Enforcement options
When people fail to meet their obligations under the Workplace Health and Safety Act 1995 (PDF, 766 KB), inspectors may use a range of compliance and enforcement options including:
- advice
- verbal direction
- improvement notice
- prohibition notice
- court order to secure compliance with notices
- seizure
- infringement notice
- prosecution.
The Workplace Health and Safety Enforcement Framework (PDF, 52 KB) outlines these enforcement options as well as the investigation and prosecution policies.
Verbal directions
Verbal directions only relate to situations where a breach can be rectified and inspected prior to the inspector leaving the site.
Improvement notice
A contravention of the Act that does not pose a risk of serious bodily harm may attract an improvement notice.
The notice will order the person receiving the notice to fix:
- the contravention; or
- things or operations causing the contravention.
An improvement notice will:
- explain that the inspector believes the law is being broken
- specify the part of the law under question
- outline how the law is being or has been broken
- set out the action that must be taken to rectify the contravention
- state the day before which the rectification must have been carried out.
A person issued with an improvement notice must comply with its directions.
An inspector will generally return to the workplace to check that the actions have been taken.
Failure to comply may lead to a court order to secure compliance with notices.
Prohibition notices
A prohibition notice requires an immediate action.
It may mean an immediate stop is put to:
- a workplace activity
- the use of equipment or plant
- the use of a substance.
A prohibition notice may be issued if the inspector reasonably believes circumstances at the workplace are causing – or are likely to cause – a risk of serious bodily injury, work caused illness or dangerous event.
The prohibition notice will state:
- the inspector’s belief that circumstances causing, or likely to cause, the risk to workplace health and safety exist or are likely to arise in that workplace; and
- the circumstances that have caused – or are likely to cause – the risk.
The prohibition notice and its directives must be followed.
Failure to comply with a prohibition order may lead to a court order to secure compliance with notices.
Court order to secure compliance with notices
If a person or organisation fails to comply with an improvement or prohibition notice – and there is an imminent risk of serious bodily injury, work-caused illness or a dangerous event – the inspector may seek an order to secure compliance from the Supreme Court.
Seizure
Inspectors can seize things – such as plant, equipment or substances - to prevent serious bodily harm or illness.
Inspectors can also seize workplaces or part of the workplace if it is believed to be defective or hazardous.
Inspectors can also require owners of workplaces to destroy the workplace, workplace area, plant or substance or make it harmless.
They are also empowered to seize anything that may be evidence of an offence against the Workplace Health and Safety Act 1995 (PDF, 766 KB) or where a warrant was issued for the seizure.
Seized things must be receipted and returned to the owner after six months or at the conclusion of proceedings for an offence.
Seized things may be forfeited if the inspector:
- cannot find the owner
- cannot return it after reasonable efforts to the owner or
- believes its return could see an offence committed under the Act.
Infringement notice
For certain offences against the Workplace Health and Safety Act 1995 and the Workplace Health and Safety Regulation 1997 (PDF, 1.4 MB), an inspector may impose an infringement notice – or on-the-spot fine.
This has an immediate punitive effect.
In most cases, it will be issued along with other notices.
For further information refer to penalties.
Last updated February 10, 2006