Occupational Safety and Health Act 1984 - Castledare

1 western AustraliaOccupational Safety and Health Act 1984 STATUS OF THIS DOCUMENTThis document is from an electronic database of legislation maintainedby the Parliamentary Counsel s Office of western warranty is given as to the accuracy or completeness of thisdocument. The State of western australia and its agents andemployees disclaim liability, whether in negligence or otherwise, forany loss or damage resulting from reliance on the accuracy orcompleteness of this AND CONSOLIDATION NUMBERINGThe reprint number (in the footer of each page of the document) showshow many times the Act has been reprinted. For example, numbering areprint as Reprint 3 would mean that the reprint was the 3rd reprintsince the Act was passed. A consolidation described as Consolidation3a would be the result of updating Reprint 3 for the first time to reflectthe amendments since the date as at which Reprint 3 was and consolidation numbering was implemented as from1 January in this document is reserved to the Crown in right of theState of western australia .

2 Reproduction except in accordance withcopyright law is TEXT OF THE LEGISLATION FOLLOWSC onsolidation 5cpage iWestern AustraliaOccupational Safety and Health Act 1984 CONTENTSPart I levels of first offence and subsequent offence of this does not operate to affect adversely certain II Commission for OccupationalSafety and Commission136A. Deputy and conditions of appointed western australia of of of the of the Industry Advisory report24 Occupational Safety and Health Act 1984 Contentspage iiConsolidation to assist the Commissioner and the department24 Part III General provisions relatingto Occupational Safety and healthDivision 1 of gross negligence in relation to certainbreaches of this Part26 Division 2 General workplace of of section 19(1) of of section 20(1) or (3) of employers and self-employed of section placed on body corporate to which section 23D,23E or 23F of section of persons who have control of of section 22(1) of manufacturers, of section 233723A.

3 Prohibited activities in prescribed of section 23A38 Division 3 Certain workplace situations to betreated as used in this work arrangements in hire arrangements43 Division 4 Duty relating to certainemployment of employer to maintain safe of section 23G45 Division 5 Other of deaths, injuries and of section to inform employee who reports a hazard orinjury 48 Occupational Safety and Health Act 1984 ContentsConsolidation 5cpage of hazard to person having controlof workplace49 Division 6 Resolution of workplace issues, andrefusal to work on grounds of of issues at the may be notified where issues by employees to work in certain of other to continue5228A. Offences refusal to work53 Part IV Safety and healthrepresentatives and committeesDivision 1 Safety and Health requiring election of Safety and on matters relevant to scheme may be may be included in a of further delegates may be of Safety and Health of of Safety and Health of Safety and Health duties of employers in relation to Safety andhealth against Safety and healthrepresentative in relation to against Safety and healthrepresentative in relation to contract for may be referred to the that may be granted70 Division 2 Safety and Health to appoint of employer to establish a Safety and for establishment of Safety and healthcommittee72 Occupational Safety and Health Act 1984 Contentspage ivConsolidation of question to may establish a Safety and

4 Health Safety and Health committee to be may make determination in certaincases of committee may cover more than of agreement and abolition of of Commissioner s of Safety and Health V meaning of employer and employee of of restricted of restricted of by VI Improvement andprohibition noticesDivision 1 Issue of notices by meaning of employer and employee may issue improvement may issue prohibition may include may be issued to the of power of Commissioner to cancel notice9751A. Further review of notices98 Division 2 Issue of provisional improvementnotices by Safety and Health of provisional improvement required before issue100 Occupational Safety and Health Act 1984 ContentsConsolidation 5cpage of notices may include to comply with of notice by an inspector102 Part VIA Safety and healthmagistrates51B.

5 Safety and Health magistrates10451C. Jurisdiction of Safety and Health magistrate10451D. Representation10551E. Administrative arrangements105 Part VIB Occupational Safety andHealth Relations Commission sitting as theOccupational Safety and Health to be exercised by Commissioner withrequisite , procedure and matters to be heard together109 Part VII Legal proceedingsDivision 1 General penalty11254A. Continuing offences11354B. by bodies double jeopardy115 Division 2 Criminal proceedings against may be against body in other applicable to responsible where agency has ceased to in proceedings against the Crown119 Occupational Safety and Health Act 1984 Contentspage viConsolidation 5cDivision 3 Undertaking by offender in lieu ofpayment of used in this may allow offender to make of to enter into for payment of and terms of may be included in of to comply with of may be published125 Part VIII of to comply with may transfer administration of certain lawsto of of Act133 Schedule134 Subject matter for regulations134 NotesCompilation table138 Provisions that have not come into operation140 Consolidation 5cpage 1 western AustraliaOccupational Safety and Health Act 1984An

6 Act to promote and improve standards for Occupational safetyand Health , to establish the Commission for Occupational Safety andHealth, to provide for a tribunal for the determination of certainmatters and claims, to facilitate the coordination of theadministration of the laws relating to Occupational Safety and healthand for incidental and other purposes.[Long title amended by No. 30 of 1995 s. 4; No. 74 of 2003s. 87(2); No. 51 of 2004 s. 62.] Occupational Safety and Health Act 1984 Part IPreliminarys. 1page 2 Consolidation 5cPart I Preliminary[Heading inserted by No. 43 of 1987 s. 4.] titleThis Act may be cited as the Occupational Safety and HealthAct 1984 1.[Section 1 amended by No. 30 of 1995 s. 5.] provisio ns of this Act shall co me into operation on such dayor days as is or are respectively fixed by proclamation (1)In this Act unless the contrary intention appears appointed member means a member of the Commissionreferred to in section 6(2)(a) or (d); apprentice (a)means an apprentice under the Industrial TrainingAct 1975; or(b)if Part 7 of the Vocational Education and TrainingAct 1996 comes into operation, means a person who,as an employee, has entered into an apprenticeshipwithin the meaning of that term in section 58 of thatAct; Australian Standard means a document having that titlepublished by Standards australia International Limited(ACN 087 326 690).

7 Australian/New Zealand Standard means a documenthaving that title published jointly by (a)Standards australia International Limited (ACN087 326 690); and(b)the Standards Council of New Zealand; chairperson means the chairperson of the Commission; Occupational Safety and Health Act 1984 PreliminaryPart Is. 3 Consolidation 5cpage 3 code of practice means a code of practice approved by theMinister under Part VIII; Commission means the Commission for Occupational Safetyand Health established under this Act; Commissioner means the person holding office as WorkSafeWestern australia Commissioner under section 9; Commissioner of Police means the person holding the officeof Commissioner of Police under the Police Act 1892; department means the department of the Public Service ofthe State principally assisting the Minister in theadministration of this Act; employee means (a)a person by whom work is done under a contract ofemployment; or(b)an apprentice or trainee; employer means (a)a person that employs an employee under a contractof employment.

8 And(b)in relation to an apprentice or trainee, the person thatemploys the apprentice or trainee under anapprenticeship or traineeship scheme under theIndustrial Training Act 1975; hazard , in relation to a person, means anything that mayresult in (a)injury to the person; or(b)harm to the Health of the person; import means to bring into the State, whether from outsideAustralia or otherwise; improvement notice means an improvement notice issuedunder Part VI; inspector means an inspector appointed under section 42, andsubject to section 42B(3), includes a restricted inspectorappointed under section 42A; Occupational Safety and Health Act 1984 Part IPreliminarys. 3page 4 Consolidation 5c plant includes any machinery, equipment, appliance,implement, or tool and any component or fitting thereof oraccessory thereto; police officer means a person appointed (a)under Part I of the Police Act 1892 to be a member ofthe Police Force of western australia ;(b)under Part III of the Police Act 1892 to be a specialconstable; or(c)under Part IIIA of the Police Act 1892 to be anaboriginal aide; practicable means reasonably practicable having regard,where the context permits, to (a)the severity of any potential injury or harm to healththat may be involved, and the degree of risk of itoccurring;(b)the state of knowledge about (i)the injury or harm to Health referred to inparagraph (a);(ii)the risk of that injury or harm to healthoccurring.

9 And(iii)means of removing or mitigating the risk ormitigating the potential injury or harm to Health ;and(c)the availability, suitability, and cost of the meansreferred to in paragraph (b)(iii); prescribed law means a law prescribed for the purposes ofsection 14(1)(b); prohibition notice means a prohibition notice issued underPart VI; provisional improvement notice means a provisio nalimprovement notice issued under Part VI Division 2; risk , in relation to any injury or harm, means the probabilityof that injury or harm occurring; Occupational Safety and Health Act 1984 PreliminaryPart Is. 3 Consolidation 5cpage 5 Safety and Health committee means a Safety and healthcommittee established under Part IV Division 2; Safety and Health magistrate means a person holding officeas a Safety and Health magistrate under section 51B; Safety and Health representative means a Safety and healthrepresentative elected under Part IV Division 1; self-employed person means an individual who works forgain or reward otherwise than (a)under a contract of employment; or(b)as an apprentice or trainee,whether or not the individual is an employer; supply , in relation to any plant or substance, includes supplyand re-supply by way of (a)sale (including by auction), exchange, lease, hire, orhire-purchase, whether as principal or agent.

10 (b)the disposal in a manner referred to in paragraph (a)of assets of a business that include any plant orsubstance; and(c)the disposal of all of the shares in a company thatowns any plant or substance; trade union means (a)an organisation registered under section 53 of theIndustrial Relations Act 1979; or(b)an organisation registered under the IndustrialRelations Act 1988 2 of the Parliament of theCommonwealth and having employees as itsmembers, or a branch of any such organisation; trainee means a person belonging to a class of personsdefined by the regulations as trainees for the purposes ofthis Act; transferred law means a law or a provisio n of a lawtransferred to the administration of the Minister pursuant toan order under this Act; Occupational Safety and Health Act 1984 Part IPreliminarys. 3page 6 Consolidation 5c Tribunal has the meaning given to that term insection 51G(2); WA Police means the Police Force of western Australiaprovided for by the Police Act 1892; workplace means a place, whether or not in an aircraft, ship,vehicle, building, or other structure, where employees orself-employed persons work or are likely to be in the courseof their work.