35Power to issue prohibition notices

#### 35 Power to issue prohibition notices (1) If, having conducted an inspection, an OHS inspector is satisfied on reasonable grounds that it is reasonably necessary to issue a prohibition notice to the operator of a facility in order to remove an immediate threat to the health or safety of any person, the OHS inspector may issue such a notice, in writing, to the operator. (2) The notice must be issued to the operator by giving it to the operator’s representative at the facility. (3) The notice must: (a) specify the activity in respect of which, in the OHS inspector’s opinion, the threat to health or safety has arisen, and set out the reasons for that opinion; and (b) either: (i) direct the operator to ensure that the activity is not engaged in; or (ii) direct the operator 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. (4) The operator must ensure that the notice is complied with. Penalty: 250 penalty units. (5) If an OHS inspector is satisfied that action taken by the operator to remove the threat to health and safety is not adequate, the OHS inspector must inform the operator accordingly. (6) The notice ceases to have effect when an OHS inspector notifies the operator that the OHS inspector is satisfied that the operator has taken adequate action to remove the threat to health or safety. (7) In making a decision under subclause (5), an OHS inspector may exercise such of the powers of an OHS inspector conducting an inspection as the OHS inspector considers necessary for the purposes of making the decision. (8) The notice may specify action that may be taken to satisfy an OHS inspector that adequate action has been taken to remove the threat to health and safety. (9) The operator’s representative at the facility must: (a) give a copy of the notice to each health and safety representative (if any) for any designated work group having group members performing work that is affected by the notice; and (b) cause a copy of the notice to be displayed at a prominent place at or near each workplace at which that work is performed. (10) If the notice relates to any workplace, plant, substance or thing that is owned by a person other than the operator, the OHS inspector must, upon issuing the notice, give a copy of the notice to that person.