Petroleum (Submerged Lands) Act 1982

This section applies if a health and safety representative for a designated work group has reasonable cause to believe there is an imminent and serious danger to the health or safety of a person at or near the facility unless a group member or group members cease to perform particular work.

The representative must—

inform a person (a supervisor) supervising the group member or group members in the performance of the work of the danger; or

if no supervisor can be contacted immediately—

direct the group member or group members to cease, in a safe manner, performing the work; and

as soon as practicable, inform a supervisor that the direction has been given.

If a supervisor is informed under subsection (2)(a) of a danger to the health or safety of a person at or near the facility, the supervisor must take the action the supervisor thinks appropriate to remove the danger, which may include directing a group member or group members to cease, in a safe manner, to perform the work.

Subsection (5) applies to a health and safety representative if—

the representative has informed a supervisor under subsection (2)(a) of a danger; and

the representative has reasonable cause to believe that, despite any action taken by the supervisor under subsection (3), there continues to be an imminent and serious danger to the health or safety of a person at or near the facility unless the group member or group members cease to perform particular work.

The representative must—

direct the group member or group members to cease, in a safe manner, to perform the work; and

as soon as practicable, inform the supervisor that the direction has been given.

Subsection (7) applies if—

a health and safety representative gives a direction under subsection (2)(b), but is unable to agree with a supervisor whom the representative has informed under the subsection that there is a need for a direction under the subsection; or

a health and safety representative gives a direction under subsection (5)(a).

The representative or the supervisor may request the Safety Authority or an OHS inspector to conduct an inspection of the work that is the subject of the direction.

As soon as possible after a request is made under subsection (7), an inspection must be conducted of the work that is the subject of the direction, and the OHS inspector conducting the inspection must make decisions, and exercise powers, under part 4 as the OHS inspector considers necessary in relation to the work.

This section does not limit the power of a health and safety representative under section 31(1)(a)(iii) to request an OHS inspector or the Safety Authority to conduct an inspection at the workplace.