Northern Territory Numbered Acts

WORKPLACE HEALTH AND SAFETY ACT 2007 (NO 31 OF 2007) - SECT 40

    (1)     If a health and safety representative believes on reasonable grounds that:

    (a)     a hazardous situation exists at a workplace; and

    (b)     in consequence an offence has been, or is about to be, committed against this Act;

the health and safety representative may issue a notice of safety hazard.

    (2)     The notice may be issued to the employer or a worker or other person who is responsible for the hazardous situation.

    (3)     The notice must:

    (a)     be in an approved form; and

    (b)     identify the hazard; and

    (c)     state the action that, in the health and safety representative's opinion needs to be taken to eliminate or mitigate the hazard; and

    (d)     state a period (at least 7 days) within which the action is to be taken.

    (4)     If the hazard is not eliminated, or mitigated to the satisfaction of the health and safety representative, within the time allowed in the notice, the health and safety representative must report the matter to the Authority.

    (5)     On receiving a report under subsection (4), the Authority must arrange for the investigation of the matter by a workplace safety officer.

    (6)     If the workplace safety officer finds, on investigation, that an unacceptable risk to the health or safety of a worker exists, the workplace safety officer, or the Authority, will take any action that appears necessary to eliminate or mitigate the hazard.