Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_78
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 78
Character Range: 2310623–2312966

78  OHS inspections—OHS improvement notices (issue)

When a notice may be issued
 (1) A NOPSEMA inspector may issue a notice (an OHS improvement notice) to a person (the responsible person), in writing, under this clause if, in conducting an OHS inspection in relation to a facility, the inspector is satisfied on reasonable grounds that:
 (a) the responsible person:
 (i) is contravening a provision of a listed OHS law; or
 (ii) has contravened a provision of a listed OHS law and is likely to contravene that provision again; and
 (b) as a result, there is, or may be, a risk to the health or safety of any person.
Note: The notice will be published on NOPSEMA's website (see clause 80AA).

How notice may be issued
 (2) Without limiting subclause (1), the notice may be issued to a responsible person as follows:
 (a) if the responsible person is the operator—by being given to the operator's representative at the facility;
 (b) if the responsible person is an employer (other than the operator) of members of the workforce, but it is not practicable to give the notice to the employer—by being given to the operator's representative at the facility;
 (c) if the responsible person is the titleholder—by being given to the titleholder's representative (if any) at the facility who is nominated for the inspection.
Note: A titleholder's representative is only required to be at the facility if the inspection concerns the titleholder's well‑related obligations (see section 602K).

Contents of notice
 (3) The notice must:
 (a) specify the contravention that the NOPSEMA inspector is satisfied on reasonable grounds is occurring, or has occurred and is likely to occur again, and set out those grounds; and
 (b) specify the risk to health or safety mentioned in paragraph (1)(b); and
 (c) specify action that the inspector is satisfied on reasonable grounds is required to be taken by the responsible person to reduce or prevent the risk; and
 (d) specify a period within which the responsible person is to take the action.

Period of notice and action to be taken
 (4) The period specified in the notice must be reasonable.
 (5) If the NOPSEMA inspector is satisfied on reasonable grounds that it is appropriate to do so, the NOPSEMA inspector may, in writing and before the end of the period, extend the period specified in the notice.