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OCCUPATIONAL SAFETY AND HEALTH ACT 1984


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   3A.     Penalty levels defined
            
   3B.     Offences, first and subsequent
            
   4.      Application of this Act
            
   4A.     Act does not operate to affect adversely certain police operations
            
   5.      Objects

   PART II -- Commission for Occupational Safety and Health  

   6.      Commission, creation, membership of etc.
            
   6A.     Deputy chairperson
            
   7.      Acting members
            
   8.      Terms and conditions of appointed members
            
   9.      WorkSafe Western Australia Commissioner
            
   10.     Vacation of office
            
   11.     Leave of absence
            
   12.     Casual vacancies
            
   13.     Meetings of Commission
            
   14.     Functions of Commission
            
   14A.    Mining Industry Advisory Committee
            
   15.     Other advisory committees, appointment of etc.
            
   16.     Annual report
            
   17.     Staff to assist Commission
            
   18.     Commissioner and department

   PART III -- General provisions relating to occupational safety and health

           Division 1 -- Preliminary  

   18A.    Meaning of gross negligence in relation to certain breaches of this Part

           Division 2 -- General workplace duties  

   19.     Duties of employers
            
   19A.    Breaches of s. 19(1)
            
   20.     Duties of employees
            
   20A.    Breaches of s. 20(1) or (3)
            
   21.     Duties of employers and self-employed persons
            
   21A.    Breaches of s. 21
            
   21B.    Duty of body corporate to which s. 23D, 23E or 23F applies
            
   21C.    Breaches of s. 21B
            
   22.     Duties of persons who have control of workplaces
            
   22A.    Breaches of s. 22(1)
            
   23.     Duties of manufacturers etc.
            
   23AA.   Breaches of s. 23
            
   23A.    Prohibited activities in prescribed areas
            
   23B.    Breaches of s. 23A

           Division 3 -- Certain workplace situations to be treated as employment  

   23C.    Terms used
            
   23D.    Contract work arrangements
            
   23E.    Labour arrangements in general
            
   23F.    Labour hire arrangements

           Division 4 -- Duty relating to certain employment accommodation  

   23G.    Duty of employer to maintain safe premises
            
   23H.    Breaches of s. 23G

           Division 5 -- Other duties  

   23I.    Notification of deaths, injuries and diseases
            
   23J.    Breaches of s. 23I
            
   23K.    Duty to inform employee who reports hazard or injury
            
   23L.    Notification of hazard to person having control of workplace

           Division 6 -- Resolution of workplace issues, and refusal to work on grounds of risk  

   24.     Resolution of issues at workplace
            
   25.     Inspector may be notified where issues unresolved
            
   26.     Refusal by employees to work in certain cases
            
   27.     Assignment of other work
            
   28.     Entitlements to continue
            
   28A.    Offences -- refusal to work

   PART IV -- Safety and health representatives and committees

           Division 1 -- Safety and health representatives  

   29.     Notices requiring election of safety and health representatives
            
   30.     Consultation on matters relevant to elections
            
   30A.    Election scheme may be established
            
   30B.    What may be included in a scheme
            
   30C.    Appointment of further delegates may be required
            
   31.     Election of safety and health representatives
            
   32.     Terms of office of representatives
            
   33.     Functions of safety and health representatives
            
   34.     Disqualification of safety and health representatives
            
   35.     Duties of employers in relation to safety and health representatives
            
   35A.    Discrimination against safety and health representative in relation to employment
            
   35B.    Discrimination against safety and health representative in relation to contract for services
            
   35C.    Claims under s. 35A or 35B may be referred to Tribunal
            
   35D.    Remedies that Tribunal may grant

           Division 2 -- Safety and health committees  

   36.     Terms used
            
   37.     Employees to appoint representatives
            
   38.     When employer must establish safety and health committee
            
   39.     Request for establishment of safety and health committee
            
   39A.    Commissioner may decide if s. 39 request should be obeyed
            
   39B.    Employer may establish safety and health committee
            
   39C.    Safety and health committee, agreement as to members etc.
            
   39D.    Commissioner may determine matters for s. 39C agreement
            
   39E.    Functions of committee may cover more than one workplace
            
   39F.    Amendment of s. 39C agreement; abolition of committee
            
   39G.    Review of Commissioner’s decisions made under s. 39A, 39D or 39F
            
   40.     Functions of safety and health committees
            
   41.     Procedures

   PART V -- Inspectors  

   41A.    Terms used
            
   42.     Appointment of inspectors
            
   42A.    Appointment of restricted inspectors
            
   42B.    Functions of restricted inspector
            
   42C.    Certificate of appointment
            
   43.     Powers of inspectors
            
   44.     Interpreters
            
   45.     Notification by inspector
            
   46.     Samples
            
   47.     Offences

   PART VI -- Improvement and prohibition notices

           Division 1 -- Issue of notices by inspector  

   47A.    Terms used
            
   48.     Improvement notices, issue and effect of
            
   49.     Prohibition notices, issue and effect of
            
   50.     Notices may include directions
            
   50A.    Notices may be issued to Crown
            
   51.     Review of notices by Commissioner
            
   51AA.   Commissioner may cancel notice on own initiative
            
   51A.    Review of notices by Tribunal

           Division 2 -- Issue of provisional improvement notices by safety and health representative  

   51AB.   Term used: qualified representative
            
   51AC.   Provisional improvement notices, issue of
            
   51AD.   Consultation required before notice issued
            
   51AE.   Contents of notice
            
   51AF.   Notices may include directions
            
   51AG.   Failure to comply with notice
            
   51AH.   Review of notice by inspector

   PART VIA -- Safety and health magistrates  

   51B.    Safety and health magistrates
            
   51C.    Jurisdiction of safety and health magistrate
            
   51E.    Administrative arrangements

   PART VIB -- Occupational Safety and Health Tribunal  

   51F.    Terms used
            
   51G.    Industrial Relations Commission to be called Occupational Safety and Health Tribunal when exercising jurisdiction under this Act
            
   51H.    Jurisdiction to be exercised by commissioner with requisite qualifications
            
   51I.    Practice, procedure and appeals
            
   51J.    Conciliation
            
   51K.    Certain matters to be heard together

   PART VII -- Legal proceedings

           Division 1 -- General provisions  

   52.     Prosecutions
            
   53.     Evidentiary provisions
            
   54.     General penalty
            
   54A.    Continuing offences
            
   54B.    Appeals
            
   55.     Offences by bodies corporate
            
   55A.    No double jeopardy

           Division 2 -- Criminal proceedings against the Crown  

   55B.    Crown may be prosecuted
            
   55C.    Prosecution against body corporate
            
   55D.    Prosecution in other cases
            
   55E.    Provisions applicable to responsible agency
            
   55F.    Proceedings where agency has ceased to exist
            
   55G.    Penalties in proceedings against Crown

           Division 3 -- Undertaking by offender in lieu of payment of fine  

   55H.    Terms used
            
   55I.    Court may order offender to elect to pay fine or enter into undertaking
            
   55J.    Making of election
            
   55K.    Failure to enter into undertaking
            
   55L.    Time for payment of fines
            
   55M.    Nature and terms of undertaking
            
   55N.    What may be included in undertaking
            
   55O.    Effect of undertaking
            
   55P.    Failure to comply with undertaking
            
   55Q.    Amendment of undertaking
            
   55R.    Undertaking may be published

   PART VIII -- Miscellaneous  

   56.     Discrimination
            
   57.     Codes of practice
            
   57A.    Visitors to workplaces to comply with directions
            
   58.     Governor may transfer administration of certain laws to Minister
            
   59.     Protection of Commissioner etc. from personal liability
            
   60.     Regulations
            
   61A.    Review of Commissioner’s decisions under regulations
            
   61.      Review of Act
           SCHEDULE 1 -- Subject matter for regulations
           Compilation table


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