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Notices Under the Act

Summary of Notices, Responsibilities and Penalties

Default Notice

Before issuing a Default Notice the Health and Safety Representative must:

Raise the issue with the employer

If not resolved within a reasonable time,

Refer the issue to the Health and Safety Committee, if one exists,

If still not resolved satisfactorily and within a reasonable time the Health and Safety Representative can call in an Inspector and/or issue a Default Notice.

Default Notices can not be issued where there is an Improvement or Prohibition Notice already in effect.

The Notice must:

• State that it has been issued in accordance with Section 35 (3) of the OHS&W Act 1986.

• State that, in the opinion of the Health and Safety Representative, there is a contravention of the Act or it is likely there will be a repeat of a contravention of the Act

• State the grounds for this opinion, including the section of the Act that is being contravened.

Commonly it is Section 19 (1) of the OHS&W Act 1986 that is contravened.

It is useful to clarify whether it is the work environment, systems of work, plant and substances, facilities or information, instruction, training and supervision which are not safe or adequate.

The Notice may

State when the issue should be fixed

If a Default Notice is issued to an employee, that employee must give the notice or a copy of it to the employer as soon as possible.

The employer must take all reasonable steps to fix the issue by the specified time if there is one or, in any case, within a reasonable time.

Inspectors

An inspector may be requested to attend the workplace if: 

• The employer feels the Notice issued was inappropriate in some way 

• The Health and Safety Representative: 

considers that there has been an unreasonable delay

Or 

is dissatisfied with the action taken.

The Default Notice is suspended until the Inspector has attended.

The Inspector must attend within 7 working days.

An inspector may:

• confirm the notice; or 

• confirm the notice with such changes as the inspector thinks fit: or 

• cancel the notice.

If the Inspector confirms the Default Notice the employer must comply.

It is useful for the Health and Safety Representative to discuss the circumstances of the hazard at issue with the Inspector before issuing a Default Notice.

Establishing on-going communication with the Inspector responsible for their industry or workplace can provide the Health and Safety Representative with significant support and information.

What to Do With The Notice

If a Default Notice is issued to an employee, that employee must give the notice or a copy of it to the employer as soon as possible.

Whoever the Default Notice is addressed to (usually the employer or the employer’s representative) must:

• Give a copy to the Health and Safety Representative 

• Let all the people whose work will be effected by the Notice know 

• Display a copy in a prominent place at or near the work area affected

Cessation of Work Order 

An Order To Cease Work can be issued 

If the Health and Safety Representative is of the opinion 

that the risk to the health and safety of the worker(s) affected by the issue 

is of sufficient degree and nature to require immediate cessation of work.

The Health and Safety Representative must consult with the employer and, if one exists, the Health and Safety Committee, before issuing the Order to Cease Work if possible.

If this did not happen because of the nature of the emergency, then this consultation must happen as soon as possible after issuing the order.

The employer or the Health and Safety Representative can request an Inspector to attend.

The Inspector must attend as soon as possible and within 1 working day (metropolitan area) or 2 working days (outside Metropolitan area).

Improvement Notices

Improvement Notices are issued by Inspectors to identify contraventions of the Act and regulations or likely contraventions.

The Notice must:

Say that the employer has or is likely to cause a contravention of the Act

Give reasons that the Inspector believes this to be so

Say which part of the Act or regulations are being contravened

Say that the Inspector is acting in accordance with Section 39 of the OHS&W Act1986

The Notice may:

Give a time by which the problem must be fixed (not less than seven days);

Say what must be done to fix the problem;

If an Improvement Notice is issued to an employee, that employee must give the notice or a copy of it to the employer as soon as possible.

Whoever the Improvement Notice is addressed to (usually the employer or the employer’s representative) must:

• Give a copy to the Health and Safety Representative

• Let all the people whose work will be effected by the Notice know

• Display a copy in a prominent place at or near the work area affected

Employer must comply.

A review by the Industrial Court of the Improvement Notice or the actions of the Inspector in issuing the Notice can be requested by:

• An employer affected by the Notice

• A person whose work or plant is affected by the Notice

• Health and Safety Representative who represents workers affected by the Notice

The President of the Industrial Court will establish a Review Committee for this purpose.

Application must be made within 14 days of receipt of the Notice.

While waiting for the outcome of the review the Improvement Notice is usually suspended.

Workers should continue to be paid for the period of suspension of work due to the Notice issued.

Prohibition Notices

Prohibition Notices are issued by Inspectors  when they believe there is an immediate risk to the health or safety of a worker or to safe operation of plant.

Prohibition Notices are issued to the person apparently in control of the activity.

When a Prohibition Notice is issued the activity in question must stop immediately and cannot commence until the Inspector is satisfied that adequate measures have been taken to prevent, eliminate or minimise the risk.

The Notice must:

Identify the activity that presents the risk

State the grounds on which the Inspector has decided there is a risk

The Notice may:

State what needs to be done

If a Prohibition Notice is issued to an employee, that employee must give the notice or a copy of it to the employer as soon as possible.

Whoever the Prohibition Notice is addressed to (usually the employer or the employer’s representative) must:

• Give a copy to the Health and Safety Representative

• Let all the people whose work will be effected by the Notice know

• Display a copy in a prominent place at or near the work area affected

A review by the Industrial Court of the Prohibition Notice or the actions of the Inspector in issuing the Notice can be requested by:

• An employer affected by the Notice

• A person whose work or plant is affected by the Notice

• Health and Safety Representative who represents workers affected by the Notice

Application must be made within 14 days of receipt of the Notice.

While waiting for the outcome of the review the Prohibition Notice usually remains in effect.

Workers should continue to be paid for the period of suspension of work due to the Notice issued.

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