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The main objective of this Act are:


  • To secure health, safety and welfare of persons at work.
  • To protect persons at work against risks to health and safety.
  • To assist in securing sage and healthy work environments.
  • To eliminate as far as practicable risks to the health, safety and welfare of persons at work.
  • And, to provide for the involvement of employees and employers in the formulation and implementation of health and safety standards at workplaces.





  • Duties and Powers of Inspectors

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    As stated in the OHS2015, an inspector shall:

    • Enter any place at all reasonable hours by day and night when there is a reasonable cause to believe that any person is employed in that place.
    • Require the production of any wage record of any book, notive, record, list or other document required by this Act, to be kept or exhibited by the employer and inspect, examine and copy or take notes from it.
    • make such inspections, examinations, tests and inquiries, and take such samples and photographs as are neccessary to ascertain whether the provisions of this Act have been or are being complied with.
    • Question alone or in ther presence of any other person, the employer or any person who is, or has been employed in the place.
    • Require any process or method of work to be stopped immediately if the process poses immediate danger.
    • Be accompanied by a member of the police force or any officer of the public service to execute duties under this act.
    • Report a matter to the Police for investigation.
    • May issue improvement notice (refer to part VI for more on what this should include).

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    Duties of Employers

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    • An employer shall provide and maintain, so far as practicable, a working environment for employees and site visitors that is safe and without risks to health.
    • An employer shall not require an employee to pay in any form of payment, for any plant, systems, arrangements, facilities, etc, provided and maintained at a workplace under this act.
    • An employer or his/her representatives shall at all times provide the means required by an inspector for any entry, inspection, examination inquiry, or the exercise of any other power under the OHS2015 Act in relation to the employer's place of business.
    • An employer shall ensure that the revord is made available for inspection and is kept for at least 5 years. (Refer to the OHS2015 for more info on what the record should include).
    • If an issue concerning the health and safety arises at a workplace, the employer and the health and safety representative shall attempt to resolve the issue together.
    • If an accident at a workplace resulted in the death of any person, the employer will and shall ensure that the site of the accident is not disturbed: inspector arrives at the site of accident or directs otherwise at the time of the notification. Must be included in an Accident Record.
    • Where the workplace consists of more than 25 employees, a health and safety committee must be established.

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    Employee's Duties & Rights

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    • An employee has the right to remove himself from a work situation which he has reasonable justification to believe presents an imminent risk of serious harm.
    • While at work, shall take reasonable care for his or her own health and safety and for the health and safety of any other employee who may be affected by his or her acts or omissions at the workplace.
    • Cooperate with his/her employer with respect to any action taken by the employer to comply with any requirement imposed by or under the OHS2015 Act.
    • An employee shall not wilfully or recklessly interfere with or misuse anything provided in the interests of health and safety or welfare at the workplace.
    • An employee shall not willfully place at risk the health or safety of any person at the workplace.
    • An employee who fails to comply with the OHS2015 Act commits an offence.

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    Duties of Site Visitors

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    • While at a workplace, he/she shall take reasonable care for his or her own health and safety and for the health and safety of any other person who may be affected by his or her acts or omissions at the workplace.
    • Shall cooperate with the employer at the workplace with respect to any action taken by the employer to comply with any requirement imposed by or under this Act.
    • Shall not wilfully or recklessly interfere with or misuse anything provided in the interests of health and safety or welfare at the workplace.
    • Shall not wilfully place at risk the health or safety of any person at the workplace.
    • A Site Visitor who fails to comply with this section commits an offence.
    :

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    Penalties

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    A person who commits an offence against this Act is liable to a penalty:

    • In the case of a body corporate to a fine of $5,000
    • In any other cases to a fine of $2,000 or imprisonment of 1 year, or both.

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