77AOHS inspections—prohibition notices (notification, display and compliance)

77A OHS inspections—prohibition notices (notification, display and compliance)

Scope (1) This clause applies if a NOPSEMA inspector issues a prohibition notice to a person (the responsible person) under clause 77 in relation to a threat to health or safety at a facility. Notification to interested persons (2) If the only responsible person for the prohibition notice is the titleholder, as soon as practicable after issuing the notice, the inspector must take reasonable steps to give a copy of the notice to: (a) the operator; and (b) if the inspector is at the facility when the notice is issued—the operator’s representative at the facility. (3) If the notice (or a copy of the notice) is not given to the operator’s representative at the facility, the operator must give a copy of the notice to the operator’s representative. (4) The operator’s representative at the facility must give a copy of the notice to the following persons: (a) if the workplace, plant, substance or thing to which the notice relates is owned by a person other than the responsible person—that owner; (b) 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. Display of notice (5) The operator’s representative at the facility must cause a copy of the notice to be displayed in a prominent place at the workplace: (a) that is to be left undisturbed; or (b) where the plant, substance or thing that is to be left undisturbed is located. Inadequate action in response to notice (6) If a NOPSEMA inspector is satisfied that action taken by the responsible person to remove the threat to health or safety is not adequate, the inspector must inform the responsible person accordingly. (7) In making a decision under subclause (6), a NOPSEMA inspector may exercise such of the powers of a NOPSEMA inspector conducting an OHS inspection as the inspector considers necessary for the purposes of making the decision. When notice ceases to have effect (8) The notice ceases to have effect in relation to a responsible person when a NOPSEMA inspector notifies the responsible person that the inspector is satisfied that the responsible person, or another person, has taken adequate action to remove the threat to health or safety.