78BOHS inspections—improvement notices (notification and display)

78B OHS inspections—improvement notices (notification and display)

Scope (1) This clause applies if a NOPSEMA inspector issues an improvement notice to a person (the responsible person) under clause 78 in relation to a contravention, or likely contravention, of a listed OHS law. If notice not given to the operator’s representative—representative to be notified (2) If the notice is not issued by being given to the operator’s representative at the facility, the responsible person (unless the responsible person is the titleholder) must cause a copy of the notice to be given to the operator’s representative.

Note: If the responsible person is the titleholder, subclauses (4) and (5) provide for the operator and the operator’s representative to be notified.

If responsible person is operator or employer—notification of health and safety representative (3) If the responsible person is the operator or an employer (other than the operator) of members of the workforce, the operator’s representative at the facility must give a copy of the notice to each health and safety representative for a designated work group having group members performing work that is affected by the notice. If responsible person is titleholder—notification of operator and operator’s representative (4) If the responsible person 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. (5) If the responsible person is the titleholder, but the inspector is not at the facility when the notice is issued, the operator must give a copy of the notice to the operator’s representative at the facility. Display of notice (6) The operator’s representative at the facility must cause a copy of the notice to be displayed in a prominent place at or near each workplace at which work affected by the notice is being performed. NOPSEMA to notify employer, owner etc. (7) As soon as practicable after issuing the notice, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to: (a) the employer of an employee who is a member of the workforce, if the notice is issued: (i) to the employee; and (ii) in connection with work performed by the employee; and (b) the owner of any workplace, plant, substance or thing that the notice relates to, unless the owner is: (i) the responsible person; or (ii) an employer referred to in paragraph (a); and (c) if the responsible person is the owner of any workplace, plant, substance or thing because of which the contravention has occurred, or is likely to occur: (i) the operator of the facility; and (ii) if the employer of employees who work in that workplace or who use that plant, substance or thing is a person other than the operator—that employer; and (d) the titleholder, if: (i) the responsible person is the operator; and (ii) the contravention relates, or is likely to relate, to the titleholder’s well‑related obligations.