Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 195

195 .         Power to issue prohibition notice

        (1)         This section applies if an inspector reasonably believes that —

            (a)         an activity is occurring at a workplace that involves or will involve a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard; or

            (b)         an activity may occur at a workplace that, if it occurs, will involve a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard.

        (2)         The inspector may give a person who the inspector reasonably believes has control over the activity a direction prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an inspector is satisfied that the matters that give or will give rise to the risk have been remedied.

        (3)         The direction may be given orally, but must be confirmed by written notice (a prohibition notice ) issued to the person as soon as practicable.

        (4)         An inspector cannot give a direction if compliance with the direction would affect adversely, or could reasonably be expected to affect adversely, a covert operation or a dangerous operation.