Part 1 Preliminary
1 Name of Regulations [see Note 1]
These Regulations are the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993.
1A Objects
The object of these regulations is to prescribe matters related to occupational health and safety on offshore petroleum facilities.
1B Relationship with other regulations made under the Act
The requirements of these Regulations are in addition to the requirements imposed on a person by any other regulations made under the Act.
2 Interpretation
(1) In these Regulations, unless the contrary intention appears:
Act means the Petroleum (Submerged Lands) Act 1967.
controlled substance means a substance mentioned in:
(a) Schedule 8 to the Customs (Prohibited Exports) Regulations 1958; or
(b) Schedule 4 to the Customs (Prohibited Imports) Regulations 1956.
designated work group has the meaning given in clause 2 of Schedule 7 to the Act.
election means an election for a health and safety representative or a deputy health and safety representative under clause 13, 13A or 22 of Schedule 7 to the Act.
employer has the meaning given in clause 2 of Schedule 7 to the Act.
facility has the meaning given in clause 2 of Schedule 7 to the Act.
health and safety representative means a person selected as a health and safety representative for a designated work group under clause 13 of Schedule 7 to the Act.
identity card means an identity card issued, under section 150YM of the Act, to an OHS inspector.
intoxicant means a beverage or other substance for human consumption that contains alcohol (other than a substance for medical or pharmaceutical use).
member of the workforce, in relation to a facility, has the meaning given in clause 2 of Schedule 7 to the Act.
OHS inspector means a person appointed as an OHS inspector under section 150YL of the Act.
operator has the meaning given in clause 2 of Schedule 7 to the Act.
qualified:
(a) in relation to a medical practitioner, means qualified or entitled, under a law of a State or Territory, to practise as a medical practitioner; and
(b) in relation to a nurse, means qualified or entitled, under a law of a State or Territory, to practise as a nurse; and
(c) in relation to a pharmacist, means qualified or entitled, under a law of a State or Territory, to practise as a pharmacist.
returning officer means a person appointed as a returning officer under regulation 6.
Safety Authority means the National Offshore Petroleum Safety Authority established by section 150XD of the Act.
therapeutic drug means a drug that:
(a) may be prescribed by a qualified medical practitioner under a law of a State or Territory; or
(b) may be sold under that law, without a prescription prepared by a qualified medical practitioner.
voter means a person who is eligible to vote in an election under the Act.
work has the meaning given in clause 2 of Schedule 7 to the Act.
workplace has the meaning given in clause 2 of Schedule 7 to the Act.
(2) A reference in these Regulations to a form by number is a reference to the form so numbered in Schedule 1.
3 Forms, notices and reports
(1) A form must be completed in accordance with a direction specified in, or at the foot of, the form.
(2) A person who is required for the purposes of the Act or these Regulations:
(a) to complete a form; or
(b) give notice or make a report;
must complete the form, give notice or make the report in sufficient detail to allow proper consideration of the form, notice or report.
(3) A form, notice or report must be produced clearly and legibly in handwriting or by means of a machine in such a manner as to enable clear and legible reproduction of the contents of the form, notice or report.
Part 2 Regulations relating to health and safety
4A Avoiding fatigue
(1) This regulation applies to:
(a) an operator; and
(b) an employer; and
(c) another person in control of:
(i) a facility; or
(ii) a part of a facility; or
(iii) particular work carried out at a facility.
(2) The person must not allow, or require, a member of the workforce who is under the person’s control, to work for:
(a) a continuous period; or
(b) successive continuous periods;
of a duration that could reasonably be expected to have an adverse effect on the health or safety of the member of the workforce or other persons at or near the facility.
Penalty: 10 penalty units.
4B Possession or control of drugs or intoxicants
(1) A person on a facility must not have possession or control of:
(a) a controlled substance; or
(b) an intoxicant.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) It is a defence to a prosecution under subregulation (1):
(a) that the person had possession or control of a controlled substance that is a therapeutic drug; and
(b) that the person had the therapeutic drug under his or her possession or control:
(i) in the course of the person’s employment; or
(ii) in the course of the person’s duties or practice as:
(A) a qualified medical practitioner; or
(B) a qualified nurse; or
(C) a qualified pharmacist; or
(iii) in accordance with the law of a State or Territory; or
(iv) if the person had lawfully acquired the therapeutic drug — for the person’s bona fide personal use.
4C Person must leave the facility when instructed to do so
(1) A person on a facility must leave the facility if instructed to do so by a person in command of the facility.
Penalty: 10 penalty units.
(2) An instruction:
(a) in the case of an emergency — may be given orally; or
(b) in any other case, relevant to occupational health and safety on the facility:
(i) must be in writing; and
(ii) must include the reason for the instruction.
4D Prohibition on the use of certain hazardous substances
(1) This regulation applies to:
(a) an operator; and
(b) an employer; and
(c) another person in control of:
(i) a facility; or
(ii) a part of a facility; or
(iii) particular work carried out at a facility.
(2) The person must not allow a hazardous substance, referred to in column 2 of an item in Part 2 or 3 of Schedule 2, to be used in any circumstance other than a circumstance specified in column 3 of the item.
Penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) It is a defence to a prosecution against subregulation (2) that the use is in accordance with an exemption granted by the Safety Authority under regulation 4G.
(5) Subregulation (2) does not apply to the use of chrysotile asbestos if the chrysotile asbestos is in a product specified in the National List of Exemptions contained in Schedule 2 to the National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005(1994)] published by the National Occupational Health and Safety Commission, as existing from time to time.
4E Limitations on exposure to certain hazardous substances
(1) This regulation applies to:
(a) an operator; and
(b) an employer; and
(c) another person in control of:
(i) a facility; or
(ii) a part of a facility; or
(iii) particular work carried out at a facility.
(2) The person must not allow a member of the workforce, under the person’s control, to be exposed to an airborne concentration of a hazardous substance in the breathing zone of the member of the workforce at a level that exceeds the appropriate exposure standard for the relevant period of time.
Penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) It is a defence to a prosecution against subregulation (2) that the airborne concentration of the hazardous substance in the breathing zone of the member of the workforce is in accordance with an exemption given by the Safety Authority under regulation 4G.
(5) In this regulation:
appropriate exposure standard means an airborne concentration for a substance as set out in the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)] published by the National Occupational Health and Safety Commission, as existing from time to time.
hazardous substance means a substance:
(a) that is described in the List of Designated Hazardous Substances [NOHSC:10005(1999)] published by the National Occupational Health and Safety Commission, as existing from time to time; or
(b) that has been determined, in writing, to be a hazardous substance by its manufacturer in accordance with the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008(1999)] published by the National Occupational Health and Safety Commission, as existing from time to time; or
(c) that is mentioned in Part 3 of Schedule 2.
4F Exposure to noise
(1) This regulation applies to:
(a) an operator; or
(b) an employer; or
(c) another person in control of:
(i) a facility; or
(ii) a part of a facility; or
(iii) particular work carried out at a facility.
(2) The person must not allow a member of the workforce who is under the person’s control to be exposed to a level of noise that is in excess of the noise exposure standard.
Penalty: 20 penalty units.
(2A) However, it is not an offence for a person to allow a member of the workforce who is under the person’s control to be exposed to a level of noise that exceeds the noise exposure standard if:
(a) noise exposure is managed in a manner consistent with the provisions of the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009 (2004)], as existing from time to time; and
(b) after allowing for the protection offered by hearing protectors, the level of noise exposure is less than:
(i) an LAeq,8h, of 85dB(A); or
(ii) an LC,peak, of 140dB(C).
(2B) Paragraph 2A (b) applies despite the wording of the noise exposure standard.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against subregulation (2) that the level of noise to which the member of the workforce is exposed, is in accordance with an exemption given by the Safety Authority under regulation 4G.
(5) In this regulation:
noise exposure standard means the noise exposure standard set out in the National Standard for Occupational Noise [NOHSC: 1007(2000)] published by the National Occupational Health and Safety Commission, as existing from time to time.
4G Exemptions from hazardous substances and noise requirements
(1) This regulation applies to:
(a) an operator; or
(b) an employer; or
(c) another person in control of:
(i) a facility; or
(ii) a part of a facility; or
(iii) particular work carried out at a facility.
(2) A person mentioned in subregulation (1) may apply to the Safety Authority for an exemption from compliance with subregulation 4D (2), 4E (2) or 4F (2).
(3) The Safety Authority may grant an exemption if it considers that, in specified circumstances, compliance is not practicable.
(4) The Safety Authority may specify conditions and limitations on an exemption.
Part 3 Election of health and safety representatives
Division 1 Returning officer
6 Appointment of returning officer
(1) If, under subclause 13A (3) of Schedule 7 to the Act, an operator is required to conduct an election, or arrange for the conduct of an election, the operator must nominate a person to act as the returning officer for the election.
(2) The operator must notify the Safety Authority of the nomination.
(3) The Safety Authority may:
(a) approve the nomination and appoint the nominee as returning officer; or
(b) appoint another person as returning officer.
Division 2 The poll
11 Number of votes
Each person eligible to vote in an election is entitled to one vote only in the election.
12 Right to secret ballot
A person eligible to vote in an election may request the returning officer for the election to conduct the poll for the election by secret ballot.
13 Conduct of poll by secret ballot
(1) As soon as practicable after a request under regulation 12, the returning officer must issue ballot-papers for the poll to voters.
(2) The returning officer must conduct the poll in accordance with Divisions 3 and 4.
14 Conduct of poll if no request made for secret ballot
Subject to Division 5, if no request is made for a secret ballot, the returning officer for an election may conduct a poll for the election in a manner determined by him or her to produce a fair result.
15 If no candidate is elected
If, in an election, no candidate is elected, the election is taken to have failed.
Division 3 Polling by secret ballot
16 Ballot-papers
A ballot-paper must:
(a) state the election to which it relates; and
(b) set out the name of each candidate in alphabetical order; and
(c) state the manner of voting.
17 Distribution of ballot papers
(1) As soon as practicable before the close of a poll by secret ballot, the returning officer for an election must give to each voter:
(a) a ballot-paper that is initialled by the returning officer; and
(b) an envelope that:
(i) is addressed to the returning officer; and
(ii) shows on its face that it relates to the election.
(2) The envelope given to a voter by a returning officer:
(a) may be pre-paid as to postage; and
(b) in that case — may include on its face a statement by the returning officer that the envelope may be posted to the returning officer without expense to the voter.
(3) The returning officer must ensure that the ballot-paper and envelope are enclosed in a covering envelope that is sealed and addressed to the voter.
18 Manner of voting by secret ballot
(1) A voter in a poll by secret ballot must mark the ballot-paper to indicate his or her preference by placing the number 1 in the box printed opposite the name of the candidate for whom that person wishes to vote.
(2) After marking the ballot-paper, the voter must:
(a) fold the ballot-paper so as to conceal the marking; and
(b) put the ballot-paper in the envelope referred to in paragraph 17 (1) (b) and seal the envelope; and
(c) lodge the ballot by:
(i) putting the envelope containing the ballot-paper in a locked and sealed ballot box, provided for the election by the returning officer, in a secure part of the workplace where the members of the workforce in the designated work group to which the election relates may place envelopes of that kind; or
(ii) sending the envelope to the returning officer so as to reach him or her not later than the close of the poll.
(3) If, before lodging his or her ballot, a voter:
(a) claims that he or she has spoilt his or her ballot-paper; and
(b) returns the ballot-paper to the returning officer; and
(c) requests a further ballot-paper;
the returning officer must:
(d) give the voter a fresh ballot-paper; and
(e) write the word ‘spoilt’ across the returned ballot-paper and sign and date the writing; and
(f) retain the spoilt ballot-paper until the end of 6 months after notification of the result of the poll is given under regulation 30.
Division 4 The count
19 Envelopes given to returning officer
(1) A returning officer for an election must:
(a) keep the ballots received by him or her before the close of the poll secure; and
(b) keep the envelopes containing the ballot-papers unopened until the count.
(2) The returning officer must not admit to the count ballot-papers received by him or her after the close of the poll.
20 Scrutineers
Each candidate in a poll conducted by secret ballot may appoint one scrutineer to represent him or her at the count.
21 Returning officer to be advised of scrutineers
A candidate must tell the returning officer for the election the name of his or her scrutineer (if any) before the commencement of the count.
22 Persons present at the count
(1) The returning officer for an election may direct a person to leave the place where the count is being conducted if the person:
(a) is not entitled to be present, or to remain present, at the count; or
(b) being entitled to be present, interrupts the count, except as provided by subregulation (2).
(2) A candidate’s scrutineer may interrupt the count and so inform the returning officer if the scrutineer:
(a) objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or
(b) considers that an error has been made in the conduct of the count.
(3) A person who does not comply with a direction given to him or her under subregulation (1) is guilty of an offence.
Penalty: 5 penalty units.
(4) However, it is a defence to a prosecution for an offence against subregulation (3) if the person has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).
(5) An offence against subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
23 Conduct of the count
(1) As soon as practicable after the close of the poll, the returning officer must count the votes for each candidate.
(1A) A scrutineer, appointed under regulation 20, may be present at the count.
(2) A returning officer must, as soon as practicable before the count, notify each candidate, or a scrutineer of each candidate, of the place where, and the time when, the count is to occur.
(3) The candidate who receives the most votes is the successful candidate.
(4) If 2 or more candidates receive the same number of votes, the successful candidate is to be determined by lots drawn by the returning officer.
25 Informal ballot-papers
A ballot-paper is informal if:
(a) it is not initialled by the returning officer; or
(b) it has no vote marked on it; or
(c) it is so imperfectly marked that the intention of the person who marked the ballot-paper is not clear; or
(d) it has any mark or writing on it by which the person who marked the ballot-paper can be identified.
26 Completion of the count
After the count conducted in respect of a poll has been completed, the returning officer must prepare, date and sign a statement setting out:
(a) the number of valid votes given to each candidate; and
(b) the number of informal ballot-papers.
27 Destruction of election material
At the end of 6 months after notification of the result of the poll for an election is given under regulation 30, the returning officer may destroy:
(a) the nominations for that election; and
(b) the ballot-papers, including any spoilt ballot-papers, for the election.
Division 5 Result of election
28 Request for recount
(1) At any time before notification of the result of the poll for an election is given under regulation 30, the returning officer:
(a) on his or her own initiative — may conduct a recount of any ballot-papers received in the election; or
(b) if a candidate makes a request, either orally or in writing, for a recount of any ballot-papers received in the election and gives reasons for the request — must conduct a recount of the ballot-papers.
(2) In conducting a recount, the returning officer:
(a) in the case of a poll by secret ballot — has the same powers for the purposes of the recount as he or she had in the count; and
(b) in any other case — may make any reasonable decision in respect of the allowance and admission, or disallowance and rejection, of a vote cast in the poll.
29 Irregularities at election
(1) Subject to subregulation (2), if the returning officer has reasonable grounds to believe that there has been an irregularity in the conduct of an election, he or she may, at any time before notification of the result of the poll is given under regulation 30, declare the election to be void.
(2) An election must not be declared to be void only because of:
(a) a defect or irregularity in the conduct of the election that did not affect the result of the election; or
(b) an error or defect in an instrument or other document made, or purporting to be made, for the purposes of this Part; or
(c) an illegal practice, other than bribery or corruption, or attempted bribery or corruption, having been engaged in by a person, unless:
(i) it is likely that the result of the election was affected by the practice; and
(ii) it is just that the election be declared void.
(3) If an election is declared void, regulation 30 applies as if the election had failed.
30 Result of poll
(1) As soon as practicable after the failure of an election, a returning officer must notify in writing:
(a) the operator of the facility to which the election relates; and
(b) the Safety Authority;
of the failure of the election.
(2) As soon as practicable after the close of the poll for an election that has not failed, the returning officer must notify in writing the candidate who is elected and enclose with the notification a copy of the statement prepared under regulation 26.
Part 4 Advice, investigations and inquiries
31 OHS inspectors — identity cards
For paragraph 150YM (2) (a) of the Act, an identity card issued to an OHS inspector by the Safety Authority, under section 150YM of the Act, must include the following information:
(a) the OHS inspector’s name;
(b) the date on which the OHS inspector was appointed;
(c) if the OHS inspector is an officer of a statutory authority established under a law of the Commonwealth or of a State or Territory — the name of the authority;
(d) if the OHS inspector is not an officer of such a statutory authority — the functions for which the person has been appointed;
(e) powers that have been delegated to the person under the Act or a State or Territory law that deals with matters similar to the matters dealt with in the Act;
(f) the identification number of the identity card;
(g) the expiry date of the identity card;
(h) instructions for the return of the identity card, if found.
32 Taking samples for testing etc
(1) If a sample of a substance or thing taken under subclause 33 (1) of Schedule 7 to the Act is safely and practicably divisible, the OHS inspector who has taken the sample must:
(a) divide the sample into 3 parts; and
(b) put each part into a container and seal and label the container appropriately; and
(c) give 1 part to the operator or the employer for whom the substance or thing was being used; and
(d) provide another part for inspection, examination, measuring or testing for the purposes of Schedule 7 to the Act; and
(e) retain the remaining part for any further inspection, examination, measuring or testing that is required.
(2) If a sample of a substance or thing taken under subclause 33 (1) of Schedule 7 to the Act is not safely and practicably divisible, the OHS inspector who has taken the sample must provide the whole sample for inspection, examination, measuring or testing for the purposes of the Schedule.
(3) An OHS inspector who, under subclause 33 (1) of Schedule 7 to the Act:
(a) has taken possession of any plant, substance or thing; or
(b) has taken a sample of a substance or thing;
and removed the plant, substance or thing or the sample from the workplace must take all reasonable steps to ensure that, while in his or her possession or control:
(c) the plant, substance or thing is not damaged; or
(d) the sample is not contaminated.
33 Form of certain notices
A notice issued by an elected health and safety representative or OHS inspector under a following provision of Schedule 7 to the Act must be in accordance with the form specified in relation to the provision concerned:
(a) subclause 17 (2) (provisional improvement notices) — Form 1;
(b) subclause 33 (1) (power to take possession of plant, take samples of substances etc) — Form 2;
(c) subclause 34 (1) (power to direct that workplace etc not be disturbed — Form 3;
(d) subclause 35 (1) (power to issue prohibition notices) — Form 4;
(e) subclause 36 (1) (power to issue improvement notices) — Form 5.
Part 4A Exemptions from the requirements in Part 3 of Schedule 7 to the Act
34 Orders under clause 27A of Schedule 7 to the Act
(1) For subclause 27A (1) of Schedule 7 to the Act, a person may apply in writing to the Safety Authority for an order exempting the person from 1 or more of the provisions of Part 3 of the Schedule.
(2) Within 28 days after the Safety Authority receives an application, the Safety Authority must decide whether or not to make the order.
(3) In making the decision, the Safety Authority must:
(a) consult with persons who might be affected by the decision to grant or refuse an exemption; and
(b) take into account submissions made by those persons.
Examples
1 If an operator applies for an exemption, a health and safety representative might be an affected person.
2 If a health and safety representative applies for an exemption, an operator might be an affected person.
(4) In granting an exemption, the Safety Authority:
(a) may grant an exemption subject to conditions; and
(b) may specify a period of time in which an exemption applies.
(5) The Safety Authority must give reasons for the decision.
Part 4B State and Northern Territory laws that do not apply
34A Laws or parts of laws that do not apply
(1) For subsection 9 (2A) of the Act, for a State listed in column 1 of the table the laws or parts of laws listed in column 2 of the table are prescribed.
Item | State | Laws or parts of laws |
1 | New South Wales | Dangerous Goods Act 1975 Electricity Safety Act 1945 Explosives Act 2003 Occupational Health and Safety Act 2000 |
2 | Victoria | Dangerous Goods Act 1985 Electricity Safety Act 1998 Gas Safety Act 1997 Occupational Health and Safety Act 2004 |
3 | Queensland | Dangerous Goods Safety Management Act 2001 Electrical Safety Act 2002 Explosives Act 1999 Workplace Health and Safety Act 1995 |
4 | Western Australia | Dangerous Goods Safety Act 2004 Electricity Act 1945 to the extent that it relates to occupational health and safety Explosives and Dangerous Goods Act 1961 Occupational Safety and Health Act 1984 Petroleum Act 1967 to the extent that it relates to occupational health and safety Petroleum Pipelines Act 1969 to the extent that it relates to occupational health and safety Petroleum Safety Act 1999 |
5 | South Australia | Dangerous Substances Act 1979 Electricity Act 1996 to the extent that it relates to occupational health and safety Explosives Act 1936 Occupational Health, Safety and Welfare Act 1986 |
6 | Tasmania | Dangerous Goods Act 1998 Electricity Industry Safety and Administration Act 1997 Gas Act 2000 to the extent that it relates to occupational health and safety Gas Pipelines Act 2000 to the extent that it relates to occupational health and safety Workplace Health and Safety Act 1995 |
(2) For subsection 11 (2A) of the Act, the following laws or parts of laws of the Northern Territory are prescribed in relation to the Northern Territory:
(a) Dangerous Goods Act;
(b) Part 5 of the Electricity Reform Act;
(c) Part IIIA of the Petroleum Act;
(d) Part IV of the Work Health Act.
(3) For subsection 9 (2D) of the Act, the laws or parts of laws mentioned in column 3 of an item in the table in subregulation (1), that are substantive criminal law, are prescribed in relation to the State mentioned in column 2 of the item.
(4) For subsection 11 (2D) of the Act, the laws or parts of laws mentioned in subregulation (2), that are substantive criminal law, are prescribed in relation to the Northern Territory.
(5) In this regulation:
substantive criminal law has the meaning given in subclause 1 (1) of Schedule 1 to the Crimes at Sea Act 2000.
Part 5 Miscellaneous
35 Service of notices
(2) For the purposes of Schedule 7 to the Act and these Regulations, a notice that is to be given to a body corporate may be given to a director, principal executive officer or secretary of the body corporate.
(3) For the purposes of Schedule 7 to the Act and these Regulations, a notice or report may be given to a person:
(a) by electronic facsimile message transmitted to a facsimile facility that is installed at the address of the person last known to the person transmitting the message; and
(b) by a message transmitted to a computer system that is known to be in use by the person and installed at the address of the person last known to the person transmitting the message, being a message that is:
(i) in a form compatible with the computer system; and
(ii) capable of being recorded by the computer system.
(4) A person who gives notice or report to which subregulation (3) applies to another person:
(a) must inform the other person by telephone:
(i) before transmission of the message; or
(ii) as soon as practicable after transmission of the message;
of the fact that the message will be, or has been, transmitted; and
(b) must send a copy of the notice or report by pre-paid post to the address of the other person last known to the first-mentioned person.
Part 6 Transitional
36 Election commenced but not completed before 1 January 2005
If the process for the election of a health and safety representative has commenced, but has not been completed, before 1 January 2005, the law in relation to the conduct of elections in force before 1 January 2005 applies to the election.
Schedule 1 Forms
(subregulation 2 (2))
Form 1 Provisional improvement notice
(paragraph 33 (a))
Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993
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), selected as the health and safety representative under clause or 13A 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 Safety Authority or an OHS inspector to conduct an investigation into the subject matter of the notice.
2. Subclause 18 (5) of Schedule 7 to the Act requires a responsible person to whom a provisional improvement notice is given:
to notify each group member affected by the notice 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 OHS 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 OHS inspector has confirmed or varied a provisional improvement notice:
the operator of the facility or an employer affected by the decision; or
the health and safety representative for a designated work group that includes a group member 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
a workforce representative in relation to the designated work group that includes a group member affected by the decision; or
if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;
may request Fair Work Australia in writing to review the OHS inspector’s decision.
Form 2 Notice of removal of plant or sample
(paragraph 33 (b))
Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993
NOTICE OF REMOVAL OF PLANT OR SAMPLE
To: (name of operator, employer or owner of the plant, substance or thing (if applicable))
and (name of health and safety representative for designated workgroup)
I, (name of OHS inspector), an OHS inspector appointed under section 150YL of the Act, in the course of conducting an inspection 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: (OHS 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, a person who tampers with, or removes, a notice, before the item has been returned to the workplace, may be liable to a penalty of imprisonment for 6 months.
3. Under subclause 33 (3) of Schedule 7 to the Act, if a notice is issued to the operator or to an employer of members of the workforce, the operator’s representative at the facility must cause a copy of the notice to be displayed in a prominent place at or near each workplace at which the work is being performed.
4. Under clause 37 of Schedule 7 to the Act, any of the following persons may request Fair Work Australia in writing to review the OHS inspector’s decision:
the operator of the facility or an employer affected by the decision;
the health and safety representative for a designated work group that includes a group member affected by the decision;
a workforce representative in relation to the designated work group that includes a group member affected by the decision;
if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;
the owner of any plant, substance or thing to which the OHS inspector’s decision relates.
Form 3 Do not disturb notice
(paragraph 33 (c))
Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993
DO NOT DISTURB NOTICE
To: (name of operator’s representative at the facility)
I, (name of OHS inspector) an OHS inspector appointed under section 150YL 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: (OHS Inspector)
Dated:
NOTES:
1. Under clause 34 of Schedule 7 to the Act, an operator of a facility who does not ensure that a notice is complied with may be liable to a penalty of 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 Fair Work Australia in writing to review the OHS inspector’s decision:
the operator of the facility or an employer affected by the decision;
the health and safety representative for a designated work group that includes a group member affected by the decision;
a workforce representative in relation to the designated work group that includes a group member affected by the decision;
if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;
the owner of any plant, substance or thing to which the OHS inspector’s decision relates.
Form 4 Prohibition notice
(paragraph 33 (d))
Petroleum (Submerged Lands) Act 1967
Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993
PROHIBITION NOTICE
To: (name of operator’s representative at the facility)
I, (name of OHS inspector), an OHS inspector appointed under section 150YL of the Act, am satisfied that it is necessary to issue a prohibition notice to the operator of (name of the facility) in order to remove an immediate threat to the health or safety of a person.
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: (OHS Inspector)
Dated:
[* Omit if inapplicable]
NOTES:
1. Under clause 35 of Schedule 7 to the Act, an operator who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the operator has control, may be liable to a penalty of 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 Fair Work Australia, in writing, to review the OHS inspector’s decision:
the operator of the facility or an employer who is affected by the decision;
the health and safety representative for a designated work group that includes a group member affected by the decision;
a workforce representative in relation to the designated work group that includes a group member affected by the decision;
if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision.
Form 5 Improvement notice
(paragraph 33 (e))
Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993
To: (name of responsible person)
I, (name of OHS inspector), an OHS inspector appointed under section 150YL of the Act, am satisfied that the person named above as the responsible person is contravening, or has contravened, and is likely to contravene:
(a) clause of Schedule 7 to the Act; or
(b) regulation ;
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 the clause or regulation.
*The following action must be taken by the responsible person within the period specified above:
(If insufficient space, use additional page)
Signed: (OHS Inspector)
Dated:
*(Omit if inapplicable)
(Page 2 of Form 5)
When the required improvement has been completed, return this part of the notice to the following person at the address below:
Name:
Position:
Address:
Telephone number:
Improvement Notice No. has been complied with.
Signed:
----------------------------------------------------------------------------------------
This notice was delivered to: (insert name)
in the office or position of (insert office or position)
at: (insert time, am or pm) on (insert date).
(See notes on page 3)
(Page 3 of Form 5)
NOTES
1. Under clause 36 of Schedule 7 to the Act, a person who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the person has control, may be liable to a penalty of 100 penalty units.
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 OHS inspector notifies the responsible person that he or she is satisfied that the responsible person has taken adequate action to remove the threat to health and safety that caused the notice to be issued. If the OHS inspector has specified action that the responsible person should take to remove the threat, the responsible person should advise the OHS inspector as soon as the action has been taken.
4. Under subclause 36 (7A) of Schedule 7 to the Act, an operator, or an employer of a member of the workforce to whom this notice is given must:
(a) give a copy of the notice to each health and safety representative for a designated workgroup having group members performing work that is affected by the notice; and
(b) display a copy of the notice in a prominent place at or near each workplace at which the work is being performed.
5. Under clause 37 of Schedule 7 to the Act, any of the following persons may request Fair Work Australia to review the OHS inspector’s decision:
the operator of the facility or an employer who is affected by the decision;
any person to whom an improvement notice has been issued;
the health and safety representative for a designated work group that includes a group member affected by the decision;
a workforce representative in relation to the designated work group that includes a group member affected by the decision;
if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;
the owner of any plant, substance or thing to which the OHS inspector’s decision relates.
Schedule 2 Hazardous substances
(Regulation 4D)
Part 1 Interpretation
101 In this Schedule:
bona fide research means a systematic, investigative or experimental activity conducted for the purpose of:
(a) acquiring new knowledge; or
(b) creating new or improved materials, products, devices, processes or services; or
(c) analysis to identify the kind or quantities of ingredients in a substance.
in situ, in relation to a product that contains asbestos, means that, at the time the use of the form of asbestos in the product is prohibited under regulation 4D, the product is fixed or installed:
(a) in:
(i) a building or any other structure that forms a workplace; or
(ii) a plant, a vehicle or any other thing that is for use at a workplace; and
(b) in a way that does not constitute a risk to users until the asbestos contained in the product is disturbed.
Part 2 Permitted circumstances for using certain hazardous substances
Item | Substance (identified by substance name) | Permitted circumstance |
201 | Polychlorinated biphenyls (also known as PCBs) | 1. Handling for storage prior to removal or disposal. 2. Storage prior to removal or disposal. 3. Removal or disposal. 4. Use when contained in existing electrical equipment or construction material. 5. Repair of existing electrical equipment or construction material. |
Part 3 Permitted circumstances for using certain hazardous substances with carcinogenic properties
Item | Substance (identified by substance name, with chemical abstract number in square brackets) | Permitted circumstance |
301 | 2-Acetylaminofluorene [53-96-3] | Bona fide research |
302 | Aflatoxins | Bona fide research |
303 | 4-Aminodiphenyl [92-67-1] | Bona fide research |
304 | Amosite (brown asbestos) [12172-73-5] | 1. Bona fide research. 2. Handling for storage prior to removal or disposal of amosite. 3. Storage prior to removal or disposal of amosite. 4. Removal or disposal of amosite in accordance with a law of a State or Territory relating to the removal of asbestos. 5. Disturbance of naturally occurring amosite that is incidental to operations not related to the extraction or processing of amosite, for example, roadworks. 6. Use (without disturbance) of amosite in products that are in situ. |
305 | Benzidine [92-87-5] and its salts, including benzidine dihydrochloride [531-85-1] | Bona fide research |
306 | bis(Chloromethyl) ether
[542-88-1] | Bona fide research |
307 | Chloromethyl methyl ether (technical grade containing bis(chloromethyl) ether)
[107-30-2] | Bona fide research |
308 | Crocidolite (blue asbestos) [12001-28-4] | 1. Bona fide research. 2. Handling for storage prior to removal or disposal of crocidolite. 3. Storage prior to removal or disposal of crocidolite. 4. Removal or disposal of crocidolite in accordance with a law of a State or Territory relating to the removal of asbestos. 5. Disturbance of naturally occurring crocidolite that is incidental to operations not related to the extraction or processing of crocidolite, for example, roadworks. 6. Use (without disturbance) of crocidolite in products that are in situ. |
309 | 4-Dimethylaminoazo-benzene [60-11-7] | Bona fide research |
310 | 2-Naphthylamine [91-59-8] and its salts | Bona fide research |
311 | 4-Nitrodiphenyl [92-93-3] | Bona fide research |
312 | Actinolite asbestos [77536-66-4] | 1. Bona fide research. 2. Handling for storage prior to removal or disposal of actinolite. 3. Storage prior to removal or disposal of actinolite. 4. Removal or disposal of actinolite in accordance with a law of a State or Territory relating to the removal of asbestos. |
| | 5. Disturbance of naturally occurring actinolite that is incidental to operations not related to the extraction or processing of actinolite, for example, roadworks. 6. Use (without disturbance) of actinolite in products that are in situ. |
313 | Anthophyllite asbestos
[77536-67-5] | 1. Bona fide research. 2. Handling for storage prior to removal or disposal of anthophyllite. 3. Storage prior to removal or disposal of anthophyllite. 4. Removal or disposal of anthophyllite in accordance with a law of a State or Territory relating to the removal of asbestos. 5. Disturbance of naturally occurring anthophyllite that is incidental to operations not related to the extraction or processing of anthophyllite, for example, roadworks. 6. Use (without disturbance) of anthophyllite in products that are in situ. |
314 | Chrysotile (white asbestos) [12001-29-5] | 1. Bona fide research. 2. Handling for storage prior to removal or disposal of chrysotile. 3. Storage prior to removal or disposal of chrysotile. |
| | 4. Removal or disposal of chrysotile in accordance with a law of a State or Territory relating to the removal of asbestos. 5. Disturbance of naturally occurring chrysotile that is incidental to operations not related to the extraction or processing of chrysotile, for example, roadworks. 6. Use (without disturbance) of chrysotile in products that are in situ. |
315 | Tremolite asbestos [77536-68-6] | 1. Bona fide research. 2. Handling for storage prior to removal or disposal of tremolite. 3. Storage prior to removal or disposal of tremolite. 4. Removal or disposal of tremolite in accordance with a law of a State or Territory relating to the removal of asbestos. |
| | 5. Disturbance of naturally occurring tremolite that is incidental to operations not related to the extraction or processing of tremolite, for example, roadworks. 6. Use (without disturbance) of tremolite in products that are in situ. |
Note This Part sets out the prohibitions and permitted uses that apply to all Australian workplaces under a national agreement. However, not all items and permitted uses are relevant to offshore petroleum operations.
