OHS Act. Section 30.
Special powers of inspectors
(1)(a) Whenever an employer performs an act or requires or permits an act to
be performed, or proposes to perform an act or to require or permit an act
to be performed, which in the opinion of an inspector threatens or is likely
to threaten the safety or health of any person, the inspector may by notice
in writing prohibit that employer from continuing or commencing with the
performance of that act or from requiring or permitting that act to be
continued or commenced with, as the case may be.
(b) Whenever a user of plant or machinery uses or
proposes to use any plant or machinery, or uses or proposes to use any plant
or machinery in a manner or in circumstances, which in the opinion of an
inspector threatens or is likely to threaten the safety or health of any
person who works with such machinery or plant or who is or may come within
the vicinity thereof, the inspector may by notice in writing prohibit that
user from continuing or commencing with the use of such plant or machinery
or in that manner or those circumstances, as the case may be.
(c) An inspector may in writing prohibit an employer to
requiring or permitting an employee or any employee belonging to a category
of employees specified in the notice to be exposed in the course of his
employment for a longer period than a period specified in the prohibition,
to any article, substance, organism or condition which in the opinion of an
inspector threatens or is likely to threaten the safety or health of that
employee or the employee belonging to that category of employees, as the
case may be.
(d) A prohibition imposed under paragraph (a), (b) or (c)
may at any time be revoked by an inspector in writing if arrangements to the
satisfaction of the inspector have been made to dispose of the threat which
gave rise to the imposition of the prohibition.
(2) In order to enforce a prohibition imposed under
subsection (1)(a) or (b), an inspector may block, bar, barricade or fence
off that part of the workplace, plant or machinery to which the prohibition
applies, and no person shall interfere with or remove such blocking,
barricade or fence.
(3) Whenever an inspector is of opinion that the safety or
health of any person at a workplace or in the course of his employment or in
connection with the use of plant or machinery is threatened on account of
the refusal or failure of an employer or a user, as the case may be, to take
reasonable steps in the interest of such person's safety or health, the
inspector may by notice in writing direct that employer or user to take such
steps as are specified in the direction within a specified period.
(4) Whenever an inspector is of the opinion that an
employer or user has failed to comply with a provision of a regulation
applicable to him, the inspector may by written notice direct that employer
or user to take within a period specified in the notice such steps as in the
inspector's opinion are necessary to comply with the said provision and as
are specified in the direction.
(5) A period contemplated in subsection (3) or (4) may at
any time be extended by an inspector by notice in writing to the person
concerned.
(6) An employer shall forthwith bring the contents of a
prohibition, direction or notice under this section to the attention of the
health and safety representatives and employees concerned.
|