Power to direct that workplace etc not be disturbed
58 Power to direct that workplace etc not be disturbed
An OHS inspector may give a direction under subclause (2) if, in conducting an inspection, the OHS inspector has reasonable grounds to believe that it is reasonably necessary to do so in order to—
remove an immediate threat to the health or safety of any 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 subclause (1) applies, the OHS inspector may direct, by written notice given to the operator's representative at the facility, that the operator must ensure that—
a particular workplace; or
particular plant, or a particular substance or thing, not be disturbed for a period specified in the direction.
The period specified in the direction must be a period that 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 subclause (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—
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 person; and
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, of the direction and the reasons for giving it.
The operator of a facility to which a direction concerning a workplace, plant, substance or a thing relates must ensure that the direction is complied with.
Maximum penalty:
in the case of a natural person—$27 500;
in the case of a body corporate—$137 500.
A direction under subclause (2) must be accompanied by a statement setting out the reasons for the direction.
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