Commonwealth Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY (SAFETY ARRANGEMENTS) REGULATIONS 1991 - SCHEDULE 1

(subregulation 2 (2))

Form 1A      Application for issue of certificate

(regulation 4B)

Occupational Health and Safety (Safety Arrangements) Regulations 1991 , regulation 4B

Application for issue of certificate

All sections must be completed

Section 1           For employee representative

Name(s) of employee(s):

Name, address, contact numbers and e-mail address of employee representative:

Name and address of employer:

Name, address, contact numbers and e-mail address of contact person in employer organisation:

Description of proposed consultations:

Please provide sufficient detail about the development or variation of the health and safety management arrangements to make it clear which consultations the certificate is to cover.

Note    This certificate becomes invalid at the request of the employee(s) covered by the certificate, or after 12 months from the date on which the certificate is issued, whichever occurs first.

Section 2           For employees

I/we confirm that I/we have asked (name of employee representative) , which is entitled to represent me/us, to do so in the consultations described above.

I/we wish to remain anonymous during these consultations.

I/we confirm that I am/we are current members of (name of organisation/ association) .

Note    If the certificate is to cover more than 5 employees, the signatures must be placed on a separate page and attached to this form.

Section 3          For employee representative

In compliance with the Occupational Health and Safety Act 1991 , (name and address of employee representative) will not reveal the identity of the employee or employees listed above to any other person.

(signature for employee representative)

Section 4          For employee representative

(Name and address of employee representative) applies for the issue
of a certificate to the effect that (name of employee representative) is entitled to represent the employee or employees listed in section 1 in the consultations described in section 1.

(signature for employee representative)

(date)

Form 1        Provisional improvement notice

(regulation 30)

Occupational Health and Safety (Safety Arrangements) Regulations 1991

Provisional improvement notice

To:

(the responsible person within the meaning of subsection 29 (2) of the Act)  

I, (name of the health and safety representative issuing the notice) , appointed as the health and safety representative under section 25 of the Occupational Health and Safety Act 1991 for (description of the designated work group) , after consultation in accordance with subsection 29 (1) of the Act, believe that the following provision, or provisions, of the Act or Regulations is, or are, being breached or is, or are, likely to continue to be breached:

.

The breach is ( a brief description )

.

The breach is occurring at

.

The reasons for my opinion are as follows:

.

In accordance with paragraph 29 (4) (b) of the Act, action necessary to prevent the breach, or the likely breach, of the provision or provisions referred to above must be taken before (the date of a day that is:

       (a)    not less than 7 days after the day when the notice is issued; and

       (b)    reasonable in the opinion of the health and safety representative).  

In accordance with paragraph 29 (5) of the Act, the following action should be taken:

.

Dated

(signature)

Health and safety representative

Notes:

Note 1    Under subsection 29 (8) of the Act, within 7 days after this notice
is issued, the responsible person, or any other person, to whom a copy of this notice has been given under subsection 29 (7) of the Act, may make a request to Comcare, or to an investigator, that an investigation of the matter the subject of this notice be conducted.

Note 3    Under subsection 29 (9) of the Act, upon a request being made under subsection 29 (8) of the Act, the operation of this notice is suspended pending the determination of the matter by an investigator.

Note 4    Subsection 29 (12) of the Act provides that if this notice is issued to an employer, the employer must:

*        notify each employee who is working for the employer and who is affected by this notice of the fact that this notice has been issued; and

*        display a copy of this notice at or near each workplace at which work that is the subject of this notice is being performed.

Note 5    Under subsection 29 (13) of the Act, this notice ceases to have effect if:

*        it is cancelled by the health and safety representative or an investigator; or

*        the responsible person takes the action specified in this notice, or if no action is specified, takes the action that is necessary to prevent the further breach, or likely breach, with which this notice is concerned.

Note 6    Subsection 29 (14) of the Act requires the responsible person:

*        to ensure that, to the extent that this notice relates to any matter over which the person has control, that this notice is complied with; and

*        to inform the health and safety representative who issued this notice of the action taken to comply with this notice.

Note 7    Under subsection 48 (1) of the Act, any of the following persons may, in writing, ask the Australian Industrial Relations Commission to review the investigator's decision, under section 29 of the Act to confirm or vary this notice:

*        an employer affected by the investigator's decision;

*        the person to whom this notice was issued;

*        the health and safety representative or an employee representative in relation to a designated work group when requested by an employee affected by the decision;

*        if there is no designated work group -- an employee representative when requested by an employee affected by the decision;

*        the owner of any plant, substance or thing to which the decision relates.

Note 8     Under subsection 48 (3) of the Act and subject to section 48, the making of an appeal against the investigator's decision, under section 29 of the Act, to confirm or vary this notice does not affect the operation of the decision or prevent the taking of action to implement the decision, except to the extent that the reviewing authority makes an order to the contrary.

Note 9    Under subsection 48 (5) of the Act, where a decision appealed against is a decision of an investigator, under section 29, to confirm or vary this notice (the operation of which has been suspended pending the investigation of the matter to which this notice relates by the investigator), the operation of this notice is further suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary.

Form 2         Notice of removal of plant or sample

(paragraph 34 (a))

Occupational Health and Safety (Safety Arrangements) Regulations 1991

Notice of removal of plant or sample

To: ( name of employer or of owner of the plant, substance or thing if applicable )

and ( name of health and safety representative for designated workgroup )

I, ( name of investigator ), an investigator appointed under section 40
of the Occupational Health and Safety Act 1991 , in the course of conducting an investigation under section 41 of the Act, have taken possession of:

( description of item removed )

from the workplace at:

( address )

The reason for this action is:

( explanation of why removal of item was necessary )

Signed: ( Investigator )

Dated:

Notes:

Note 1    Under subsection 44 (3) of the Act, this notice must be displayed in a prominent place at the workplace from which the item mentioned above was removed.

Note  2    Under subsection 44 (4) of the Act, the investigator must:

(a)    ensure that the item is inspected, examined, measured or tested as soon as reasonably practicable after the investigator took possession of the item; and

(b)    return the item to the workplace as soon as reasonably practicable after the inspection, examination, measurement or testing is completed.

Note  3    Under subsection 44 (5) of the Act, the investigator must, as soon as reasonably practicable after completion of the inspection, examination, measurement or testing, give, to each person to whom the investigator
is required under subsection 44 (2) of the Act to give this notice, a written statement setting out the results of the inspection, examination, measurement or testing.

Note 4    Under subsection 48 (1) of the Act, any of the following persons may, in writing, ask the Australian Industrial Relations Commission to review the investigator's decision, under section 44 of the Act, to take possession of the item:

*        an employer affected by the investigator's decision;

*        a person to whom a notice has been issued under subsection 29 (2) or 47 (1) of the Act;

*        the health and safety representative or an employee representative in relation to a designated work group when requested by an employee affected by the decision;

*        if there is no designated work group -- an employee representative when requested by an employee affected by the decision;

*        the owner of any plant, substance or thing to which the investigator's decision relates.

Note  5    Under subsection 48 (3) of the Act and subject to section 48, the making of an appeal against a decision, under section 44 of the Act, of an investigator to take possession of the item does not affect the operation of the decision or prevent the taking of action to implement the decision, except to the extent that the reviewing authority makes an order to the contrary.

Note 6    Under section 50 of the Act, this notice must not be tampered with or removed until the item has been returned to the workplace. The maximum criminal penalty for breach of this section by a Government business enterprise, an employee of a Government business enterprise, an employee of a Commonwealth authority, an employee of a Commonwealth entity or an employee of a non-Commonwealth licensee employer is $3 300 or imprisonment for 6 months, or both.

Form 3         Do not disturb direction

(paragraph 34 (b))

Occupational Health and Safety (Safety Arrangements) Regulations 1991

Do not disturb direction

To: ( name of person in charge of operations at workplace )

I, ( name of investigator ), an investigator appointed under section 40 of the Occupational Health and Safety Act 1991 , direct that:

( description of the affected workplace or part of workplace, plant, substance or thing )

is not to be disturbed during the period from                     am/pm

to                         am/pm on                              ( date ).

The reasons for issuing this notice are:

Signed: ( Investigator )

Dated:

Notes:

Note 1    Under subsection 45 (3) of the Act, this direction must be displayed in a prominent place at the workplace:

(a)    that is, or the specified part of which is, under this direction, to be left undisturbed; or

(b)    at which the plant, substance or thing that is, under this direction, to be left undisturbed, is located.

Note 2    Under subsection 45 (5) of the Act, an employer who has control over the workplace, plant, substance or thing to which this direction relates, and whose employees use the workplace, plant, substance or thing in the performance of work for the employer, must ensure that this direction is complied with. The maximum civil penalty for non-compliance with this requirement by a non-Commonwealth licensee employer, a Commonwealth entity or a Commonwealth Authority, including a Government business enterprise is $27 500 (see Part 1 of Schedule 2 to the Act). The maximum criminal penalty for non-compliance with this requirement by a non- Commonwealth licensee employer or a Government business enterprise is $55 000 (see Part 2 of Schedule 2 to the Act).

Note 3    Under subsection 48 (1) of the Act, any of the following persons may, in writing, ask the Australian Industrial Relations Commission to review the investigator's decision, under section 45 of the Act, to give this direction:

*        an employer affected by the investigator's decision;

*        a person to whom a notice has been issued under subsection 29 (2) or 47 (1) of the Act;

*        the health and safety representative or an employee representative in relation to a designated work group when requested by an employee affected by the decision;

*        if there is no designated work group -- an employee representative when requested by an employee affected by the decision;

*        the owner of any plant, substance or thing to which the investigator's decision relates.

Note  4    Under subsection 48 (3) of the Act and subject to section 48, the making of an appeal against a decision by an investigator, under section 45 of the Act, to give this direction does not affect the operation of the decision or prevent the taking of action to implement the decision, except to the extent that the reviewing authority makes an order to the contrary.

Note 5    Under section 50 of the Act, this direction must not be tampered with or removed before the notice has ceased to have effect. The maximum criminal penalty for breach of this section by a non-Commonwealth licensee employer, a Government business enterprise, an employee of a Government business enterprise, an employee of a Commonwealth authority, an employee of a Commonwealth entity or an employee of a non- Commonwealth licensee employer is $3 300 or imprisonment for 6 months, or both.

Form 4         Prohibition notice

(paragraph 34 (c))

Occupational Health and Safety (Safety Arrangements) Regulations 1991

Prohibition notice

To: ( name and address of employer )

and ( name and address of owner of workplace, plant or thing if different from the employer )

I, ( name of investigator ), an investigator appointed under section 40 of the Occupational Health and Safety Act 1991 am of the opinion that the person named above is the employer at:

( workplace address )

where an activity is being undertaken that immediately threatens the health and safety of a person at or near the workplace.

I THEREFORE PROHIBIT the following activity or activities:

(a)    at this workplace or part of workplace: ( specify workplace, or part, if applicable )

(b)    using this plant or substance: ( specify plant or substance, if applicable )

(c)    following this procedure: ( specify procedure, if applicable )

* Action that may betaken that will be adequate to remove the threat to health and safety is:

( if insufficient space, use additional page )

Signed: ( Investigator )

Dated:

[* Omit if inapplicable]

Notes:

Note 1    Under subsection 46 (4) of the Act, the employer to whom this notice is issued must ensure that, to the extent that this notice relates to any matter over which the employer has control, this notice is complied with. The maximum civil penalty for non-compliance with this requirement by a non-Commonwealth licensee employer, a Commonwealth entity or Commonwealth Authority, including a Government business enterprise, is $27 500 (see Part 1 of Schedule 2 to the Act). The maximum criminal penalty for non-compliance with this requirement by a non-Commonwealth licensee employer or a Government business enterprise is $55 000 (see Part 2 of Schedule 2 to the Act).

Note 2    Under subsection 46 (6) of the Act, this notice ceases to have effect when an investigator notifies the employer that the investigator is satisfied that the employer has taken adequate action to remove the threat to health or safety that caused this notice to be issued.

Note 3    Under subsection 46 (8) of the Act, this notice may specify action that may be taken in order to satisfy the investigator that adequate action has been taken to remove the threat to health and safety that caused this notice to be issued.

Note 4    Under subsection 46 (9) of the Act, the employer to whom this notice is given must:

(a)    give a copy of this notice to each health and safety representative (if any) for a group of the employer's employees performing work that is affected by this notice; and

(b)    ensure that a copy of this notice is displayed in a prominent place at or near each workplace at which that work is being performed.

Note 5    Under subsection 48 (1) of the Act, any of the following persons may, in writing, ask the Australian Industrial Relations Commission to review a decision by an investigator, under section 46 of the Act, to issue this notice, or that the employer to whom this notice was issued has not taken adequate action to remove the threat to health and safety that caused this notice to be issued:

*        an employer affected by the investigator's decision;

*        a person to whom a notice has been issued under subsection 29 (2) or 47 (1) of the Act;

*        the health and safety representative or an employee representative in relation to a designated work group when requested by an employee affected by the decision;

*        if there is no designated work group -- an employee representative when requested by an employee affected by the decision;

*        the owner of any plant, substance or thing to which the investigator's decision relates.

Note  6    Under subsection 48 (3) of the Act and subject to section 48, the making of an appeal against a decision of the investigator, under section 46 of the Act:

(a)    to issue this notice; or

(b)    that an employer to whom this notice was issued has not taken adequate action to remove the threat to health and safety that caused this notice to be issued;

does not affect the operation of the decision, or prevent the taking of action to implement the decision, except to the extent that the reviewing authority makes an order to the contrary.

Note  7    Under section 50 of the Act, this notice must not be tampered with or removed before the notice has ceased to have effect. The maximum criminal penalty for breach of this section by a non-Commonwealth licensee employer, a Government business enterprise, an employee of a Government business enterprise, an employee of a Commonwealth authority, an employee of a Commonwealth entity or an employee of a non- Commonwealth licensee employer is $3 300 or imprisonment for 6 months, or both.

Form 5         Improvement notice

(paragraph 34 (d))

Occupational Health and Safety (Safety Arrangements) Regulations 1991

Improvement notice

To: ( name of person responsible for breach )

and ( name of employer if different from person responsible )

and (name of owner of workplace, plant or thing if different from person responsible and employer )

I, ( name of investigator ), an investigator appointed under section 40 of the Occupational Health and Safety Act 1991 , am satisfied that the person named above as the responsible person is breaching, or has breached and is likely to breach section       of the Act or regulation       of the Occupational Health and Safety (Safety Arrangements) Regulations 1991 at:

( address of workplace )

The reasons for my opinion are:

( brief description of breach )

You are required to take action within ( insert number ) days of the date of this notice to prevent any further breach or likely breach of that section or regulation.

*The following action must be taken by the responsible person within the period specified above:

( if insufficient space, use additional page)

Signed: ( Investigator )

Dated:

[* Omit if inapplicable]

Return this portion of the notice (when the required improvement has been completed) to this address:

                Name:

                Position:

                Address:

                Telephone:

Improvement Notice No.                                 has been complied with.

This notice was delivered to: ( insert name )

in the office/position of: ( insert office/position )

at: ( insert time ) am/pm on: ( insert date )

Notes:

Note 1     Under subsection 47 (6) of the Act, the responsible person to whom this notice was issued must ensure that, to the extent that this notice relates to any matter over which the person has control, this notice is complied with. The maximum civil penalty for non-compliance with this requirement by a non-Commonwealth licensee employer, a Government business enterprise, an employee of a non-Commonwealth licensee employee or an employee of a Government business enterprise is $110 for every day of
the breach (see Part 1 of Schedule 2 to the Act). The maximum criminal penalty for non-compliance with this requirement by a non-Commonwealth licensee employer, a Government business enterprise, an employee of a non-Commonwealth licensee employer or an employee of a Government business enterprise is $99 000 (see Part 2 of Schedule 2 to the Act).

Note 2    Under subsection 47 (8) of the Act, if this notice was issued to an employer, the employer must:

(a)    give a copy of this notice to each health and safety representative for a designated workgroup of employees performing work that is affected by this notice; and

(b)    display a copy of this notice in a prominent place at or near each workplace at which that work is being performed.

Note 3    Under subsection 48 (1) of the Act, any of the following persons may, in writing, ask the Australian Industrial Relations Commission to review the investigator's decision, under section 47 of the Act, to issue this notice:

*        an employer affected by the investigator's decision;

*        the person to whom this notice was issued;

*        the health and safety representative or an employee representative in relation to a designated work group when requested by an employee affected by the decision;

*        if there is no designated work group -- an employee representative when requested by an employee affected by the decision;

*        the owner of any plant, substance or thing to which the investigator's decision relates.

Note  4    Under subsection 48 (4) of the Act, where the decision appealed against is a decision of an investigator, under section 47 of the Act, to issue this notice, the operation of the decision is suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary.

Note  5    Under section 50 of the Act, this notice must not be tampered with or removed before the notice has ceased to have effect. The maximum criminal penalty for breach of this section by a non-Commonwealth licensee employer, a Government business enterprise, an employee of a non- Commonwealth licensee employer, an employee of a Government business enterprise, an employee of a Commonwealth authority or an employee of a Commonwealth entity is $3 300 or imprisonment for 6 months, or both.

Note  6    This Improvement Notice is being issued in accordance with section 47 of the Act on the grounds that a person is failing to comply with a provision of the Act or regulations, or has failed to comply with a provision of the Act or regulations, and is likely to do so again.