OCCUPATIONAL HEALTH AND SAFETY ACT 2004

Victorian Consolidated Legislation

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004

No. 107 of 2004
Version incorporating amendments as at 16 January 2012

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Objects
3. Commencement
4. The principles of health and safety protection
5. Definitions
6. Act binds the Crown

PART 2-THE AUTHORITY

Division 1-General functions and powers

7. Functions of the Authority
8. Powers of the Authority

Division 2-Power to obtain information

9. Power to obtain information
10. Restrictions on disclosure of information
11. Circumstances in which information may be disclosed

Division 3-Power to make guidelines

12. Power to make guidelines
13. How guidelines are made
14. Withdrawal of guidelines
15. Guidelines do not affect rights and duties etc.

Division 4-Power to accept undertakings relating to
contraventions

16. Authority may accept undertakings
17. Enforcement of undertakings

Division 5-Power to give advice on compliance

18. Power to give advice on compliance

Division 6-Occupational Health and Safety Advisory Committee

19. Occupational Health and Safety Advisory Committee

PART 3-GENERAL DUTIES RELATING TO HEALTH AND SAFETY

Division 1-The concept of ensuring health and safety

20. The concept of ensuring health and safety

Division 2-Main duties of employers

21. Duties of employers to employees
22. Duties of employers to monitor health and conditions etc.
23. Duties of employers to other persons

Division 3-Duties of self-employed persons

24. Duties of self-employed persons to other persons

Division 4-Duties of employees

25. Duties of employees

Division 5-Duties of other persons

26. Duties of persons who manage or control workplaces
27. Duties of designers of plant
28. Duties of designers of buildings or structures
29. Duties of manufacturers of plant or substances
30. Duties of suppliers of plant or substances
31. Duties of persons installing, erecting or commissioning plant
32. Duty not to recklessly endanger persons at workplaces

Division 6-Other matters

33. Single charge for multiple contraventions of certain duties
34. Civil liability not affected by this Part

PART 4-DUTY OF EMPLOYERS TO CONSULT

35. Duty of employers to consult with employees
36. How employees are to be consulted

PART 5-DUTIES RELATING TO INCIDENTS

37. Incidents to which this Part applies
38. Duty to notify of incidents
39. Duty to preserve incident sites

PART 6-LICENCES, REGISTRATION, PERMITS AND
OTHER REQUIREMENTS

40. Requirements for licence or registration
41. Requirements for prescribed qualifications or experience
42. Requirements for permit or certificate of competency

PART 7-REPRESENTATION OF EMPLOYEES

Division 1-Grouping of employees

43. Establishment of designated work groups
44. Negotiation of agreement concerning designated work groups
45. Determination by inspector of unresolved particulars
46. Matters to be taken into account

Division 2-Grouping of employees of multiple employers

47. Establishment of designated work groups of multiple
employers
48. Negotiation of agreement for designated work groups of
multiple employers
49. Matters to be taken into account
50. Guidelines for negotiations involving multiple employers
51. Withdrawal from negotiations or agreement involving
multiple employers
52. Effect of Division on other arrangements

Division 3-Prohibition on coercion relating to designated work groups

53. Prohibition on coercion

Division 4-Health and safety representatives

54. Election of health and safety representatives
55. Term of office
56. Disqualification of health and safety representatives
57. Deputy health and safety representatives

Division 5-Powers of health and safety representatives

58. Powers of health and safety representatives
59. Powers generally limited to the particular designated work
group
60. Provisional improvement notices
61. Provisional improvement notices may include directions
62. Offence to contravene a provisional improvement notice
63. Attendance of inspector at workplace after issue of provisional improvement notice
64. Service of provisional improvement notice or inspector's
notice
65. Formal irregularities or defects in provisional improvement notices
66. Proceedings for offences not affected by notices

Division 6-Obligations of employers to health and safety representatives

67. Obligation to train health and safety representatives
68. Obligation to share costs if multiple employers
69. Other obligations of employers to health and safety representatives
70. Obligation to persons assisting health and safety
representatives
71. Obligation to keep list of health and safety representatives

Division 7-Health and safety committees

72. Health and safety committees

Division 8-Resolution of health and safety issues

73. Resolution of health and safety issues
74. Direction to cease work
75. Inspector may be required to attend workplace

Division 9-Discrimination against employees or prospective employees
Subdivision 1-Criminal offences and proceedings

76. Prohibition on discrimination
77. Accused bears onus of proof
78. Order for damages or reinstatement
Subdivision 2-Civil actions for discriminatory conduct
78A. Prohibition of discriminatory conduct
78B. Prohibited reasons
78C. Prohibition of authorising or assisting discriminatory conduct
78D. Civil action for discriminatory conduct
78E. Procedure for actions for discriminatory conduct

PART 8-AUTHORISED REPRESENTATIVES OF
REGISTERED EMPLOYEE ORGANISATIONS

Division 1-Definitions

79. Definitions relating to registered employee organisations

Division 2-Entry permits

80. Limit on number of entry permits held by authorised representatives
81. Who may hold an entry permit
82. Courses of training for authorised representatives
83. Issue of entry permits
84. Expiry of entry permits
85. Revocation and disqualification
86. Return of expired or revoked entry permits

Division 3-Entry by authorised representatives

87. Entry powers of authorised representatives
88. Announcement on entry
89. Powers on entry
90. Limitations on exercise of powers

Division 4-Offences relating to authorised representatives

91. Offences by authorised representatives
92. Loss or damage caused by authorised representative
93. Offence to obstruct etc. authorised representative
94. Offence to impersonate authorised representative

PART 9-INSPECTORS AND ENFORCEMENT

Division 1-Appointment of inspectors

95. Appointment of inspectors
96. Identity cards

Division 2-Performance of functions or exercise of powers

97. Inspectors subject to Authority's directions

Division 3-Powers relating to entry

98. Power to enter
99. General powers on entry
100. Power to require production of documents etc.
101. Power to take samples

Division 4-Procedure relating to entry

102. Announcement on entry
103. Report to be given about entry

Division 5-Search warrants

104. Issue of search warrants
105. Announcement before entry on warrant
106. Copy of warrant to be given to occupier

Division 6-Limitation on entry powers

107. Places used for residential purposes

Division 7-Return and forfeiture of seized things

108. Return of seized things
109. Forfeiture of seized things

Division 8-Powers to issue notices

110. Power to issue non-disturbance notice
111. Power to issue improvement notice
112. Power to issue prohibition notice
113. Directions or conditions in notices
114. Variation or cancellation of notices
115. Service of notices
116. Formal irregularities or defects in notices
117. Proceedings for offences not affected by notices
118. Injunctions for non-compliance with notices

Division 9-Other powers

119. Power to require name and address
120. Power to give directions

Division 10-Other matters

121. Persons who must assist inspector
122. Other assistance in exercising powers
123. Inspector may take affidavits
124. Inspector may copy documents

Division 11-Offences

125. Offences in relation to inspections
126. Offence to impersonate inspector

PART 10-REVIEW OF DECISIONS

127. Which decisions are reviewable
128. Internal review
129. Review by the Tribunal

PART 11-LEGAL PROCEEDINGS

Division 1-General matters

130. Proceedings may be brought by the Authority or inspectors
131. Procedure if prosecution is not brought
132. Limitation period for prosecutions
133. Judicial notice of Minister's signature etc.
134. Evidence of certain matters

Division 2-Sentencing for offences

135. Adverse publicity orders
136. Orders to undertake improvement projects
137. Release on the giving of a health and safety undertaking
138. Variation or contravention of orders under section 137.

Division 3-Infringement notices

139. Infringement notices
140-142. Repealed

Division 4-Offences by bodies corporate

143. Imputing conduct to bodies corporate
144. Liability of officers of bodies corporate

Division 5-Offences by partnerships and unincorporated bodies
or associations

145. Liability of officers of partnerships and unincorporated bodies
or associations

Division 6-Proceedings against the Crown

146. Responsible agency for the Crown
147. Infringement and other notices may be issued to the Crown
148. Proceedings against successors to public bodies

PART 12-COMPLIANCE CODES

149. Compliance codes
150. Effect of compliance codes
151. Disallowance of certain compliance code orders

PART 13-OTHER MATTERS

151A. Contributions by non-WorkCover employers to the WorkCover Authority Fund
151B. Provision of return by non-WorkCover employers
151C. Authority may require non-WorkCover employer to
provide further information
151D. Authority may require information from non-WorkCover employers
151E. Authority may require non-WorkCover employer to
facilitate the provision of information
151F. Application of sections 151A to 151E.
152. Effect of compliance with regulations or compliance codes
153. Offence to give false or misleading information
154. Protection against self-incrimination
155. Legal professional privilege and client legal privilege not affected
156. Delegation by the Minister
157. Responsibility for activities carried out under the Offshore Petroleum and Greenhouse Gas Storage Act
158. Regulations

PART 14-REPEAL OF OLD ACT AND TRANSITIONAL PROVISIONS

Division 1-Repeal of Occupational Health and Safety Act 1985.

159. Repeal

Division 2-Transitional provisions

160. Definition of old Act
161. No effect on Interpretation of Legislation Act 1984.
162. Limitation on duties of designers of buildings or structures
163. Continuation of designated work groups
164. Continuation of health and safety representatives
165. Continuation of health and safety committees
166. Continuation of inspectors
167. Inspectors' powers relating to offences committed before commencement
168. Use of codes of practice in proceedings
169. Treatment of improvement notices, prohibition notices and certain directions
170. Things done under the old Act
171. Proceedings for offences against old Act
172. Continuation of certain regulations
173. Occupational Health and Safety (Asbestos) Regulations 2003.
174. Occupational Health and Safety (Major Hazard Facilities) Regulations 2000.
175. Offences against certain regulations
176. Regulations dealing with transitional matters
177. Proceedings for contravention of section 78A or 78C.

PART 15-Repealed

178-186. Repealed
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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