Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

Petroleum (Submerged Lands) Act 1967 Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

PROVISIONAL IMPROVEMENT NOTICE

To:

(the responsible person within the meaning of subclause 17 (2) of Schedule 7 to the Act)

I, (name of the health and safety representative issuing the notice), selected as the health and safety representative under clause or 13A of Schedule 7 to the Act for (description of the designated work group), after consultation in accordance with subclause 17 (1) of Schedule 7 to the Act, believe that the following provision, or provisions, of the Act or Regulations is, or are, being contravened or is, or are, likely to continue to be contravened:

.

The contravention is (a brief description)

.

The contravention is occurring at (location)

.

The reasons for my opinion are as follows:

.

In accordance with paragraph 17 (4) (b) of Schedule 7 to the Act, action necessary to prevent the contravention, or the likely contravention, 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 subclause 17 (5) of Schedule 7 to the Act, I specify the following action to be taken: .

Dated

(signature)

Health and safety representative

NOTES:

Note: 1. Under subclause 18 (1) of Schedule 7 to the Act, a person to whom a provisional improvement notice is given may, within 7 days, request the Safety Authority or an OHS inspector to conduct an investigation into the subject matter of the notice.

Note: 2. Subclause 18 (5) of Schedule 7 to the Act requires a responsible person to whom a provisional improvement notice is given:

Note:  to notify each group member affected by the notice of the fact that the notice has been issued; and

Note:  to display a copy of the notice at or near each workplace at which work that is the subject of the notice is being performed.

Note: 3. Under subclause 18 (6) of Schedule 7 to the Act, a provisional improvement notice ceases to have effect when:

Note:  it is cancelled by the health and safety representative or an OHS inspector; and

Note:  the responsible person takes the action specified in the notice, or if no action is specified, takes the action that is necessary to prevent the contravention, or likely contravention, with which the notice is concerned.

Note: 4. Subclause 18 (7) of Schedule 7 to the Act requires the responsible person:

Note:  to ensure, as far as possible, that a provisional improvement notice is complied with; and

Note:  to inform the health and safety representative who issued the notice of the action taken to comply with the notice.

Note: 5. Under clause 37 of Schedule 7 to the Act, if an OHS inspector has confirmed or varied a provisional improvement notice:

Note:  the operator of the facility or an employer affected by the decision; or

Note:  the health and safety representative for a designated work group that includes a group member affected by the decision; or

Note:  the owner of any plant substances or thing to which that decision relates; or

Note:  the person to whom the notice was issued; or

Note:  a workforce representative in relation to the designated work group that includes a group member affected by the decision; or

Note:  if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;

Note: may request Fair Work Australia in writing to review the OHS inspector’s decision.

Form 2 Notice of removal of plant or sample

(paragraph 33 (b))

Petroleum (Submerged Lands) Act 1967 Petroleum (Submerged Lands) Act 1967

Schedule 1 Forms

(subregulation 2 (2))

Form 1 Provisional improvement notice

(paragraph 33 (a))

Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

PROVISIONAL IMPROVEMENT NOTICE

To:

(the responsible person within the meaning of subclause 17 (2) of Schedule 7 to the Act)

I, (name of the health and safety representative issuing the notice), selected as the health and safety representative under clause or 13A of Schedule 7 to the Act for (description of the designated work group), after consultation in accordance with subclause 17 (1) of Schedule 7 to the Act, believe that the following provision, or provisions, of the Act or Regulations is, or are, being contravened or is, or are, likely to continue to be contravened:

.

The contravention is (a brief description)

.

The contravention is occurring at (location)

.

The reasons for my opinion are as follows:

.

In accordance with paragraph 17 (4) (b) of Schedule 7 to the Act, action necessary to prevent the contravention, or the likely contravention, 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 subclause 17 (5) of Schedule 7 to the Act, I specify the following action to be taken: .

Dated

(signature)

Health and safety representative

NOTES:

Note: 1. Under subclause 18 (1) of Schedule 7 to the Act, a person to whom a provisional improvement notice is given may, within 7 days, request the Safety Authority or an OHS inspector to conduct an investigation into the subject matter of the notice.

Note: 2. Subclause 18 (5) of Schedule 7 to the Act requires a responsible person to whom a provisional improvement notice is given:

Note:  to notify each group member affected by the notice of the fact that the notice has been issued; and

Note:  to display a copy of the notice at or near each workplace at which work that is the subject of the notice is being performed.

Note: 3. Under subclause 18 (6) of Schedule 7 to the Act, a provisional improvement notice ceases to have effect when:

Note:  it is cancelled by the health and safety representative or an OHS inspector; and

Note:  the responsible person takes the action specified in the notice, or if no action is specified, takes the action that is necessary to prevent the contravention, or likely contravention, with which the notice is concerned.

Note: 4. Subclause 18 (7) of Schedule 7 to the Act requires the responsible person:

Note:  to ensure, as far as possible, that a provisional improvement notice is complied with; and

Note:  to inform the health and safety representative who issued the notice of the action taken to comply with the notice.

Note: 5. Under clause 37 of Schedule 7 to the Act, if an OHS inspector has confirmed or varied a provisional improvement notice:

Note:  the operator of the facility or an employer affected by the decision; or

Note:  the health and safety representative for a designated work group that includes a group member affected by the decision; or

Note:  the owner of any plant substances or thing to which that decision relates; or

Note:  the person to whom the notice was issued; or

Note:  a workforce representative in relation to the designated work group that includes a group member affected by the decision; or

Note:  if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;

Note: may request Fair Work Australia in writing to review the OHS inspector’s decision.

Form 2 Notice of removal of plant or sample

(paragraph 33 (b))

Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

NOTICE OF REMOVAL OF PLANT OR SAMPLE

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

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

I, (name of OHS inspector), an OHS inspector appointed under section 150YL of the Act, in the course of conducting an inspection under clause 30 of Schedule 7 to 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: (OHS Inspector)

Dated:

NOTES:

Note: 1. This notice must be displayed in a prominent place at the workplace from which the item was removed.

Note: 2. Under clause 39 of Schedule 7 to the Act, a person who tampers with, or removes, a notice, before the item has been returned to the workplace, may be liable to a penalty of imprisonment for 6 months.

Note: 3. Under subclause 33 (3) of Schedule 7 to the Act, if a notice is issued to the operator or to an employer of members of the workforce, 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 the work is being performed.

Note: 4. Under clause 37 of Schedule 7 to the Act, any of the following persons may request Fair Work Australia in writing to review the OHS inspector’s decision:

Note:  the operator of the facility or an employer affected by the decision;

Note:  the health and safety representative for a designated work group that includes a group member affected by the decision;

Note:  a workforce representative in relation to the designated work group that includes a group member affected by the decision;

Note:  if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;

Note:  the owner of any plant, substance or thing to which the OHS inspector’s decision relates.

Form 3 Do not disturb notice

(paragraph 33 (c))

Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

DO NOT DISTURB NOTICE

To: (name of operator’s representative at the facility)

I, (name of OHS inspector) an OHS inspector appointed under section 150YL of the Act, 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: (OHS Inspector)

Dated:

NOTES:

Note: 1. Under clause 34 of Schedule 7 to the Act, an operator of a facility who does not ensure that a notice is complied with may be liable to a penalty of 250 penalty units.

Note: 2. This notice must be displayed in a prominent place at the workplace and must not be tampered with or removed before the notice has ceased to have effect.

Note: 3. Under clause 37 of Schedule 7 to the Act, any of the following persons may request Fair Work Australia in writing to review the OHS inspector’s decision:

Note:  the operator of the facility or an employer affected by the decision;

Note:  the health and safety representative for a designated work group that includes a group member affected by the decision;

Note:  a workforce representative in relation to the designated work group that includes a group member affected by the decision;

Note:  if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;

Note:  the owner of any plant, substance or thing to which the OHS inspector’s decision relates.

Form 4 Prohibition notice

(paragraph 33 (d))

Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

PROHIBITION NOTICE

To: (name of operator’s representative at the facility)

I, (name of OHS inspector), an OHS inspector appointed under section 150YL of the Act, am satisfied that it is necessary to issue a prohibition notice to the operator of (name of the facility) in order to remove an immediate threat to the health or safety of a person.

I THEREFORE PROHIBIT the following activity or activities:

(a) at this workplace or part of workplace: (specify workplace, or part, as the case may be)

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

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

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

(if insufficient space, use additional page)

Signed: (OHS Inspector)

Dated:

Note: [* Omit if inapplicable]

NOTES:

Note: 1. Under clause 35 of Schedule 7 to the Act, an operator who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the operator has control, may be liable to a penalty of 250 penalty units.

Note: 2. This notice must be displayed in a prominent place at the workplace and must not be tampered with or removed before the notice has ceased to have effect.

Note: 3. Under clause 37 of Schedule 7 to the Act, any of the following persons may request Fair Work Australia, in writing, to review the OHS inspector’s decision:

Note:  the operator of the facility or an employer who is affected by the decision;

Note:  the health and safety representative for a designated work group that includes a group member affected by the decision;

Note:  a workforce representative in relation to the designated work group that includes a group member affected by the decision;

Note:  if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision.

Form 5 Improvement notice

(paragraph 33 (e))

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

To: (name of responsible person)

I, (name of OHS inspector), an OHS inspector appointed under section 150YL of the Act, am satisfied that the person named above as the responsible person is contravening, or has contravened, and is likely to contravene:

(a) clause of Schedule 7 to the Act; or

(b) regulation ;

at

(location of workplace).

The reasons for my opinion are:

(brief description of contravention)

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

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

(If insufficient space, use additional page)

Signed: (OHS Inspector)

Dated:

*(Omit if inapplicable)

(Page 2 of Form 5)

When the required improvement has been completed, return this part of the notice to the following person at the address below:

Name:

Position:

Address:

Telephone number:

Improvement Notice No. has been complied with.

Signed:

----------------------------------------------------------------------------------------

This notice was delivered to: (insert name)

in the office or position of (insert office or position)

at: (insert time, am or pm) on (insert date).

(See notes on page 3)

(Page 3 of Form 5)

NOTES

Note: 1. Under clause 36 of Schedule 7 to the Act, a person who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the person has control, may be liable to a penalty of 100 penalty units.

Note: 2. This notice must be displayed in a prominent place at the workplace and, under clause 39 of Schedule 7 to the Act, must not be tampered with or removed before the notice has ceased to have effect.

Note: 3. This notice ceases to have effect when the OHS inspector notifies the responsible person that he or she is satisfied that the responsible person has taken adequate action to remove the threat to health and safety that caused the notice to be issued. If the OHS inspector has specified action that the responsible person should take to remove the threat, the responsible person should advise the OHS