Commonwealth Numbered Regulations

1993 No. 282 PETROLEUM (SUBMERGED LANDS) (OCCUPATIONAL HEALTH AND SAFETY) REGULATIONS - SCHEDULE

                         SCHEDULE            Subregulation 2 (2)

FORMS
                          FORM 1                Paragraph 33 (a)

Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Occupational
Health and Safety) Regulations
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), appointed as the health and safety
representative under clause 13 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:
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
Designated Authority or an inspector to conduct an investigation into the
subject matter of the notice.
2. Subclause 18 (5) of Schedule 7 to the Act requires an employer to whom a
provisional improvement notice is given:
. to notify each employee working for the employer of the fact that the notice
has been issued; and
. 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.
3. Under subclause 18 (6) of Schedule 7 to the Act, a provisional improvement
notice ceases to have effect when:
. it is cancelled by the health and safety representative or an inspector; and
. 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.
4. Subclause 18 (7) of Schedule 7 to the Act requires the responsible person:
. to ensure, as far as possible, that a provisional improvement notice is
complied with; and
. to inform the health and safety representative who issued the notice of the
action taken to comply with the notice.
5. Under clause 37 of Schedule 7 to the Act, if an inspector has confirmed or
varied a provisional improvement notice:
. an employer affected by the inspector's decision; or
. the health and safety representative or involved union for a designated work
group whose employees are affected by the decision; or
. the owner of any plant substances or thing to which that decision relates;
or
. the person to whom the notice was issued; or
. if there is no designated work group - an involved union in relation to the
affected employee; may request the Australian Industrial Relations Commission
in writing to review the inspector's decision.
                          FORM 2                Paragraph 33 (b)

Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Occupational
Health and Safety) Regulations
NOTICE OF REMOVAL OF PLANT OR SAMPLE To: (name of employer or of owner of the
plant, substance or thing (if applicable)) and (name of health and safety
representative for designated workgroup) I, (name of inspector), an inspector
appointed under section 125 of the Act, in the course of conducting an
investigation 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:
(Inspector) Dated: NOTES:
1. This notice must be displayed in a prominent place at the workplace from
which the item was removed.
2. Under clause 39 of Schedule 7 to the Act, this notice must not be tampered
with or removed until the item has been returned to the workplace.
3. Under subclause 36 (8) of Schedule 7 to the Act, an employer to whom this
notice is given must:
. give a copy of the notice to each health and safety representative for a
designated workgroup of employees performing work that is affected by the
notice; and
. display a copy of the notice in a prominent place at or near each workplace
at which that work is being performed.
4. Under clause 37 of Schedule 7 to the Act, any of the following persons may
request the Australian Industrial Relations Commission in writing to review
the inspector's decision:
. an employer affected by the inspector s decision;
. any person to whom an Improvement Notice has been issued;
. the health and safety representative or an involved union for a designated
work group in which is included an employee affected by the decision;
. if there is no such designated work group - an involved union in relation to
the employee;
. the owner of any plant, substance or thing to which the inspector' s
decision relates.
                          FORM 3                Paragraph 33 (c)

Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Occupational
Health and Safety) Regulations
DO NOT DISTURB NOTICE To: (name of person in charge of operations at
workplace) I, (name of inspector), an inspector appointed under section 125 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: (Inspector) Dated: NOTES:
1. Under clause 34 of Schedule 7 to the Act, an employer who does not ensure
that this notice is complied with may be liable to a fine not exceeding 250
penalty units.
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.
3. Under clause 37 of Schedule 7 to the Act, any of the following persons may
request the Australian Industrial Relations Commission in writing to review
the inspector's decision:
. an employer affected by the inspector's decision;
. any person to whom an Improvement Notice has been issued;
. the health and safety representative or an involved union for a designated
work group in which is included an employee affected by the decision;
. if there is no such designated work group - an involved union in relation to
the employee;
. the owner of any plant, substance or thing to which the inspector's decision
relates.
                         FORM 4                 Paragraph 33 (d)

Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Occupational
Health and Safety) Regulations
PROHIBITION NOTICE To: (name and address of employer) and (name and address of
owner of workplace, plant or thing if different from the employer) I, (name of
inspector), an inspector appointed under section 125 of the Act, am of the
opinion that the person named above is the employer at: (location of
workplace) where an activity is being undertaken that immediately threatens
the health and safety of a person at or near the workplace. 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:
(Inspector) Dated: (* Omit if inapplicable) NOTES:
1. Under clause 35 of Schedule 7 to the Act, a body corporate to which this
notice is issued may be liable to a penalty not exceeding 250 penalty units
for failing to comply with this notice.
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.
3. If an inspector removes an item from a workplace, subclause 33 (4) of
Schedule 7 to the Act requires the inspector to have the item tested and
returned to the workplace as soon as practicable.
4. In accordance with subclause 33 (5) of Schedule 7 to the Act, the inspector
must provide a report in writing setting out the results of the tests carried
out on the item removed to each person who received a copy of the notice.
5. Under clause 37 of Schedule 7 to the Act, any of the following persons may
request the Australian Industrial Relations Commission in writing to review
the inspector's decision:
. an employer affected by the inspector's decision;
. any person to whom an Improvement Notice has been issued;
. the health and safety representative or an involved union for a designated
work group in which is included an employee affected by the decision;
. if there is no such designated work group - an involved union in relation to
the employee;
. the owner of any plant, substance or thing to which the inspector's decision
relates.
                           FORM 5               Paragraph 33 (e)

Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Occupational
Health and Safety) Regulations
IMPROVEMENT NOTICE To: (name of person responsible for contravention) and
(name of employer, if different from person responsible) and (name of owner of
workplace, plant or thing, if different from person responsible and employer)
I, (name of inspector), an inspector appointed under section 125 of the Act,
am satisfied that the person named above as the responsible person is
contravening, or has contravened and is
likely to contravene clause         of Schedule 7 to the Act or

regulation        of the Regulations 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 that section or regulation.

* The following action must be taken by the responsible person within the
period specified above: (if insufficient space, use additional page) Signed:
(Inspector) Dated: (* Omit if inapplicable)
(page 2 of Form 5) Return this portion of the notice (when the required
improvement has been completed) to this address:
Name:
Position:
Address:
Telephone:
Improvement Notice No.                      has been complied
with. Signed: This notice was delivered to: (insert name) in the
office/position of: (insert office/position) at: (insert time) am/pm on:
(insert date)
(See notes over)
(page 3 of Form 5) NOTES:
1. Under clause 36 of Schedule 7 to the Act, an employer or an employee of an
employer to whom this notice is issued may be liable to a penalty not
exceeding 100 penalty units for failing to comply with this notice.
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.
3. This notice ceases to have effect when the inspector notifies the employer
that he or she is satisfied that the employer has taken adequate action to
remove the threat to health or safety that caused the notice to be issued. If
the inspector has specified action that the employer should take to remove the
threat, the employer should advise the inspector as soon as the action has
been taken.
4. Under subclause 36 (8) of Schedule 7 to the Act, an employer to whom this
notice is given must: . give a copy of the notice to each health and safety
representative for a designated workgroup of employees performing work that is
affected by this notice; and . display a copy of the notice in a prominent
place at or near each workplace at which that work is being performed.
5. Under clause 37 of Schedule 7 to the Act, any of the following persons may
request the Australian Industrial Relations Commission to review the
inspector's decision:
. an employer affected by the inspector's decision;
. any person to whom an Improvement Notice has been issued;
. the health and safety representative or an involved union for a designated
work group in which is included an employee affected by the decision;
. if there is no such designated work group - an involved union in relation to
the employee;
. the owner of any plant, substance or thing to which the inspector's decision
relates.