Commonwealth: Occupational Health and Safety (Maritime Industry) Act 1993 (Cth)

Occupational Health and Safety (Maritime Industry) Act 1993 No. 10, 1994 Compilation No. 22 Compilation date: 27 May 2015 Includes amendments up to: Act No. 51, 2015 Registered: 1 June 2015 About this compilation This compilation This is a compilation of the Occupational Health and Safety (Maritime Industry) Act 1993 that shows the text of the law as amended and in force on 27 May 2015 (the compilation date). This compilation was prepared on 29 May 2015. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law. Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary Division 1—Short title and commencement 1 Short title 2 Commencement Division 2—Objects and definitions 3 Objects 4 Interpretation 4A Declarations that a ship is or is not a prescribed ship 4B Declarations that a vessel or structure is or is not a prescribed unit Division 3—Miscellaneous preliminary provisions 5 Extent of Act 6 Application of Act 7 This Act not to affect the Navigation Act 2012 8 Application of Act to prescribed ships or prescribed units controlled by contractors 8A Application of Criminal Code Division 4—Additional functions conferred on Seafarers Safety, Rehabilitation and Compensation Authority and Ministerial directions 9 Functions conferred on the Authority 10 Directions by Minister Part 2—Occupational Health and Safety Division 1—General duties relating to occupational health and safety 11 Duties of operators in relation to their employees 12 Consultative processes for developing health and safety policy 13 Duties of operators in relation to contractors 14 Duties of operators in relation to third parties 15 Duties of manufacturers in relation to plant 16 Duties of manufacturers in relation to substances 17 Importers of plant and substances 18 Sections 15, 16 and 17 not to affect the operation of the Competition and Consumer Act 2010 or certain other laws 19 Duties of suppliers in relation to plant and substances 20 Financiers not to be treated as suppliers 21 Neither section 19 nor 20 affect the operation of the Competition and Consumer Act 2010 or certain other laws 22 Duties of persons erecting or installing plant in a workplace 23 Duties of persons repairing or maintaining plant in a workplace 24 Duties of persons constructing, modifying or repairing a structure on a prescribed ship or prescribed unit 25 Duties of persons engaged in loading or unloading a prescribed ship or prescribed unit 26 Sections 22, 23, 24 and 25 not to affect the operation of the Competition and Consumer Act 2010 or certain other laws 27 Duties of employees in relation to occupational health and safety 28 Reliance on information supplied—plant and substances 29 Reliance on information supplied—erection or installation of plant 30 Reliance on information supplied—repair or maintenance of plant 31 Reliance on information supplied—construction, modification or repair of structure 32 Reliance on results of research Division 2—Specific duties relating to occupational health and safety 33 Regulations relating to occupational health and safety Part 3—Workplace Arrangements Division 1—Designated work groups 34 Request to establish or vary designated work groups 35 Operator to enter into consultations to establish or vary designated work groups 36 Variation of designated work groups 37 Reference of disagreement to reviewing authority 38 Operator to establish designated work groups in accordance with consultations 39 Operator to vary designated work groups in accordance with consultations 40 Consultation procedures Division 2—Health and safety representatives 41 Selection of health and safety representatives 42 Conduct of elections of health and safety representatives 43 Candidates for election as health and safety representatives 44 Right to vote in health and safety representative election 45 Person in command to maintain list of health and safety representatives 46 Term of office 47 Training of health and safety representatives 48 Powers of health and safety representatives in respect of a workplace 49 Power of health and safety representatives to investigate complaints 50 Power of health and safety representatives to be present at certain interviews 51 Power of health and safety representatives to obtain access to information 52 Power of health and safety representatives to issue provisional improvement notices 53 Powers of health and safety representatives to be exercised for the purposes of promoting or ensuring health and safety 54 Consultant to health and safety representative 55 Access to confidential information 56 Liability of health and safety representative Division 3—Provisional improvement notices 57 Consultations in relation to rectifying contraventions or preventing contraventions of this Act 58 Issuing of provisional improvement notice 59 Effect of provisional improvement notice 60 Employees to be notified of issuing of provisional improvement notice 61 Person in command's obligations 62 Operation of section 98 for the purposes of section 100 63 Duty of operators to consult with health and safety representatives on implementation of changes at workplace 64 Duties of operators to allow health and safety representatives access to a workplace and to consult with representatives on workplace health and safety measures 65 Duty of operators to allow health and safety representatives to be present at certain interviews 66 Duty of operators to provide health and safety representatives access to certain information 67 Duty of operators to allow health and safety representatives to take time off 68 Duty of operators to provide health and safety representatives access to certain facilities 69 Access to confidential medical information 70 Access to information in relation to which an operator claims legal professional privilege 71 Resignation etc. of health and safety representatives 72 Disqualification of health and safety representatives Division 4—Health and safety committees 73 Health and safety committees 74 Functions of health and safety committees 75 Powers of health and safety committees 76 Liability of health and safety committee members 77 Duties of operators in relation to health and safety committees 78 Access to confidential medical information 79 Access to information in relation to which an operator claims legal professional privilege Division 5—Emergency procedures 80 Action by health and safety representatives 81 Directions to perform other work Part 4—Advice and Investigations Division 1—The Inspectorate 82 Functions of the Inspectorate Division 2—Advice 83 Inspectorate may refer persons seeking advice to experts Division 3—Investigations 84 Appointment of inspectors 85 Identification cards 86 Directions by Inspectorate 87 Investigations 88 Investigation report 89 Power of entry etc. 90 Power to require assistance and information 91 Power to take possession of plant, take samples of substances etc. 92 Power to direct that workplace etc. not be disturbed 93 Power to issue prohibition notices 94 Inspector to inform person in command if action by operator is inadequate 95 When prohibition notice stops having effect 96 Person in command to distribute copies of prohibition notice 97 Inspector to give copy of prohibition notice to owner of a workplace, plant, substance or thing 98 Power to issue improvement notices 99 Distribution of copies of improvement notices 100 Appeals 101 Implementation of decision under appeal 102 Powers of reviewing authority 103 Duty of inspector in relation to a decision under section 91 to take possession of plant, a substance or a thing that is not affirmed 104 Liability of inspectors 105 Notices not to be tampered with or removed 106 Arrangements with States or Territories for services of State or Territory officers Part 5—Miscellaneous 107 Notifying and reporting accidents and dangerous occurrences 108 Records of accidents and dangerous occurrences to be kept 109 Codes of practice 110 Use of codes of practice in proceedings 111 Interference etc. with equipment etc. 112 Recrediting of recreation leave 113 Operator not to levy employees etc. 114 Annual occupational health and safety report 115 Operator not to dismiss etc. employees on certain grounds 116 Beginning prosecutions 117 Conduct of servants and agents 118 Act not to give rise to other liabilities etc. 119 Circumstances preventing compliance with Act may be defence to prosecution 120 Regulations—general 121 Regulations—power to make Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to promote the occupational health and safety of persons employed in the maritime industry, and for related purposes Part 1—Preliminary Division 1—Short title and commencement 1 Short title This Act may be cited as the Occupational Health and Safety (Maritime Industry) Act 1993. 2 Commencement (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision referred to in subsection (2) does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. Division 2—Objects and definitions 3 Objects The objects of this Act are: (a) to secure the health, safety and welfare at work of maritime industry employees; and (b) to protect persons at or near workplaces from risks to health and safety arising out of the activities of maritime industry employees at work; and (c) to ensure that expert advice is available on occupational health and safety matters affecting maritime industry operators, maritime industry employees and maritime industry contractors; and (d) to promote an occupational environment for maritime industry employees that is adapted to their health and safety needs; and (e) to foster a cooperative consultative relationship between maritime industry operators and maritime industry employees on the health, safety and welfare of maritime industry employees at work. 4 Interpretation In this Act, unless the contrary intention appears: Australian General Shipping Register has the same meaning as in the Shipping Registration Act 1981. Australian International Shipping Register has the same meaning as in the Shipping Registration Act 1981. Authority means the Seafarers Safety, Rehabilitation and Compensation Authority established by the Seafarers Rehabilitation and Compensation Act 1992. coastal trading has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012. contract includes any arrangement or understanding. contractor means an individual who does work on a prescribed ship or a prescribed unit under a contract between an operator and that individual or any other person (whether an individual or not). dangerous occurrence means an occurrence, at a workplace, that is declared by the regulations to be a dangerous occurrence for the purpose of this definition. designated work group means a group of employees established as a designated work group in accordance with Division 1 of Part 3, or that designated work group as varied in accordance with this Act. emergency licence has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012. employee means: (a) a person employed by an operator on a prescribed ship or prescribed unit; or (b) a person who is on board a prescribed ship or prescribed unit and in relation to whom a work agreement is in force for the purposes of the Navigation Act 2012. general licence has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012. Government ship means a ship: (a) that belongs to the Commonwealth or a State or Territory; or (b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or (c) that is for the time being demised or sub‑demised to, or in the exclusive possession of, the Commonwealth or a State or Territory; and includes a ship that belongs to an arm of the Defence Force, but does not include a ship: (d) that belongs to a trading corporation that is an authority or agency of the Commonwealth or of a State or Territory; or (e) the beneficial interest in which is vested in such a trading corporation; or (f) that is for the time being demised or sub‑demised to, or in the exclusive possession of, such a trading corporation; or (g) that is operated by seafarers employed by a person other than the Commonwealth or a State or Territory. improvement notice means an improvement notice issued under section 98. inspector means: (a) a person appointed as an inspector under section 84; or (b) a person performing the duties and exercising the powers of an inspector under arrangements under section 106. Inspectorate means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990. involved union means: (a) in relation to an employee of a particular operator—a registered union of which the employee is a member, if the employee is qualified to be a member because of the work the employee performs for that operator; or (b) in relation to a designated work group—a registered union of which an employee in the group is a member, if the employee is qualified to be a member because of the work the employee performs as an employee in the group. off‑shore industry mobile unit has the same meaning as it had in the Navigation Act 1912 immediately before the repeal of that Act. operator, in relation to a prescribed ship or a prescribed unit, means the person who has the management or control of the ship or unit. own includes own jointly or own in part. person in command means: (a) in relation to a prescribed ship—the master, or in the absence of the master, the person on board responsible, as agent for the operator, for the operation of the ship; or (b) in relation to a prescribed unit—the person on board responsible, as agent for the operator, for the operation of the unit. plant includes any machinery, equipment or tool, or any component. prescribed ship means a ship that: (a) is either: (i) a ship to which Part II of the Navigation Act 1912 would apply if that Act had not been repealed; or (ii) a ship that is declared under subsection 4A(1) to be a prescribed ship; and (b) is not any of the following: (i) a Government ship; (ii) a ship or off‑shore industry mobile unit to which the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies; (iii) a ship that is declared under subsection 4A(2) not to be a prescribed ship. prescribed unit means: (a) an off‑shore industry mobile unit that is not self‑propelled and is under tow; or (b) a vessel or structure declared under subsection 4B(1) to be a prescribed unit; but does not include a vessel or structure declared under subsection 4B(2) not to be a prescribed unit. prohibition notice means a notice issued under section 93. provisional improvement notice means a provisional improvement notice issued under section 58. registered union means: (a) an association of employees that is registered or recognised under the Fair Work (Registered Organisations) Act 2009; or (b) an organisation of employees registered under a State or Territory Act that deals with industrial relations; or (c) a body that is declared by the regulations to be a registered union for the purposes of this Act. reviewing authority means the Fair Work Commission. shipboard management committee means a committee with management responsibilities for a prescribed ship comprising the master and any or all of the following: (a) the chief engineer; (b) the first mate; (c) the second engineer; (d) the chief steward; (e) the chief integrated rating. supervisor means the head of a department (however described) or a team leader on a prescribed ship or prescribed unit. temporary licence has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012. workplace means anywhere on board a prescribed ship or prescribed unit: (a) where an employee or contractor works; or (b) under the control of the operator to which an employee or contractor has access. 4A Declarations that a ship is or is not a prescribed ship (1) The Minister may by legislative instrument declare a ship to be a prescribed ship. (2) The Minister may by legislative instrument declare a ship not to be a prescribed ship. 4B Declarations that a vessel or structure is or is not a prescribed unit (1) The Minister may by legislative instrument declare a vessel or structure to be a prescribed unit. (2) The Minister may by legislative instrument declare a vessel or structure not to be a prescribed unit. Division 3—Miscellaneous preliminary provisions 5 Extent of Act This Act extends to all places outside Australia, including all the external Territories. 6 Application of Act (1) This Act applies in relation to a prescribed ship or prescribed unit that is engaged in trade or commerce: (a) between Australia and places outside Australia; or (aa) between 2 places outside Australia; or (b) between the States; or (c) within a Territory, between a State and a Territory or between 2 Territories. (2) Without limiting the operation of subsection (1), this Act applies to: (a) the operator of a prescribed ship or prescribed unit described in subsection (1); and (b) employees employed on a prescribed ship or prescribed unit described in subsection (1); and (c) contractors and other persons working on a prescribed ship or prescribed unit described in subsection (1); and (d) manufacturers, suppliers and importers of plant used, or substances used or handled, on a prescribed ship or prescribed unit described in subsection (1). (3) This Act also applies in relation to: (a) a vessel that would be an off‑shore industry vessel within the meaning of the Navigation Act 1912 if that Act had not been repealed and either: (i) was, immediately before the repeal of that Act, covered by a declaration in force under subsection 8A(2) of that Act; or (ii) is covered by a declaration in force under subsection (3AB) of this section; or (b) a ship that would be a trading ship within the meaning of the Navigation Act 1912 if that Act had not been repealed and either: (i) was, immediately before the repeal of that Act, covered by a declaration in force under subsection 8AA(2) of that Act; or (ii) is covered by a declaration in force under subsection (3AB) of this section. (3AA) However, this Act does not apply because of subsection (3) to a vessel or ship that is covered by a declaration in force under subsection (3AC). (3AB) The Authority may declare in writing that this Act applies to a vessel or ship that would be an off‑shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed. (3AC) The Authority may declare in writing that this Act does not apply because of subsection (3) to a vessel or ship that would be an off‑shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed. (3AD) A declaration made under subsection (3AB) or (3AC) is not a legislative instrument. (3A) This Act also applies to: (a) a vessel that is used to engage in coastal trading under a general licence; and (b) a vessel that is used to engage in coastal trading under a temporary licence if the vessel is registered in the Australian International Shipping Register; and (c) a vessel that is used to engage in coastal trading under an emergency licence if the vessel is registered in the Australian General Shipping Register or the Australian International Shipping Register. (4) Without limiting the operation of subsection (3) or (3A), this Act applies to: (a) the operator of a vessel or ship described in subsection (3) or (3A); and (b) employees employed on a vessel or ship described in subsection (3) or (3A); and (c) contractors and other persons working on a vessel or ship described in subsection (3) or (3A); and (d) manufacturers, suppliers and importers of plant used, or substances used or handled on, a vessel or ship described in subsection (3) or (3A). (5) Without prejudice to its effect apart from this subsection, this Act also has effect as provided by subsections (6), (7) and (8). (6) This Act has, by force of this subsection, the effect it would have if: (a) a reference to an operator were limited to a reference to a trading corporation formed within the limits of the Commonwealth; and (b) a reference to an employee were limited to a reference to an employee of a trading corporation formed within the limits of the Commonwealth; and (c) a reference to a contractor were limited to a reference to a contractor working for a trading corporation formed within the limits of the Commonwealth; and (d) a reference to a manufacturer were limited to a reference to a manufacturer that is a trading corporation formed within the limits of the Commonwealth; and (e) a reference to a supplier were limited to a reference to a supplier that is a trading corporation formed within the limits of the Commonwealth; and (f) a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a trading corporation formed within the limits of the Commonwealth. (7) This Act has, by force of this subsection, the effect it would have if: (a) a reference to an operator were limited to a reference to a financial corporation formed within the limits of the Commonwealth; and (b) a reference to an employee were limited to a reference to an employee of a financial corporation formed within the limits of the Commonwealth; and (c) a reference to a contractor were limited to a reference to a contractor working for a financial corporation formed within the limits of the Commonwealth; and (d) a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a financial corporation formed within the limits of the Commonwealth. (8) This Act has, by force of this subsection, the effect it would have if: (a) a reference to an operator were limited to a reference to a foreign corporation; and (b) a reference to an employee were limited to a reference to an employee of a foreign corporation; and (c) a reference to a contractor were limited to a reference to a contractor working for a foreign corporation; and (d) a reference to a manufacturer were limited to a reference to a manufacturer that is a foreign corporation; and (e) a reference to a supplier were limited to a reference to a supplier that is a foreign corporation; and (f) a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a foreign corporation. (9) This Act does not apply with respect to: (a) State banking that does not extend beyond the limits of the State concerned; or (b) State insurance that does not so extend. 7 This Act not to affect the Navigation Act 2012 This Act does not affect the operation of the Navigation Act 2012. 8 Application of Act to prescribed ships or prescribed units controlled by contractors (1) Despite anything in this Act, if a prescribed ship or prescribed unit is controlled by a contractor for construction or repair purposes: (a) this Act (other than sections 22, 23, 24, 25 and 26) does not apply to that ship or unit while it is so controlled; and (b) this Act (other than sections 22, 23, 24, 25 and 26) does not apply to work performed by contractors on that ship or unit while it is so controlled; and (c) this Act, other than Parts 1 and 2 and section 120, applies to work performed by employees on that ship or unit while it is so controlled: (i) only if the regulations so provide; and (ii) subject to such modifications and adaptations (if any) as are set out in the regulations. (2) A prescribed ship or prescribed unit is taken to be controlled by a contractor if, and only if, the operator has given control of the ship or unit to the contractor. (3) Despite anything in this Act, a contractor does not become an operator because the contractor is given control of a prescribed ship or prescribed unit for construction or repair purposes. 8A Application of Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Division 4—Additional functions conferred on Seafarers Safety, Rehabilitation and Compensation Authority and Ministerial directions 9 Functions conferred on the Authority The following additional functions are conferred on the Authority: (a) to ensure, in accordance with this Act and the regulations, that the obligations imposed by or under this Act and the regulations are complied with; (b) to advise operators, employees or contractors, either on its own initiative or on being asked, on occupational health and safety matters; (c) to collect, interpret and report information relating to occupational health and safety; (d) to formulate policies and strategies relating to the occupational health and safety of employees; (e) to accredit occupational health and safety training courses for the purposes of section 47; (f) to liaise with other bodies concerned with occupational health and safety; (g) to advise the Minister: (i) on the most effective means of giving effect to the objects of this Act; and (ii) on the making of regulations under this Act; and (iii) on the approval of codes of practice under subsection 109(1). 10 Directions by Minister (1) The Minister may, in writing, give directions to the Authority concerning the performance of its functions, and the exercise of its powers, under this Act. (2) The Authority must comply with the directions. Part 2—Occupational Health and Safety Division 1—General duties relating to occupational health and safety 11 Duties of operators in relation to their employees (1) An operator of a prescribed ship or prescribed unit must take all reasonable steps to protect the health and safety at work of employees. Penalty: 1,000 penalty units. (2) In particular but without limiting subsection (1), an operator must take all reasonable steps to comply with the rest of this section. An operator who fails to take those steps contravenes subsection (1). (3) An operator must provide and maintain a working environment (including plant and systems of work) that: (a) is safe for employees and without risk to their health; and (b) provides adequate facilities for their welfare at work. (4) An operator must, in relation to any workplace under the operator's control: (a) ensure the workplace is safe for employees and without risk to their health; and (b) provide and maintain a means of access to and from the workplace that is safe for employees and without risk to their health. (5) An operator must ensure the safety at work of employees (including the absence of risks at work to the health of employees), in connection with the use, handling, storage or transport of plant or substances. (6) An operator must give employees the information, instruction, training and supervision necessary to enable them to perform their work in a way that is safe and without risk to their health. An operator may provide information, instruction and training on a prescribed ship or prescribed unit. (7) An operator must: (a) take appropriate action to monitor employees' health and safety at work, and the conditions of the workplaces under the operator's control; and (b) maintain appropriate information and records relating to employees' health and safety; and (c) provide appropriate medical and first aid services for employees. 12 Consultative processes for developing health and safety policy (1) An operator of a prescribed ship or prescribed unit must take all reasonable steps to develop a policy relating to the occupational health and safety of employees in accordance with this section. Penalty: 1,000 penalty units. (2) The policy must be developed in consultation with any involved unions in relation to the employees, and with such other persons as the operator considers appropriate. (3) The policy must: (a) enable the operator and the employees to cooperate effectively in promoting and developing measures to ensure the employees' health, safety and welfare at work; and (b) provide adequate mechanisms for reviewing the effectiveness of the measures. (4) The policy must: (a) provide appropriate mechanisms for continuing consultations between the operator, the involved unions and the employees on occupational health and safety matters; and (b) provide for such other matters (if any) as are agreed between the operator and the involved unions. 13 Duties of operators in relation to contractors (1) The obligations of an operator of a prescribed ship or prescribed unit in respect of employees employed on the ship or unit that are set out in subsections 11(1) to (6) also apply in respect of persons who are contractors on that ship or unit to the extent set out in this section, and not otherwise. (2) The obligations apply in relation to matters over which the operator has control. (3) The obligations apply in relation to matters: (a) over which the operator would, in the circumstances, usually be expected to have had control; and (b) over which the operator would have had control apart from an express provision to the contrary in an agreement made by the operator with such a contractor. Penalty: 1,000 penalty units. (4) For the purposes of an offence against this section, strict liability applies to the physical element, that the obligations set out in subsections 11(1) to (6) apply as set out in subsection (1) of this section. 14 Duties of operators in relation to third parties An operator of a prescribed ship or prescribed unit must take all reasonable steps to ensure that persons, other than employees or contractors, at or near a workplace under the operator's control are not exposed to risk to their health or safety arising from the conduct of the operator's undertaking. Penalty: 1,000 penalty units. 15 Duties of manufacturers in relation to plant (1) This section applies to a manufacturer of plant that the manufacturer ought reasonably to expect will be used by employees at work on a prescribed ship or prescribed unit. (2) The manufacturer must take all reasonable steps to ensure that the plant is so designed and constructed as to be, when properly used, safe for employees and without risk to their health. (3) The manufacturer must take all reasonable steps to carry out, or cause to be carried out, the research, testing and examination necessary to: (a) discover; and (b) eliminate or minimise; any risk to the health or safety of employees that may arise from the use of the plant. (4) The manufacturer must take all reasonable steps to make available to an operator, in connection with the use of the plant by employees at work, adequate information about: (a) its intended use; and (b) its design and construction; and (c) any conditions necessary to ensure that, when put to its intended use, it will be safe for employees and without risk to their health. Penalty: 200 penalty units. 16 Duties of manufacturers in relation to substances (1) This section applies to a manufacturer of a substance that the manufacturer ought reasonably to expect will be used by employees at work on a prescribed ship or prescribed unit. (2) The manufacturer must take all reasonable steps to ensure that the substance is so manufactured as to be, when properly used, safe for employees and without risk to their health. (3) The manufacturer must take all reasonable steps to carry out, or cause to be carried out, the research, testing and examination necessary to: (a) discover; and (b) eliminate or minimise; any risk to the health or safety of employees that may arise from the use of the substance. (4) The manufacturer must take all reasonable steps to make available to an operator, in connection with the use of the substance by employees at work, adequate information about: (a) its intended use; and (b) details of its composition; and (c) any conditions necessary to ensure that, when put to its intended use, it will be safe for employees and without risk to their health; and (d) the first aid and medical procedures that should be followed if the substance causes injury. Penalty: 200 penalty units. 17 Importers of plant and substances If: (a) plant or a substance is imported into Australia by a person who is not its manufacturer; and (b) at the time of the importation the manufacturer of the plant or substance does not have a place of business in Australia; the first‑mentioned person is, for the purposes of sections 15 and 16, taken to be the manufacturer of the plant or substance. 18 Sections 15, 16 and 17 not to affect the operation of the Competition and Consumer Act 2010 or certain other laws Sections 15, 16 and 17 do not affect the operation of the Competition and Consumer Act 2010, or of any other law of the Commonwealth or a State or Territory that imposes an obligation on a manufacturer in respect of defective goods or in respect of information to be supplied in relation to goods. 19 Duties of suppliers in relation to plant and substances (1) This section applies to a supplier of any plant or substance that the supplier ought reasonably to expect will be used by employees at work on a prescribed ship or prescribed unit. (2) The supplier must take all reasonable steps to ensure that, at the time of supply, the plant or substance is in such condition as to be, when properly used, safe for employees and without risk to their health. (3) The supplier must take all reasonable steps to carry out, or cause to be carried out, the research, testing and examination necessary to: (a) discover; and (b) eliminate or minimise; any risk to the health or safety of employees that may arise from the condition of the plant or substance. (4) The supplier must take all reasonable steps to make available to an operator, in connection with the use of the plant or substance by employees at work, adequate information about: (a) the condition of the plant or substance at the time of supply; and (b) any risk to the health and safety of employees to which the condition of the plant or substance may give rise unless it is properly used; and (c) the steps that need to be taken in order to eliminate such risk; and (d) in the case of a substance—the first aid and medical procedures that should be followed if the condition of the substance causes injury. Penalty: 200 penalty units. 20 Financiers not to be treated as suppliers (1) If a person (the financier) supplies any plant or substance to an operator under a financing arrangement for the acquisition of the plant or substance from a third person, the reference in section 19 to the supplier is taken to be a reference to the third person and not to the financier. (2) A person supplies plant or a substance to an operator under a financing arrangement for the acquisition of the plant or substance from a third person if: (a) the financier carries on the business of financing the acquisition or the use of goods by other persons; and (b) the financier has, in the course of that business, acquired an interest in the plant or substance solely for the purpose of financing its acquisition by the operator from the third person, or its provision to the operator by the third person; and (c) the financier has not taken possession of the plant or substance or has taken possession of the plant or substance solely for the purpose of passing possession to that operator; the reference in section 19 to a supplier is, in relation to the plant or substance referred to in this subsection, to be read as a reference to the third person and not as a reference to the financier. 21 Neither section 19 nor 20 affect the operation of the Competition and Consumer Act 2010 or certain other laws Neither section 19 nor 20 affect the operation of the Competition and Consumer Act 2010, or of any other law of the Commonwealth or a State or Territory that imposes an obligation in respect of the sale or supply of goods or in respect of the information to be supplied in relation to goods. 22 Duties of persons erecting or installing plant in a workplace A person who erects or installs any plant in a workplace must take all reasonable steps to ensure that the plant is not erected or installed in such a way that it is unsafe for employees, contractors or other persons who use the plant or constitutes a risk to their health. Penalty: 200 penalty units. 23 Duties of persons repairing or maintaining plant in a workplace A person who repairs or maintains any plant in a workplace must take all reasonable steps to ensure that the plant is not repaired or maintained in such a way that it is unsafe for employees, contractors or other persons who use the plant or constitutes a risk to their health. Penalty: 200 penalty units. 24 Duties of persons constructing, modifying or repairing a structure on a prescribed ship or prescribed unit A person who constructs, modifies or repairs a structure on a prescribed ship or prescribed unit must take all reasonable steps to ensure the structure is not constructed, modified or repaired in such a way that it is unsafe for employees, contractors or other persons or constitutes a risk to their health. Penalty: 200 penalty units. 25 Duties of persons engaged in loading or unloading a prescribed ship or prescribed unit A person who is engaged in loading or unloading a prescribed ship or prescribed unit must take all reasonable steps to ensure that the ship or unit is not loaded or unloaded in such a way that it is unsafe for employees, contractors or other persons or constitutes a risk to their health. Penalty: 200 penalty units. 26 Sections 22, 23, 24 and 25 not to affect the operation of the Competition and Consumer Act 2010 or certain other laws Sections 22, 23, 24 and 25 do not affect the operation of the Competition and Consumer Act 2010, or of any other law of the Commonwealth or a State or Territory that imposes an obligation in respect of the erection or installation of goods or the supply of other services. 27 Duties of employees in relation to occupational health and safety (1) An employee must, at all times while at work, take all reasonable steps to comply with the rest of this section. An employee who fails to take those steps contravenes this section. Penalty: 50 penalty units. (2) An employee must ensure that he or she does not create a risk, or increase an existing risk (whether by doing something or failing to do something), to his or her own health or safety or to the health or safety of other persons (whether employees or not) at or near the place where he or she is at work. (3) An employee must cooperate with the operator, or with any other person, to the extent necessary to enable the operator or other person to fulfil a duty or obligation imposed on the operator or other person by or under this Act. (4) If: (a) equipment is supplied to the employee by the operator; and (b) the equipment is necessary to protect the health and safety of the employee, or of other persons (whether employees or not) at or near the place at which the employee is at work; the employee must use the equipment, and must use it in accordance with any instructions given by the operator consistent with its safe and proper use. (5) The choice or manner of use of equipment may be agreed on between the operator and any relevant involved union or agreed on by a health and safety committee. 28 Reliance on information supplied—plant and substances (1) In particular, but without limiting what constitutes taking reasonable steps as required by section 11, 13 or 14 for the purpose of the application of those sections to the use of plant or a substance, an operator on whom an obligation is imposed under section 11, 13 or 14 is taken to have taken such reasonable steps as the relevant section requires if subsection (2) applies. (2) This subsection applies if: (a) the operator ensured, so far as practicable, that the use of the plant or substance was in accordance with the information supplied by the manufacturer or the supplier of the plant or substance relating to the use of the plant or substance in a manner that ensures the health and safety of employees, contractors or other persons who use it; and (b) it was reasonable for the operator to rely on that information. 29 Reliance on information supplied—erection or installation of plant (1) In particular, but without limiting what constitutes taking reasonable steps as required by section 22 for the purpose of the application of that section to the erection or installation of plant in a workplace, a person on whom an obligation is imposed under section 22 is taken to have taken such reasonable steps as the section requires, if subsection (2) applies. (2) This subsection applies if: (a) the person ensured, so far as practicable, that the erection or installation of the plant was in accordance with information supplied by the manufacturer or the supplier of the plant relating to the erection or installation of the plant in a manner that ensures the health and safety of employees, contractors or other persons who use the plant; and (b) it was reasonable for the person to rely on that information. 30 Reliance on information supplied—repair or maintenance of plant (1) In particular, but without limiting what constitutes taking reasonable steps as required by section 23 for the purpose of the application of that section to the repair or maintenance of plant in a workplace, a person on whom an obligation is imposed under section 23 is taken to have taken such reasonable steps as that section requires if subsection (2) applies. (2) This subsection applies if: (a) the person ensured, so far as practicable, that the repair or maintenance of the plant was in accordance with information supplied by the manufacturer or supplier of the plant relating to the repair or maintenance of the plant in a manner that ensures the health and safety of employees, contractors or other persons who use the plant; and (b) it was reasonable for the person to rely on that information. 31 Reliance on information supplied—construction, modification or repair of structure (1) In particular, but without limiting what constitutes taking reasonable steps as required by section 24, for the purpose of the application of that section to the construction, modification or repair of a structure on a prescribed ship or prescribed unit, a person on whom an obligation is imposed under section 24 is taken to have taken such reasonable steps if subsection (2) applies. (2) This subsection applies if: (a) the person ensured, so far as practicable, that the construction, modification or repair of the structure was in accordance with information supplied by the manufacturer or the supplier of the materials or parts used in the construction, modification or repair of the structure in a manner that ensures the health and safety of employees, contractors or other persons on the prescribed ship or prescribed unit; and (b) it was reasonable for the person to rely on that information. 32 Reliance on results of research (1) In particular, but without limiting what constitutes taking reasonable steps as required by section 15, 16 or 19, for the purpose of the application of those sections to carrying out research, testing and examining plant or a substance, a person on whom the obligation is imposed under section 15, 16 or 19 is taken to have taken such reasonable steps as that section requires, if subsection (2) applies. (2) This subsection applies if: (a) the research, testing or examination has already been carried out by or on behalf of someone else; and (b) it was reasonable for the person to rely on that research, testing or examination. Division 2—Specific duties relating to occupational health and safety 33 Regulations relating to occupational health and safety (1) Subject to this Act, the regulations may make provision relating to any matter affecting, or likely to affect, the occupational health and safety of: (a) employees employed on a prescribed ship or prescribed unit; or (b) contractors working on a prescribed ship or prescribed unit; or (c) other persons on or near a prescribed ship or prescribed unit. (2) In particular, but without limiting subsection (1), those regulations may make provision for any or all of the following: (a) prohibiting or restricting the performance of all work or specified work at a workplace or by employees or contractors at work; (b) prohibiting or restricting the use of all plant or specified plant at a workplace or by employees or contractors at work; (c) prohibiting or restricting the carrying out of all processes or procedures, or a specified process or procedure, at a workplace or by employees or contractors at work; (d) prohibiting or restricting the storage or use of all substances or specified substances at a workplace or by employees or contractors at work; (e) specifying the form in which information required to be made available to an operator under paragraph 15(4), 16(4) or 19(4) is to be so made available; (f) prohibiting, except in accordance with licences granted under the regulations, the use of specified plant or specified substances at a workplace or by employees or contractors at work; (g) providing for the issue, variation, renewal, transfer, suspension and cancellation of such licences, the conditions to which the licences may be subject and the fees payable for the issue, variation or transfer of the licences; (h) regulating the maintenance and testing of plant used at a workplace or by employees or contractors at work; (i) regulating the labelling or marking of substances used at a workplace or by employees or contractors at work; (j) regulating the transport of specified plant or specified substances for use at a workplace or by employees or contractors at work; (k) prohibiting the performance, at a workplace or by employees or contractors at work, of specified activities or work except: (i) by persons who satisfy requirements of the regulations as to qualifications, training or experience; or (ii) under the supervision specified in the regulations; (l) requiring specified action to avoid accidents or dangerous occurrences; (m) providing for, or prohibiting, specified action in the event of accidents or dangerous occurrences; (n) providing for the employment at workplaces of persons to perform specified duties relating to the maintenance of occupational health and safety at workplaces; (o) regulating the provision and use of protective clothing and equipment, safety equipment and rescue equipment, at a workplace or by employees or contractors at work; (p) providing for monitoring the health of employees and the conditions at workplaces; (q) requiring operators to keep records of matters related to the occupational health and safety of employees; (r) providing for the provision of first aid equipment and facilities at workplaces. Part 3—Workplace Arrangements Division 1—Designated work groups 34 Request to establish or vary designated work groups A request to an operator to enter into consultations to establish designated work groups in respect of employees of the operator employed on a prescribed ship or prescribed unit, or to vary designated work groups that have already been established, may be made by: (a) if there are involved unions in relation to employees of the operator—any such involved union; or (b) if there is no involved union in relation to any employee of the operator—any such employee. 35 Operator to enter into consultations to establish or vary designated work groups The operator must, within 14 days after receiving a request under section 34, enter into such consultations with: (a) if there are involved unions in relation to employees of the operator—each such involved union; or (b) if there is no involved union in relation to any employee of the operator—the employee who made the request. 36 Variation of designated work groups If the operator thinks that designated work groups should be varied, the operator may, at any time, enter into consultations about the variation of the designated work groups with: (a) if there are involved unions in relation to employees of the operator—each such involved union; or (b) if there is no involved union in relation to any employee of the operator—the health and safety representative for each designated work group proposed to be varied. 37 Reference of disagreement to reviewing authority (1) If, in the course of consultations under section 35 or 36, there is a disagreement between any of the parties to the consultation about the manner of establishing or varying a designated work group, any party may, for the purpose of facilitating that consultation, refer the matter of disagreement to the reviewing authority. (2) If a disagreement is referred to the reviewing authority under subsection (1), the parties to the disagreement must complete the consultation in accordance with the resolution of that matter by the reviewing authority. 38 Operator to establish designated work groups in accordance with consultations Within 14 days after the completion of consultations under section 35 about the establishment of designated work groups, the operator must, by notifying the employees, establish the designated work groups in accordance with the outcome of the consultations. 39 Operator to vary designated work groups in accordance with consultations Within 14 days after the completion of consultations under section 35 or 36 about the variation of designated work groups that have already been established, the operator must, if it has been determined that the variation of some or all of those designated work groups is justified, by notifying the employees who are affected by the variation, vary the designated work groups in accordance with the outcome of the consultations. 40 Consultation procedures (1) Consultations about the establishment or variation of a designated work group must be directed principally at the determination of the manner of grouping employees: (a) that best and most conveniently enables the employees' interests relating to occupational health and safety to be represented and safeguarded; and (b) that best takes account of the need for any health and safety representative selected for that designated work group to be accessible to each employee in the group. (2) The parties to the consultations must have regard, in particular, to: (a) the number of the employees; and (b) the nature of each type of work performed by the employees; and (c) the number and grouping of the employees who perform the same or similar types of work; and (d) the workplaces, and the areas within the workplaces, where each type of work is performed; and (e) the nature of any risks to health and safety at the workplaces; and (f) any extended hours or watchkeeping arrangements on the prescribed ship or prescribed unit. (3) The designated work groups must be established or varied in such a way that, so far as practicable, each of the employees is in a designated work group. (4) All the employees on a prescribed ship or prescribed unit may be in one designated work group. Division 2—Health and safety representatives 41 Selection of health and safety representatives (1) One health and safety representative may be selected for each designated work group. (2) A person cannot be selected as the health and safety representative for a designated work group unless the person is an employee included in the group. (3) A person is taken to have been selected as the health and safety representative for a designated work group if: (a) all the employees in the group unanimously agree to the selection; or (b) the person is elected as the health and safety representative for the group. 42 Conduct of elections of health and safety representatives An election of a health and safety representative for the designated work group may be conducted: (a) if there is only one involved union in relation to the group—by that involved union; or (b) if there is more than one involved union and all the involved unions are in agreement that a specified one of those unions should conduct the election—by that specified union; or (c) if there is no involved union in relation to the group—by a person authorised by the Authority to conduct elections under this section. 43 Candidates for election as health and safety representatives An employee in the designated work group may be a candidate in the election if, and only if: (a) the employee is not disqualified under section 72; and (b) if an involved union in relation to the group is conducting the election—the employee is nominated by an involved union in relation to the group. 44 Right to vote in health and safety representative election (1) All the employees in the designated work group may vote in the election under section 42. (2) If there is only one candidate for the election, that person is taken to have been elected. (3) If a person is selected as the health and safety representative for a designated work group: (a) if the person is selected by agreement in accordance with paragraph 41(3)(a)—the person; and (b) if the person is selected by election in accordance with paragraph 41(3)(b)—the involved union or other person authorised under section 42 to conduct the election; must, as soon as practicable after the person has been so selected, inform the person in command of the name of the person so selected. (4) As soon as practicable after being so informed, the person in command must cause a notice of the selection to be displayed in a prominent place at such workplaces as will allow all the employees in the group to be notified of the selection. 45 Person in command to maintain list of health and safety representatives The person in command must prepare and keep up‑to‑date a list of all the health and safety representatives for designated work groups, and must ensure that the list is at all reasonable times available for inspection by: (a) the employees; and (b) involved unions in relation to the designated work groups; and (c) inspectors. 46 Term of office (1) Subject to this Part, a health and safety representative for a designated work group holds office: (a) for the period beginning on the day on which the person is selected as the representative and ending on the day on which the person stops serving on the prescribed ship or prescribed unit, as the case may be; or (b) if agreed in consultations held under section 35 or 36 by the parties to those consultations—for a succession of such periods. (2) The maximum period that a person can hold office as a health and safety representative for a designated work group is 2 years. (3) A person may be re‑selected as the health and safety representative for a designated work group. 47 Training of health and safety representatives (1) A health and safety representative for a designated work group must undertake a course of training relating to occupational health and safety that is accredited by the Authority for the purposes of this section. A course may be provided on a prescribed ship or prescribed unit. (2) The operator must permit the health and safety representative to take such time off work, without loss of remuneration or other entitlements, as is necessary to undertake the training. 48 Powers of health and safety representatives in respect of a workplace (1) A health and safety representative for a designated work group may, in respect of a workplace at which work is performed by some or all of the employees in the group, do all or any of the following: (a) inspect the whole or any part of the workplace if: (i) there has, in the immediate past, been an accident or a dangerous occurrence at the workplace, or there is an immediate threat of such an accident or such an occurrence; or (ii) the representative has given the operator reasonable notice of the inspection; (b) ask an inspector or the Inspectorate to conduct an investigation at the workplace; (c) accompany an inspector during any investigation at the workplace by the inspector (whether or not the investigation is being conducted as a result of a request made by the representative); (d) if there is no health and safety committee on the prescribed ship or prescribed unit—represent the employees in the group in consultations with the person in command about the development, implementation and review of measures to ensure the health and safety at work of the employees in the group; (e) if a health and safety committee has been established on the prescribed ship or prescribed unit—examine any of the records of that committee. (2) If the health and safety representative asks for an investigation of the workplace under paragraph (1)(b), the representative must notify the person in command of the request. 49 Power of health and safety representatives to investigate complaints A health and safety representative for a designated work group may investigate complaints made by any of the employees in the group to the representative about the health and safety of any of the employees at work. 50 Power of health and safety representatives to be present at certain interviews A health and safety representative for a designated work group may, with the consent of the employee concerned, be present at any interview, about health and safety at work, between an employee in the group and: (a) an inspector; or (b) the operator, the person in command or any other person representing the operator. 51 Power of health and safety representatives to obtain access to information A health and safety representative for a designated work group may obtain access to: (a) any information under the operator's control relating to risks to the health and safety of any employees: (i) at any workplace under the operator's control; or (ii) arising from the conduct by the operator of an undertaking, or from plant or substances used for the purposes of the undertaking; and (b) subject to section 55, any information under the operator's control relating to the health and safety of any of the employees. 52 Power of health and safety representatives to issue provisional improvement notices A health and safety representative for a designated work group may issue provisional improvement notices in accordance with section 58. 53 Powers of health and safety representatives to be exercised for the purposes of promoting or ensuring health and safety The powers of a health and safety representative under sections 48 to 52 (inclusive) may only be exercised for the purposes of promoting and ensuring the health and safety at work for the employees in the designated work group. 54 Consultant to health and safety representative (1) A health and safety representative for a designated work group may, in the exercise of his or her powers, be assisted by a consultant. (2) A health and safety representative must not: (a) be assisted by a consultant at a workplace; or (b) give to a consultant information which has been given to the health and safety representative by an operator under section 51; unless the operator has, in writing, agreed to the giving of that assistance at that workplace or the giving of that information, as the case may be. (3) The operator does not, because of the agreement under subsection (2) to the provision of assistance by a consultant, become liable for any remuneration or other expenses incurred in connection with the consultant's activities. (4) If a health and safety representative is being assisted by a consultant, the consultant may be present with the representative at any interview under section 50, about health and safety at work, between an employee in the group and: (a) an inspector; or (b) the operator, the person in command or any other person representing the operator; if, and only if, the employee consents to the presence of the consultant. 55 Access to confidential information The health and safety representative for a designated work group must not, or, if the health and safety representative is assisted by a consultant, the health and safety representative and the consultant must not, under paragraph 51(b), have access: (a) to information in respect of which the operator may claim, and does claim, legal professional privilege; or (b) to information of a confidential medical nature relating to a person who is or was an employee unless: (i) the person has given to the operator a written authority allowing the health and safety representative, or the health and safety representative and the consultant, as the case requires, to have access to the information; or (ii) the information is in a form that does not identify the person or enable the identity of the person to be discovered. 56 Liability of health and safety representative This Act does not: (a) impose an obligation on a person to exercise any power conferred on the person because the person is a health and safety representative for a designated work group; or (b) render a person liable in civil proceedings because of: (i) a failure to exercise such a power; or (ii) the way such a power was exercised. Division 3—Provisional improvement notices 57 Consultations in relation to rectifying contraventions or preventing contraventions of this Act (1) If the health and safety representative for a designated work group thinks, on reasonable grounds, that a person: (a) is contravening a provision of this Act or the regulations; or (b) has contravened a provision of this Act or the regulations and is likely to contravene that provision again; and the contravention affects or may affect one or more employees included in the group, the representative must consult with the person supervising the work performed by the employee or employees in an attempt to reach agreement on rectifying the contravention or preventing the likely contravention. (2) If the representative and the supervisor fail to reach agreement, the representative must consult with the person in command in an attempt to reach agreement on rectifying the contravention or preventing the likely contravention. 58 Issuing of provisional improvement notice (1) If the health and safety representative for a designated work group thinks agreement under subsection 57(2) is not reached within a reasonable time, the health and safety representative may issue a provisional improvement notice to the person in command. (2) The notice must: (a) specify the contravention of this Act or the regulations that the health and safety representative thinks is occurring or is likely to occur; and (b) set out the reasons why the health and safety representative thinks the contravention of this Act or the regulations is occurring or is likely to occur; and (c) specify a period of not less than 7 days beginning on