Workplace Safety and Health Act · 2024 Revised Edition · Part · Powers of Enforcement
21. Power to issue remedial order or stop-work order
Official textFrom Attorney General's Chambers, unchanged
This section applies if the Authority is satisfied that —
any workplace is in such condition, or is so located, or any part of the machinery, equipment, plant or article in the workplace is so used, that any process or work carried on in the workplace cannot be carried on with due regard to the safety, health and welfare of persons at work;
any person has contravened any duty imposed by this Act;
or
any person has done any act, or has refrained from doing any act which, in the opinion of the Authority, poses or is likely to pose a risk to the safety, health and welfare of persons at work.
Where this section applies, the Authority may serve a remedial order or a stop-work order in respect of a workplace on —
any person who is in control of the workplace, or the process or work carried out in the workplace;
any person whose duty under this Act is to ensure the safety, health and welfare of any person at work in the workplace; or
Workplace Safety and Health 38
any person who poses or is likely to pose a risk to the safety, health and welfare of any person at work in the workplace.
A remedial order under this section shall —
direct the person served with the order to take such measures, to the satisfaction of the Authority —
to remedy any danger so as to enable the work or process in the workplace to be carried on with due regard to the safety, health and welfare of the persons at work;
to comply with any duty imposed by this Act; or
to do or refrain from doing any act referred to in subsection (1)(c); and
specify the date on which it is to take effect and the period
(which shall run from the date the remedial order takes effect) within which any step required by the order shall be taken.
A stop-work order shall —
direct the person served with the order to immediately cease to carry on any work or process —
indefinitely; or
until such measures as are required by the Authority have been taken, to the satisfaction of the Authority, to remedy any danger so as to enable the work or process in the workplace to be carried on with due regard to the safety, health and welfare of the persons at work; and
specify the date on which it is to take effect.
(Repealed by S 56/2018).
Any person who fails to comply with a remedial order is guilty of an offence and liable on conviction to a fine not exceeding $50,000,
Workplace Safety and Health imprisonment for a term not exceeding one year or both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.
Any person who fails to comply with a stop-work order is guilty of an offence and liable on conviction to a fine not exceeding $500,000, imprisonment for a term not exceeding one year or both and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part thereof during which the offence continues after conviction.
Where any person fails to comply with a remedial order or stop-work order, the Authority may —
at all reasonable times enter upon the workplace and take such measures and do such work as may be necessary to give effect to the order; and
take appropriate measures to prevent —
unauthorised entry to any area; or
unauthorised access to any machinery, equipment, plant or article affected by the order.
Any costs and expenses incurred by the Authority under subsection (8) may be recovered as a debt due to the Government from the person served with the remedial order or stop-work order.
Where the Authority has taken measures under subsection (8)(b)
in respect of any area or machinery, equipment, plant or article, any person who, knowing that such measures have been taken, enters that area or gains access to that machinery, equipment, plant or article without the authorisation of the Authority is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both.
machinery
“machinery” includes — (a) any oil engine, gas engine, steam engine and any other machine in which mechanical movement, either linear, rotated or both, takes place; (b) any steam boiler, gas cylinder, air receiver, steam receiver, steam container or refrigerating plant pressure receiver; (c) any appliance for transmission of power by ropes, belts, chains, driving straps or bands or gearing; and (d) any electrical generator or electrical motor, but does not include any machinery used solely for the propulsion of vehicles;
Appeal from order made by Authority [S 56/2018]
Terms defined in s 4
at work
Defined · s 4“at work” means — (a) in relation to an employee, all times when the employee is performing work in connection with any trade, business, profession or undertaking carried on by his employer, wherever that work is carried out; (b) in relation to a self-employed person, all times when that person is performing work as a self-employed person, wherever the work is carried out; and (c) in any other case, all times when the person is performing work at the direction of the person who engaged him, wherever the work is carried out;
machinery
Defined · s 4“machinery” includes — (a) any oil engine, gas engine, steam engine and any other machine in which mechanical movement, either linear, rotated or both, takes place; (b) any steam boiler, gas cylinder, air receiver, steam receiver, steam container or refrigerating plant pressure receiver; (c) any appliance for transmission of power by ropes, belts, chains, driving straps or bands or gearing; and (d) any electrical generator or electrical motor, but does not include any machinery used solely for the propulsion of vehicles;
Part
Investigations, Inquiries and Reporting of Accidents, Dangerous Occurences and Occupational Diseases
Part
Safety and Health Management Arrangements
Part
Codes of Practice
Part
Inspections and Other Powers of Enforcement
Part
Offences, Penalties and Proceedings
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