Commonwealth Numbered Regulations

1993 No. 5 OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) REGULATIONS (AMENDMENT) - REG 22

22.1 Omit the heading, substitute:
                         "SCHEDULE 1          Subregulation 2 (2)

FORMS
                            FORM 1               Regulation 30

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT)
REGULATIONS
PROVISIONAL IMPROVEMENT NOTICE".
22.2 Note 1 to the Form:
Omit "the Commission", substitute "Comcare".
22.3 Note 2 to the Form:
Omit "investigator, and", substitute "investigator; or". 22.4 Add at the end:
                             "FORM 2               Paragraph 34 (a)

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT)
REGULATIONS
NOTICE OF REMOVAL OF PLANT OR SAMPLE To: (the name of employer or of owner of
the plant, substance or thing if applicable) and (name of health and safety
representative for designated workgroup) I, (name of investigator), an
investigator appointed under section 40 of the
Occupational Health and Safety (Commonwealth  Employment) Act 1991 , in the
course of conducting an investigation under section 41 of 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: (Investigator) Dated: NOTES: 1. This notice must be
displayed in a prominent place at the workplace from which the item was
removed. 2. Under section 50 of the Act, this notice must not be tampered with
or removed until the item has been returned to the workplace. 3. Under
subsection 47 (8) of the Act, an employer to whom this notice is given must:
give a copy of the notice to each health and safety representative for a
designated workgroup of employees performing work that is affected by the
notice; and display a copy of the notice in a prominent place at or near each
workplace at which that work is being performed. 4. Under section 48 of the
Act, any of the following persons may request the Australian Industrial
Relations Commission in writing to review the investigator's decision: an
employer affected by the investigator's decision; any person to whom an
Improvement Notice has been issued; the health and safety representative or an
involved union for a designated work group in which is included an employee
affected by the decision; if there is no such designated work group-an
involved union in relation to the employee; the owner of any plant, substance
or thing to which the investigator's decision relates.
                        FORM 3               Paragraph 34 (b)

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT)
REGULATIONS
DO NOT DISTURB NOTICE To: (name of person in charge of operations at
workplace) I, (name of investigator), an investigator appointed under
section 40 of the Occupational Health and Safety (Commonwealth  Employment)
Act 1991 , 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: (Investigator) Dated:
NOTES: 1. Under section 45 of the Act, a government business enterprise that
does not ensure that this notice is complied with may be liable to a fine not
exceeding $25,000. 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 section 48 of the Act, any of the following
persons may request the Australian Industrial Relations Commission in writing
to review the investigator's decision: an employer affected by the
investigator's decision, any person to whom an Improvement Notice has been
issued, the health and safety representative or an involved union for a
designated work group in which is included an employee affected by the
decision, if there is no such designated work group-an involved union in
relation to the employee, the owner of any plant, substance or thing to which
the investigator's decision relates.
                            FORM 4              Paragraph 34 (c)

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT)
REGULATIONS
PROHIBITION NOTICE To: (name and address of employer) and (name and address of
owner of workplace, plant or thing if different from the employer) I, (name of
investigator), an investigator appointed under section 40 of the
Occupational Health and Safety (Commonwealth  Employment) Act 1991 am of the
opinion that the person named above is the employer at: (workplace address)
where an activity is being undertaken that immediately threatens the health
and safety of a person at or near the workplace. I therefore PROHIBIT the
following activity or activities:

   (a)  at this workplace or part of workplace: (specify workplace, or part,
        if applicable)

   (b)  using this plant or substance: (specify plant or substance, if
        applicable)

   (c)  following this procedure: (specify procedure, if applicable)

*Action that may betaken that will be adequate to remove the threat to health
and safety is: (if insufficient space, use additional page) Signed:
(Investigator) Dated: (* Omit if inapplicable) NOTES: 1. Under section 46 of
the Act, a government business enterprise to which this notice is issued may
be liable to a penalty not exceeding $25,000 for failing to comply with this
notice. 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. If an investigator removes an item from a workplace, subsection 44
(4) of the Act requires the investigator to have the item tested and returned
to the workplace as soon as practicable. 4. In accordance with subsection 44
(5) of the Act, the investigator must provide a report in writing setting out
the results of the tests carried out on the item removed to each person who
received a copy of the notice. 5. Under section 48 of the Act, any of the
following persons may request the Australian Industrial Relations Commission
in writing to review the investigator's decision: an employer affected by the
investigator's decision, any person to whom an Improvement Notice has been
issued, the health and safety representative or an involved union for a
designated work group in which is included an employee affected by the
decision, if there is no such designated work group-an involved union in
relation to the employee, the owner of any plant, substance or thing to which
the
investigator's   decision relates.

                            FORM 5               Paragraph 34 (d)

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT)
REGULATIONS
IMPROVEMENT NOTICE To: (name of person responsible for contravention) and
(name of employer if different from person responsible) and (name of owner of
workplace, plant or thing if different from person responsible and employer)
I, (name of investigator), an investigator appointed under section 40 of the
Occupational Health and Safety (Commonwealth  Employment) Act 1991 , am
satisfied that the person named above as the responsible person is
contravening, or has contravened and is likely to contravene section of the
Act or regulation of the Occupational Health and Safety (Commonwealth
Employment) Regulations at: (address 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 that section or regulation.

*The following action must be taken by the responsible person within the
period specified above: (if insufficient space, use additional page) Signed:
(Investigator) Dated: (* Omit if inapplicable) Return this portion of the
notice (when the required improvement has been completed) to this address:
Name:
Position:
Address:
Telephone:
Improvement Notice No.                      has been complied
with. Signed: This notice was delivered to: (insert name) in the
office/position of: (insert office/position) at: (insert time) am/pm on:
(insert date) NOTES: 1. Under section 47 of the Act, a government business
enterprise or an employee of a government business enterprise to whom this
notice is issued may be liable to a penalty not exceeding $10,000 for failing
to comply with this notice. 2. This notice must be displayed in a prominent
place at the workplace and, under section 50 of 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 investigator notifies the employer that he or
she is satisfied that the employer has taken adequate action to remove the
threat to health or safety that caused the notice to be issued. If the
investigator has specified action that the employer should take to remove the
threat, the employer should advise the investigator as soon as the action has
been taken. 4. Under subsection 47 (8) of the Act, an employer to whom this
notice is given must:
give a copy of the notice to each health and safety representative for a
designated workgroup of employees performing work that is affected by this
notice, and display a copy of the notice in a prominent place at or near each
workplace at which that work is being performed. 5. Under section 48 of the
Act, any of the following persons may request the Australian Industrial
relations Commission to review the investigator's decision: an employer
affected by the investigator's decision; any person to whom an Improvement
Notice has been issued, the health and safety representative or an involved
union for a designated work group in which is included an employee affected by
the decision; if there is no such designated work group-an involved union in
relation to the employee; the owner of any plant, substance or thing to which
the investigator's decision relates.