46Power to issue prohibition notices

#### 46 Power to issue prohibition notices (1) Where, having conducted an investigation, an investigator forms the opinion that it is reasonably necessary to issue a prohibition notice to an employer in order to remove an immediate threat to the health or safety of any person, the investigator may issue such a notice, in writing, to the employer. (2) The notice must be issued to the employer by giving it to the person who is, or who may reasonably be presumed to be, for the time being in charge of the activity, undertaken by the employer, in respect of which, in the investigator’s opinion, the threat to health or safety has arisen. (3) The notice must: (a) specify the activity in respect of which, in the investigator’s opinion, the threat to health or safety has arisen, and set out the reasons for that opinion; and (b) either: (i) direct the employer to ensure that the activity is not engaged in; or (ii) direct the employer to ensure that the activity is not engaged in in a specified manner, being a manner that may relate to any one or more of the following: (A) any workplace, or part of a workplace, at which the activity is not to be engaged in; (B) any plant or substance that is not to be used in connection with the activity; (C) any procedure that is not to be followed in connection with the activity; and (c) specify a period for compliance with the notice that the investigator considers on reasonable grounds is sufficient to enable compliance. (4) The employer must ensure that, to the extent that the notice relates to any matter over which the employer has control, the notice is complied with. > Note: An employer who breaches subsection (4) may be subject to civil action or a criminal prosecution (see Schedule 2). (5) Where an investigator is satisfied that action taken by an employer to remove the threat to health and safety that caused the notice to be issued is not adequate to remove that threat, the investigator must inform the employer accordingly. (6) The notice ceases to have effect when: (a) an investigator notifies the employer that the investigator considers that the employer has taken adequate action to remove the threat to health or safety that caused the notice to be issued; or (b) the notice is revoked under subsection (11). (7) In making a decision under subsection (5), an investigator may exercise such of the powers of an investigator conducting an investigation as the investigator considers necessary for the purposes of making the decision. (8) The notice may specify action that may be taken in order to satisfy an investigator that adequate action has been taken to remove the threat to health and safety that caused the notice to be issued. (9) The employer must: (a) give a copy of the notice to each health and safety representative (if any) for a group of the employer’s employees performing work that is affected by the notice; and (b) cause a copy of the notice to be displayed, until the notice has expired, been revoked or been varied, in a prominent place at or near each workplace at which that work is being performed. (10) Where the notice relates to any workplace, plant, substance or thing that is owned by a person other than an employer, the investigator must, upon issuing the notice, give a copy of the notice to that person. (11) An investigator may revoke or vary a notice (the original notice) given under this section by giving a written notice (the new notice) to that effect to the person who is, or who may be presumed on reasonable grounds to be, for the time being in charge of the activity in respect of which the original notice was issued. (12) If the original notice is varied: (a) the new notice must set out the text of the original notice and the variations to it; and (b) the text of the new notice must specify a period for compliance with the new notice that the investigator considers on reasonable grounds is sufficient to enable compliance; and (c) the employer must cause a copy of the new notice to be displayed, until the new notice has expired, been revoked or been varied, in a prominent place at or near each workplace at which work affected by the notice is being performed; and (d) the investigator and employer must take all reasonable steps to give a copy of the new notice to each person to whom they gave copies of the original notice.