This legislation has been repealed.
- As at 1 January 2012 - Act 40 of 2000 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. Name of Act 2. Commencement 3. Objects 4. Definitions 5. Application of Act 6. When employees and self-employed persons at work 7. Risks arising from activities at work PART 2 - DUTIES RELATING TO HEALTH, SAFETY AND WELFARE AT WORK Division 1 - General duties 7A. The concept of ensuring health and safety 8. Duties of employers 9. Duties of self-employed persons 10. Duties of controllers of work premises, plant or substances 11. Duties of designers, manufacturers and suppliers of plant and substances for use at work 12. Penalty for offence against this Division Division 2 - Duty to consult 13. Duty of employer to consult 14. Nature of consultation 15. When consultation is required 16. How consultation to be undertaken 17. Establishment of OHS committees, election of OHS representatives and other agreed arrangements 18. Functions of OHS committees and OHS representatives 19. Regulations with respect to consultation Division 3 - Related duties 20. Duties of employees 21. Person not to interfere with or misuse things provided for health, safety and welfare 22. Employer not to charge employees for things done or provided pursuant to statutory requirement 23. Unlawful dismissal or other victimisation of employee 23A. Application for reinstatement of employee unlawfully dismissed under section 23 24. Person not to hinder aid to injured worker etc 25. Person not to disrupt workplace by creating health or safety fears Division 4 - Ancillary provisions 26. Officers of corporations required to exercise due diligence 27. Aiding and abetting etc 28. (Repealed) 29. Relationship between duties under this Part and regulations 30. Alternative verdicts 31. Multiple contraventions of general duties under Division 1 32. Civil liability not affected by this Part PART 2A - WORKPLACE DEATHS--OFFENCE 32A. Reckless conduct causing death at workplace by person with OHS duties 32B. Prosecution for offences under this Part PART 3 - REGULATIONS 33. Regulations: general power 34. Regulations: specific miscellaneous powers 35. Regulations: specific powers with respect to licences, certificates of competency, registration and other authorities 36. Regulations may prescribe decisions that are to be reviewable by Administrative Decisions Tribunal 37. Regulations: adapting duties under Part 2 38. Regulations may adopt other publications 39. Regulations may create criminal offences 39A. Civil liability under regulations PART 4 - INDUSTRY CODES OF PRACTICE 40. Purpose of industry codes of practice 41. WorkCover may prepare draft codes 42. Consultation on draft codes 43. Approval of codes by Minister 44. Publication, commencement and availability of codes 45. Amendment or revocation of codes 46. Use of codes PART 5 - INVESTIGATIONS Division 1 - Appointment of inspectors 47. Appointment of inspectors (otherwise than in connection with mining workplaces or coal workplaces) 47A. Appointment of inspectors in connection with mining workplaces 47B. Appointment of inspectors in connection with coal workplaces 48. Identification of inspectors Division 2 - Powers of inspectors Note 49. (Repealed) 50. Powers of entry for places of work 51. Notice of entry 52. Production of authority to enter premises 53. Time for entry into premises 54. Use of force on entry 55. Notification of use of force on entry 56. Compensation 57. Entry to premises used for residential purposes 58. Search warrant 59. General powers available on entry 60. Powers available on entry to dismantle, take and keep things 61. Care to be taken 62. Power of inspectors to obtain information, documents and evidence 63. Power of inspector to demand name and address 64. Attendance of inspector at coronial inquest 65. Protection from incrimination 66. Offence: compliance 67. Offence of impersonating an inspector 68. Inspector may request assistance 69. Power of employees' representative to accompany inspector 70. Notice of taking or dismantling plant, substances or other things 71. Powers supporting taking of things 72. Receipt for things taken 73. Forfeiture of things taken 74. Return of things taken 75. Access to things taken 75A. Certain actions by inspectors Division 3 - Entry and inspection powers of authorised employees' representatives 76. Definition 77. Powers of entry of places of work 78. Notice of entry 79. Authority to enter premises 80. Entry to premises used for residential purposes 81. Powers available on entry 82. Care to be taken 83. Authorised representative may request assistance from inspector 84. Offence of failing to comply with requirement of authorised representative 85. Offence of impersonating an authorised representative Division 4 - Incidents at places of work 86. Notification of incidents 87. Non-disturbance of plant involved in serious incidents (and of surrounding area) 88. Minister may require and publish special reports into incidents PART 6 - INVESTIGATION, IMPROVEMENT AND PROHIBITION NOTICES Division 1 - Investigation notices 89. Investigation notice to stop plant or prevent disturbance of premises to allow investigation 90. Offence: failure to comply with investigation notice Division 2 - Improvement notices 91. Issue of improvement notices 92. Offence: failure to comply with improvement notice Division 3 - Prohibition notices 93. Issue of prohibition notices 94. Offence: failure to comply with prohibition notice Division 4 - General provisions relating to notices 95. Notices may include directions 96. Review of notices by WorkCover 97. Appeal to Industrial Magistrate following review 98. Application to Industrial Magistrate for stay of investigation or prohibition notice 99. Withdrawal of notices 100. Revocation or withdrawal of notice does not prevent issue of another notice 101. Service of notices 102. Exhibition of notices 103. Proceedings for offences not affected by notices 104. (Repealed) PART 7 - CRIMINAL AND OTHER PROCEEDINGS Division 1A - Application of this Part 104A. Application of this Part Division 1 - Proceedings for offences generally 105. Summary procedure for offences 106. Authority to prosecute 107. Time for instituting proceedings for offences 107A. Time for instituting proceedings--special provision for work incident notification 108. Penalty notices for certain offences 109. Evidentiary statements 110. Onus of proof concerning reasonable excuse Division 2 - Court orders in connection with offences 111. Operation of Division 112. Orders generally 113. Orders for restoration 114. Orders regarding costs and expenses of investigation 115. Orders to publicise or notify offence 116. Orders to undertake OHS projects 117. Offence: failure to comply with order Division 3 - Proceedings against the Crown and government agencies 118. Act to bind Crown 119. Criminal proceedings against the Crown and agents of the Crown 120. Responsible agency for the purposes of proceedings against the Crown 121. Penalties in respect of proceedings against the Crown 122. Investigation, improvement or prohibition notices in connection with the Crown 123. Proceedings against successors of government corporations Division 4 - Sentencing guidelines 124. Definitions 125. Guideline judgments on application of Attorney General 126. Peak councils may intervene 127. Full Bench may give persons or organisations leave to appear 128. Alteration of guideline judgments 129. Discretion of Full Bench preserved 130. Rules of Industrial Relations Commission 131. Use of evidence in giving guideline judgments PART 8 - MISCELLANEOUS 132. Application of associated occupational health and safety legislation 133. Application of Act to mining workplaces and coal workplaces--references to WorkCover 134. Application of Act to police officers 135. Plant affecting public safety--extension of Act 135A. Dangerous goods--extension of Act 136. Offence of obstructing or intimidating inspectors and others exercising functions under Act 137. Disclosure of information by inspectors and others 137A. Delegation of certain functions 138. Notes 139. Repeals 140. (Repealed) 141. Savings, transitional and other provisions 142. Review of Act SCHEDULE 1 Schedule 2 (Repealed) SCHEDULE 3