspector.

        (5)         A person who contravenes or fails to comply with a default notice that is confirmed by an inspector within the period specified by the inspector is guilty of an offence.

Maximum penalty: Division 3 fine.

        (6)         An employer, employee or health and safety representative who is dissatisfied with the actions of an inspector under this section may apply to the President of the Industrial Court for the determination of the matter by a review committee.

        (7)         At the conclusion of a review under this section, a review committee may give such directions as it thinks fit.

        (8)         A person must not contravene or fail to comply with a direction of a review committee within any period specified by the review committee.