OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Objects of Act
• 4 Interpretation
• 5 Application of Act
• 6 Non-derogation

PART 2--The SafeWork SA Advisory Committee

Division 1--Establishment of Advisory Committee

• 7 Establishment of Advisory Committee

Division 2--The Advisory Committee's membership

• 8 Composition of the Advisory Committee
• 9 Terms and conditions of office
• 10 Allowances and expenses
• 11 Validity of acts

Division 3--Proceedings

• 12 Proceedings
• 12A Conflict of interest under Public Sector (Honesty and Accountability) Act

Division 4--Functions and powers

• 13 Functions of the Advisory Committee

Division 5--Use of staff and facilities

• 14 Use of staff and facilities

Division 6--Related matters

• 15 Confidentiality
• 16 Annual report

PART 3--General provisions relating to occupational health, safety and welfare

• 19 Duties of employers
• 20 Employers' statements for health and safety at work
• 21 Duties of workers
• 22 Duties of employers and self-employed persons
• 23 Duties of occupiers
• 23A Duties of designers and owners of buildings
• 24 Duties of manufacturers etc
• 24A Duties of owners of plant
• 25 Duties applicable to all persons

PART 4--Health and safety representatives and committees

Division 1--Preliminary

• 26 Preliminary

Division 2--Appointment of health and safety representatives and committees

• 26A Interpretation
• 27 Health and safety representatives may represent groups
• 28 Election of health and safety representatives
• 29 Election of a deputy health and safety representative
• 30 Term of office of a health and safety representative
• 31 Health and safety committees

Division 2A--Training

• 31A Training of health and safety representatives, deputies and committee members
• 31B Maintenance of pay and reimbursement of expenses
• 31C Guidelines

Division 3--Functions of health and safety representatives and committees

• 32 Functions of health and safety representatives
• 33 Functions of health and safety committees
• 34 Responsibilities of employers

Division 4--Resolution of health, safety or welfare issues

• 35 Default notices
• 36 Action where the health and safety of a worker is threatened
• 37 Attendance by inspector
• 37A Division not to derogate from other referrals to an inspector

PART 5--Inspections

• 38 Powers of entry and inspection

PART 6--Improvement notices and prohibition notices

• 39 Improvement notices
• 40 Prohibition notices
• 41 Notices to be displayed
• 42 Review of notices
• 43 Powers of committee on review
• 44 Worker's entitlement to pay while notice is in force
• 45 Action on default

PART 7--Review committees

• 46 Review committees
• 47 Constitution of review committees
• 48 Procedures of the committee
• 49 Appeals
• 50 Immunity of members

PART 8--Miscellaneous

• 52 Inspector to produce certificate of authority
• 53 Delegation
• 54 Power to require information
• 54A Provision of information by WorkCover
• 55 Confidentiality
• 55A Inappropriate behaviour towards an employee
• 56 Discrimination against workers
• 57 Assignment of workers during a cessation of work
• 58 Offences
• 59 Offence to endanger persons in workplaces
• 59A Imputation of conduct or state of mind of officer, employee etc
• 59B Statement of officer evidence against body corporate
• 59C Liability of officers of body corporate
• 60 Continuing or repeated offences
• 60A Non-pecuniary penalties
• 61 Offences by bodies corporate
• 62 Health and safety in the public sector
• 63 Code of practice
• 63A Use of codes of practice in proceedings
• 64 Evidentiary provision
• 66 Modifications of regulations
• 67 Exemption from Act
• 67A Registration of employers
• 67B Portion of WorkCover levy to be used to improve occupational health and safety
• 67C Five-yearly reports
• 68 Consultation on regulations
• 69 Regulations
Schedule 1--Regulations Schedule 2--Extension of Act to specified plant
• SCHEDULE 3--The Mining and Quarrying Occupational Health and Safety