OHS Act

Published Date: October 01, 2013
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Section 9 Order to remedy unhealthy or unsafe conditions

(1) When an officer is of the opinion that work is being carried out in a manner that is unhealthy or unsafe to the workers engaged in the work or present where the work is being carried out, the officer may in writing order the person responsible for the work being carried out

(a) to stop the work that is specified in the order, and

(b) to take measures as specified in the order that are, in the opinion of the officer, necessary to ensure that the work will be carried out in a healthy and safe manner,

or either of them, within the time limits specified in the order.

(2) When an officer is of the opinion that a person is not complying with this Act, the regulations or the adopted code, the officer may in writing order that person to take such measures, within the time limits specified in the order, as the officer considers necessary to ensure such compliance and specifies in the order.

(3) Measures specified in the order referred to in subsection (2), where the order is made in respect of the failure by a person to comply with section 31(5) or 36, may require one or more of the following:

(a) that the disciplinary action cease;

(b) reinstatement of the worker to the worker’s former employment under the same terms and conditions under which the worker was formerly employed;

(c) payment to the worker of money not more than the equivalent of wages that the worker would have earned if the worker had not been dismissed or had not received disciplinary action;

(d) removal of any reprimand or other reference to the matter from the worker’s employment records.

(4) If the worker has worked elsewhere while the dismissal or disciplinary action has been in effect, those wages earned elsewhere shall be deducted from the amount payable to the worker under subsection (3)(c).