Power to direct that workplace etc. not be disturbed
65 Power to direct that workplace etc. not be disturbed
An OHS inspector may give a direction under subsection (2) if, in conducting an inspection, the OHS inspector has reasonable grounds to believe it is reasonably necessary to do so in order to—
remove an immediate threat to the health or safety of a person; or
allow the inspection, examination or taking of measurements of, or conducting of tests concerning, a facility or any plant, substance or thing at the facility.
If subsection (1) applies, the OHS inspector may direct, by written notice given to the operator’s representative at the facility, that the operator must ensure a particular workplace, plant, substance or thing not be disturbed for a period stated in the direction.
The period stated in the direction must be a period the OHS inspector has reasonable grounds to believe is necessary in order to remove the threat or to allow the inspection, examination, measuring or testing to take place.
The direction may be renewed by another direction in the same terms.
If an OHS inspector gives a notice to the operator’s representative under subsection (2), the operator’s 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.
As soon as practicable after giving the direction, the OHS inspector must take reasonable steps to notify the following persons of the direction and the reasons for giving it—
if the workplace, plant, substance or thing to which the direction relates is owned by a person other than the operator of the facility—the person; and
if there is a health and safety representative for a designated work group including a group member performing work at a workplace, or involving the plant, substance or thing, to which the direction relates—the representative.
The operator of a facility to which a direction concerning a workplace, plant, substance or a thing relates must ensure the direction is complied with.Maximum penalty—275 penalty units.
A direction under subsection (2) must be accompanied by a statement setting out the reasons for the direction.
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