Workplace Safety and Health Act 2006

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2 Application of Act

3 Application of Act to Government

4 General interpretation

5 Meanings of "workplace" and "factory"

6 Meanings of "employee" and "employer"

7 Appointment of Commissioner for Workplace Safety and Health and other officers

8 Commissioner, Deputy Commissioners, inspectors, authorised officers, etc., to be public servants

9 Identification of inspectors and authorised officers

10 Duties according to different capacities

11 Duty of occupier of workplace

12 Duties of employers

13 Duties of self-employed persons

14 Duties of principals

14A Additional duties of principals in relation to contractors

15 Duties of persons at work

16 Duties of manufacturers and suppliers of machinery, equipment or hazardous substances used at work

17 Duties of persons who erect, install or modify machinery or equipment and persons in control of machinery for use at work

18 Other related duties of occupiers and employers

19 Duties of occupiers of common areas

20 Offence of breaching duty under this Part

21 Power to issue remedial order or stop-work order

22 Appeal from order made by Commissioner

23 Power to suspend certificate

24 Investigation into accidents, dangerous occurrences, etc.

25 Alteration or addition to machinery, equipment, etc.

26 Minister may direct inquiry to be held

27 Notification and reporting of accidents, dangerous occurrences, etc.

27A Learning report of accident, etc.

27B Learning report, etc., not admissible in evidence

28 Workplace safety and health officers and coordinators

29 Workplace safety and health committees

30 Workplace safety and health auditors

31 Safety and health training courses

32 Requirement for approval of Commissioner to act

33 Application for and grant of approval

34 Duration of approval

35 Cancellation of approval

36 Surrender of certificate

37 False assumption of title

38 Offence under this Part

39 Establishment of Workplace Safety and Health Council

40 Powers and proceedings of Council

40A Functions of Council

40B Codes of practice

40C Use of approved codes of practice in criminal proceedings

41 Powers of inspectors

42 Power to take samples

43 Power to examine and secure attendance

44 Competency of inspector as witness

45 Persons not to reveal protected information

46 Unregistered factories

47 Onus of proving what is reasonably practicable

48 Offences by bodies corporate, etc.

49 Arrest of person accused of offence under section 15(3) or 21(7)

50 General penalties

51 Penalty for repeat offenders

52 Power of court to order cause of contravention to be remedied

53 Forgery of certificates, false entries and false declarations

54 Jurisdiction of court

55 When Magistrate may try offence

56 Composition of offences

57 Power to modify agreements

58 Power to apportion expenses

59 Relation to other laws

61 Protection from personal liability

62 Exempt workers, workplaces and equipment, etc.

63 Service of documents, etc.

64 Amendment of Schedules

66 Saving and transitional provisions

FIRST SCHEDULE

Sections 4(1) and 64(1)

Dangerous Occurrences

1. Bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power.

2. Collapse or failure of a crane, derrick, winch, hoist, piling frame or other appliance used in raising or lowering persons or goods, or any load bearing part thereof (except breakage of chain or rope slings), or the overturning of a crane.

3. Explosion or fire damage to the structure of any room or place in which persons are at work, or to any machinery or plant contained therein, and resulting in the complete suspension of ordinary work in the room or place or stoppage of machinery or plant for 5 hours or more, where the explosion or fire is due to the ignition of dust, gas or vapour, or the ignition of celluloid or substance composed wholly or in part of celluloid.

4. Electrical short circuit or failure of electrical machinery, plant or apparatus, attended by explosion or fire or causing structural damage thereto, and involving its stoppage or disuse for 5 hours or more.

5. Explosion or fire affecting any room in which persons are at work and causing complete suspension of ordinary work therein for 24 hours or more.

6. Explosion or failure of structure of a steam boiler or of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas.

7. Failure or collapse of formwork or its supports.

8. Collapse, in part or in whole, of a scaffold exceeding 15 metres in height or of a suspended scaffold or a hanging scaffold from which any person may fall more than 2 metres.

9. Accidental seepage or entry of seawater into a dry dock or floating dock causing flooding of the dry dock or floating dock.

[18/2011]

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