Klass Looch Associates

Employer OHS Champion since 1986 

OHS Act. Section 30. Special powers of inspectors.

(1)

(a) Whenever an employer performs an act or requires or permits an act to be performed, or proposes to perform an act or to require or permit an act to be performed, which in the opinion of an inspector threatens or is likely to threaten the safety or health of any person, the inspector may by notice in writing prohibit that employer from continuing or commencing with the performance of that act or from requiring or permitting that act to be continued or commenced with, as the case may be.

(b Whenever a user of plant or machinery uses or proposes to use any plant or machinery, or uses or proposes to use any plant or machinery in a manner or in circumstances, which in the opinion of an inspector threatens or is likely to threaten the safety or health of any person who works with such machinery or plant or who is or may come within the vicinity thereof, the inspector may by notice in writing prohibit that user from continuing or commencing with the use of such plant or machinery or in that manner or those circumstances, as the case may be.

(c) An inspector may in writing prohibit an employer to requiring or permitting an employee or any employee belonging to a category of employees specified in the notice to be exposed in the course of his employment for a longer period than a period specified in the prohibition, to any article, substance, organism or condition which in the opinion of an inspector threatens or is likely to threaten the safety or health of that employee or the employee belonging to that category of employees, as the case may be.

(d) A prohibition imposed under paragraph (a), (b) or (c) may at any time be revoked by an inspector in writing if arrangements to the satisfaction of the inspector have been made to dispose of the threat which gave rise to the imposition of the prohibition.

(2) In order to enforce a prohibition imposed under subsection (1)(a) or (b), an inspector may block, bar, barricade or fence off that part of the workplace, plant or machinery to which the prohibition applies, and no person shall interfere with or remove such blocking, barricade or fence.

(3) Whenever an inspector is of opinion that the safety or health of any person at a workplace or in the course of his employment or in connection with the use of plant or machinery is threatened on account of the refusal or failure of an employer or a user, as the case may be, to take reasonable steps in the interest of such person's safety or health, the inspector may by notice in writing direct that employer or user to take such steps as are specified in the direction within a specified period.

(4) Whenever an inspector is of the opinion that an employer or user has failed to comply with a provision of a regulation applicable to him, the inspector may by written notice direct that employer or user to take within a period specified in the notice such steps as in the inspector's opinion are necessary to comply with the said provision and as are specified in the direction.

(5) A period contemplated in subsection (3) or (4) may at any time be extended by an inspector by notice in writing to the person concerned.

(6) An employer shall forthwith bring the contents of a prohibition, direction or notice under this section to the attention of the health and safety representatives and employees concerned.

MHS Act. Section 54. Inspector's power to deal with dangerous conditions.

(1) If an inspector has reason to believe that any occurrence, practice or condition at a mine endangers or may endanger the health or safety of any person at the mine, the inspector may give any instruction necessary to protect the health or safety of persons at the mine, including but not limited to an instruction that -

(a) operations at the mine or a part of the mine be halted;

(b) the performance of any act or practice at the mine or a part of the mine be suspended or halted, and may place conditions on the performance of that act or practice;

(c) the employer must take the steps set out in the instruction, within the specified period, to rectify the occurrence, practice or condition; or

(d) all affected persons, other than those who are required to assist in taking steps referred to in paragraph (c), be moved to safety.

(2) An instruction under subsection (1) must be given to the employer or a person designated by the employer or, in their absence, the most senior employee available at the mine to whom the instruction can be issued.

(3) An inspector may issue an instruction under subsection (1) either orally or in writing. If it is issued orally, the inspector must confirm it in writing and give it to the person concerned at the earliest opportunity.

(4) If an instruction issued under subsection (1) is not issued to the employer, the inspector must give a copy of the instruction to the employer at the earliest opportunity.

(5) Any instruction issued under subsection (1)(a) must either be confirmed, varied or set aside by the Chief Inspector of Mines as soon as practicable.

(6) Any instruction issued under subsection (1)(a) is effective from the time fixed by the inspector and remains in force until set aside by the Chief Inspector of Mines or until the inspector's instructions have been complied with.