Western Australian Consolidated Acts

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OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 23L

23L .         Notification of hazard to person having control of workplace

        (1)         In this section —

        workplace includes the means of access to and egress from the workplace.

        (2)         If —

            (a)         the employer of any employee; or

            (b)         a self-employed person carrying out work,

                at a workplace becomes of the opinion that —

            (c)         a situation exists at the workplace that could constitute a hazard to any person;

            (d)         the hazard is one that a person having control of the relevant part of the workplace (the responsible person ) has a duty to remedy under section 22; and

            (e)         the situation has not come to the attention of that person,

                the employer or self-employed person must, so far as it is reasonably practicable to do so, give notice of the situation to the responsible person.

        (3)         A notice under subsection (2) must be given as soon as is reasonably practicable after the employer or self-employed person becomes of the opinion mentioned in that subsection.

        (4)         An employer or self-employed person that fails to comply with subsection (2) commits an offence.

        [Section 23L inserted by No. 51 of 2004 s. 8.]

        [Heading inserted by No. 51 of 2004 s. 8.]



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