Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) For the purpose of preventing injuries to, and risks to the health of, employees, contractors, persons engaged by a contractor and any other person at a workplace, the Director, by notice in writing served on an employer or responsible officer, may –
(a) direct the employer or responsible officer to take such steps as the Director may consider necessary and are specified in the notice; or
(b) direct that any specified plant, equipment, appliance or substance must not be used in or in connection with, or stored at, the workplace specified in the notice.
(2) Without limiting subsection (1), a notice may require that an employer or responsible officer must so far as is reasonably practicable do all or any, or a combination of all or any, of the following:
(a) monitor the health of persons employed or engaged at the workplace;
(b) keep information and records relating to the health and safety of those persons;
(c) employ or engage a person who, being suitably qualified in relation to occupational health and safety, is able to provide advice to the employer in relation to the health and safety of those persons;
(d) monitor at a workplace under the employer's control or management conditions likely to affect the health and safety of any person;
(da) prepare and implement a safety management plan that conforms with relevant standards of any prescribed authority;
(e) prepare a written health and safety policy.
(3) An employer or responsible officer on whom the notice is served must comply with the notice.
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 500 penalty units and a daily fine not exceeding 50 penalty units for each day that the body corporate fails to comply with the notice; and
(b) a natural person, a fine not exceeding 200 penalty units and a daily fine not exceeding 20 penalty units for each day that the person fails to comply with the notice.
(4) Where an employer or responsible officer is required under this section –
the employer or responsible officer, at the request of the person whose health was monitored, must make the results of that monitoring or the information available to that person or a person authorised in writing by that person to receive or examine the monitoring or information.(a) to monitor the health of persons employed or engaged at the workplace or the conditions at a workplace under the employer's control or management; or
(b) to keep information and records relating to the health and safety of those persons –
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 100 penalty units; and
(b) a natural person, a fine not exceeding 50 penalty units.
(5) An employer or responsible officer must so far as is reasonably practicable –
(a) provide such information (other than information referred to in subsection (4)) as an employee employed by the employer requests relating to health and safety at any workplaces under the employer's control or management; and
(b) consult with the relevant employees about the development of measures to promote health and safety at any workplaces under the employer's control or management.
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 100 penalty units; and
(b) a natural person, a fine not exceeding 50 penalty units.
(6) Nothing in subsection (4) is to be taken to require or authorise an employer or responsible officer to make available to the person requesting the results or information any information or record relating to the health of any other person except with the permission in writing of that other person.
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