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COMMONWEALTHAct
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s 76A

OHS inspections—do not disturb notices (notification and display)

In force
Schedule 2APetroleum environmental laws: additional NOPSEMA inspection powers
Part 4OHS inspections
Division 3OHS inspections: compliance powers

76A OHS inspections—do not disturb notices (notification and display)

Scope

(1)

This clause applies if a NOPSEMA inspector issues a do not disturb notice to a person (the responsible person) under clause 76.

Notification to interested persons

(2)

If the only responsible person for the notice is the titleholder, as soon as practicable after issuing the notice, the inspector must take reasonable steps to give a copy of the notice to:

(a)

the operator; and

(b)

if the inspector is at the facility when the notice is issued—the operator’s representative at the facility.

(3)

If the notice (or a copy of the notice) is not given to the operator’s representative at the facility, the operator must give a copy of the notice to the operator’s representative.

(4)

The operator’s representative at the facility must give a copy of the notice to the following persons:

(a)

if the workplace, plant, substance or thing to which the direction relates is owned by a person other than the operator of the facility—that owner;

(b)

if there is a health and safety representative for a designated work group that includes a group member performing work at a workplace, or involving the plant, substance or thing, to which the direction relates—that representative.

Display of notice

(5)

The operator’s representative at the facility must cause a copy of the notice to be displayed in a prominent place at the workplace:

(a)

that is to be left undisturbed; or

(b)

where the plant, substance or thing that is to be left undisturbed is located.

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