Western Australian Consolidated Regulations Western Australian Consolidated Regulations[r. 35]
Form 1 Provisional improvement notice
Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) (Occupational Health and Safety)
Regulations 2007
PROVISIONAL IMPROVEMENT NOTICE
(clause 37 of Schedule 5 to the Act)
To: (the responsible person within the meaning of clause 37(2) of
Schedule 5 to the Act)
I, (name of the safety and health representative issuing the notice) ,
selected as the safety and health representative under clause 24 of
Schedule 5 to the Act for (description of the designated work group) ,
after consultation in accordance with clause 37(1) of that Schedule,
believe that a person is contravening the following provision, or provisions,
of a listed OSH law (defined in section 4 of the Act) or that a person
has contravened the following provision, or provisions, of a listed OSH law,
and is likely to contravene that or those provisions again:
The contravention is (specify the contravention that is occurring or is likely
to occur) :
The contravention is occurring at (location) :
The reasons for my opinion are as follows:
In accordance with clause 37(5)(b) of Schedule 5 to the Act, action
necessary to prevent the contravention, or the likely contravention, of the
provision or provisions referred to above must be taken before (the date of a
day that is:
(a) not less than 7 days after the day when
the notice is issued; and
(b) reasonable in the opinion of the safety and
health representative) .
*In accordance with clause 37(6) of Schedule 5 to the Act, I specify
the following action to be taken:
[* Omit if inapplicable.]
Dated:
(signature)
Safety and health representative
NOTES:
1. Under clause 38(1) of Schedule 5 to
the Act, a person to whom a provisional improvement notice is given may,
within 7 days, request the Safety Authority or an OHS inspector for an
inspection of the subject matter of the notice.
2. Clause 38(5) of Schedule 5 to the Act
requires a responsible person to whom a provisional improvement notice is
given:
•
to notify each group member affected by the notice of the fact that the
notice has been issued; and
•
to display a copy of the notice at or near each workplace at which work
that is the subject of the notice is being performed.
3. Under clause 38(6) of Schedule 5 to
the Act, a provisional improvement notice ceases to have effect when:
•
it is cancelled by the safety and health representative or an OHS
inspector; or
•
the responsible person takes the action specified in the notice, or if
no action is specified, takes the action that is necessary to prevent the
contravention, or likely contravention, with which the notice is concerned.
4. Clause 38(7) of Schedule 5 to the Act
requires the responsible person:
•
to ensure that, to the extent that the notice relates to any matter
over which the person has control, a provisional improvement notice is
complied with; and
•
to take reasonable steps to inform the safety and health representative
who issued the notice of the action taken to comply with the notice.
5. Under clause 65 of Schedule 5 to the
Act, if an OHS inspector has confirmed or varied a provisional improvement
notice the following persons may apply in writing to the reviewing authority
for a review of the OHS inspector’s decision:
•
the operator of the facility or an employer affected by the decision;
•
the person to whom the notice was issued;
•
the safety and health representative for a designated work group that
includes a group member affected by the decision;
•
a workforce representative in relation to the designated work group
that includes a group member affected by the decision;
•
if there is no designated work group — a workforce representative
in relation to a member of the workforce affected by the decision;
•
the owner of any workplace, plant, substance or thing to which that
decision relates.
Form 2 Notice of removal of plant or sample
Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) (Occupational Health and Safety)
Regulations 2007
NOTICE OF REMOVAL OF PLANT OR SAMPLE
(clause 57 of Schedule 5 to the Act)
To: (name of operator, employer or owner of the
plant, substance or thing (if applicable))
and (name of safety and health representative for
designated workgroup)
I, (name of OHS inspector) , an OHS inspector as
defined in section 4 of the Act, in the course of conducting an
inspection under clause 48 of Schedule 5 to the Act, have taken
possession of: (description of item removed)
from the workplace at: (address)
The reason for this action is: (explanation of why removal of item was
necessary)
Signed: (OHS Inspector)
Dated:
NOTES:
1. Under clause 57(3) of Schedule 5 to
the Act if a notice is given to the operator of the facility, the
operator’s representative at the facility must cause the notice to be
displayed in a prominent place at the workplace from which the item was
removed.
2. Under clause 63(1) and (2) of
Schedule 5 to the Act, a person who tampers with a notice, or removes a
notice before the item has been returned to the workplace, may be liable to a
penalty of $11 000.
3. Under clause 65 of Schedule 5 to the
Act, if an OHS inspector decides, under clause 57, to take possession of
plant, a substance or a thing at a workplace, the following persons may apply
in writing to the reviewing authority in writing for a review of the decision:
•
the operator of the facility or an employer affected by the decision;
•
the person to whom the notice was issued;
•
the safety and health representative for a designated work group that
includes a group member affected by the decision;
•
a workforce representative in relation to the designated work group
that includes a group member affected by the decision;
•
if there is no designated work group — a workforce representative
in relation to a member of the workforce affected by the decision;
•
the owner of any workplace, plant, substance or thing to which that
decision relates.
Form 3 Do not disturb notice
Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) (Occupational Health and Safety)
Regulations 2007
DO NOT DISTURB NOTICE
(clause 58 of Schedule 5 to the Act)
To: (name of operator’s representative at
the facility)
I, (name of OHS inspector) an OHS inspector as
defined in section 4 of the Act, direct that: (description of the
affected workplace or part of workplace, plant, substance or thing)
is not to be disturbed during the period from
a.m./p.m.
to a.m./p.m. on
(date) .
The reasons for giving this direction are:
Signed: (OHS Inspector)
Dated:
NOTES:
1 . Under clause 58(7) of Schedule 5 to
the Act, an operator of a facility to which a direction concerning a
workplace, plant, substance or a thing relates and who does not ensure that
the direction is complied with may be liable to a penalty of $27 500.
2. Under clause 58(5) of Schedule 5 to
the Act if a notice is given to the operator’s representative at the
facility, the representative must cause the notice to be displayed in a
prominent place at the workplace that is to be left undisturbed, or where the
plant, substance or thing that is to be left undisturbed is located.
3. Under clause 63(1) and (3) of
Schedule 5 to the Act, a person who, without reasonable excuse, tampers
with a notice, or removes a notice before it has ceased to have effect, may be
liable to a penalty of $11 000.
4. Under clause 65 of Schedule 5 to the
Act, if an OHS inspector decides, under clause 58, to direct that a
workplace, a part of a workplace, plant, a substance or a thing at a
workplace, not be disturbed, the following persons may apply, in writing to
the reviewing authority for a review of the decision:
•
the operator of the facility or an employer affected by the decision;
•
the person to whom the notice was issued;
•
the safety and health representative for a designated work group that
includes a group member affected by the decision;
•
a workforce representative in relation to the designated work group
that includes a group member affected by the decision;
•
if there is no designated work group — a workforce representative
in relation to a member of the workforce affected by the decision;
•
the owner of any workplace, plant, substance or thing to which that
decision relates.
Form 4 Prohibition notice
Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) (Occupational Health and Safety)
Regulations 2007
PROHIBITION NOTICE
(clause 59 of Schedule 5 to the Act)
To: (name of operator’s representative at
the facility)
I, (name of OHS inspector) , an OHS inspector as defined in section 4 of
the Act, am satisfied that it is necessary to issue a prohibition notice to
the operator of (name of the facility) in order to remove an immediate threat
to the safety or health of a person.
The activity that is a threat to safety or health is (specify activity) :
The reasons for my opinion are as follows:
I THEREFORE DIRECT the operator to ensure that the activity specified above is
not engaged in.
OR
I THEREFORE DIRECT the operator to ensure that the activity specified above is
NOT engaged in the following manner: (specify the manner)
(a) at this workplace or part of workplace:
(specify workplace, or part of a workplace at which the activity is not to be
engaged in, as the case may be)
(b) using this plant or substance: (specify plant
or substance not to be used, if applicable)
(c) following this procedure: (specify procedure
not to be followed, if applicable)
*In accordance with clause 59(5) of Schedule 5 to the Act, I specify
the following action that may be taken to satisfy me that adequate action has
been taken to remove the threat to safety and health: (if insufficient space,
use additional page)
Signed: (OHS Inspector)
Dated:
[* Omit if inapplicable.]
NOTES:
1. Under clause 60 of Schedule 5 to the
Act, an operator who fails to ensure that a prohibition notice issued to the
operator is complied with may be liable to a penalty of $27 500.
2. Under clause 59(6) of Schedule 5 to
the Act, the operator’s representative at the facility must give a copy
of a prohibition notice to each safety and health representative (if any) for
any designated work group having group members performing work that is
affected by the notice; and cause a copy of the notice to be displayed in a
prominent place at or near each workplace at which that work is performed.
3. Under clause 63(1) and (3) of
Schedule 5 to the Act, a person who tampers with a prohibition notice, or
removes a prohibition notice before it has ceased to have effect, may be
liable to a penalty of $11 000.
4. Under clause 65 of Schedule 5 to the
Act, if an OHS inspector decides, under clause 59, to issue a prohibition
notice, the following persons may apply, in writing to the reviewing authority
for a review of the decision:
•
the operator of the facility or an employer affected by the decision;
•
the person to whom the notice was issued;
•
the safety and health representative for a designated work group that
includes a group member affected by the decision;
•
a workforce representative in relation to the designated work group
that includes a group member affected by the decision;
•
if there is no designated work group — a workforce representative
in relation to a member of the workforce affected by the decision;
•
the owner of any workplace, plant, substance or thing to which that
decision relates.
Form 5 Improvement notice
Petroleum (Submerged Lands) Act 1982
Petroleum (Submerged Lands) (Occupational Health and Safety)
Regulations 2007
IMPROVEMENT NOTICE
(clause 61 of Schedule 5 to the Act)
To: (the responsible person within the meaning of clause 61(1) of
Schedule 5 to the Act)
I, (name of OHS inspector) , an OHS inspector as defined in section 4 of
the Act, believe that you are contravening the following provision, or
provisions, of a listed OSH law (defined in section 4 of the Act) or that
you have contravened the following provision, or provisions, of a listed OSH
law, and are likely to contravene that or those provisions again:
The contravention is (specify the contravention that is occurring or is likely
to occur) :
The contravention is occurring at (location) :
The reasons for my belief are as follows:
In accordance with clause 61(4)(b) of Schedule 5 to the Act, action
necessary to prevent any further contravention or to prevent the likely
contravention must be taken before (specify a reasonable period within which
the responsible person is to take the action) .
*In accordance with clause 61(4)(c) of Schedule 5 to the Act, I
specify the following action that the responsible person is to take: (If
insufficient space, use additional page)
Signed: (OHS Inspector)
Dated:
*(Omit if inapplicable.)
(Page 2 of Form 5)
When the required improvement has been completed, return this part of the
notice to the following person at the address below:
Name:
Position:
Address:
Telephone number:
Improvement Notice No. has been complied with.
Signed:
----------------------------------------------------------------------------------------
This notice was delivered to: (insert name)
in the office or position of (insert office or position)
at: (insert time, a.m. or p.m.) on
(insert date) .
(See notes on page 3.)
(Page 3 of Form 5)
NOTES:
1. Under clause 62 of Schedule 5 to the
Act, a person who fails to ensure that an improvement notice is complied with,
to the extent that it relates to a matter over which the person has control,
may be liable to a penalty of $11 000.
2. Under clause 61(7) of Schedule 5 to
the Act, the operator’s representative at the facility must give a copy
of an improvement notice to each safety and health representative for any
designated work group having group members performing work that is affected by
the notice; and cause a copy of the notice to be displayed in a prominent
place at or near each workplace at which that work is performed.
3. Under clause 63(1) and (3) of
Schedule 5 to the Act, a person who tampers with an improvement notice,
or removes an improvement notice before it has ceased to have effect, may be
liable to a penalty of $11 000.
4. Under clause 65 of Schedule 5 to the
Act, if an OHS inspector decides, under clause 61, to issue an
improvement notice, the following persons may apply, in writing to the
reviewing authority for a review of the decision:
•
the operator of the facility or an employer affected by the decision;
•
the person to whom the notice was issued;
•
the safety and health representative for a designated work group that
includes a group member affected by the decision;
•
a workforce representative in relation to the designated work group
that includes a group member affected by the decision;
•
if there is no designated work group — a workforce representative
in relation to a member of the workforce affected by the decision;
•
the owner of any workplace, plant, substance or thing to which that
decision relates.