New infringeable offences 2020
The Work Health and Safety (National Uniform Legislation) Regulations 2011 has been amended to expand the number of infringement notice offences in the Northern Territory.
What is an infringement notice?
An infringement notice, also known as an on-the-spot fine, are sanctions available to Work Health and Safety Regulators nationally. An infringement notice can be given for offences that are not serious enough to warrant a prosecution. The infringeable offences below are enforceable from Wednesday 29 July 2020.
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Incident notification
- Failing to inform NT WorkSafe of a notifiable incident as per Section 38(1).
- Failing to preserve an incident site as per Section 39(1).
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Authorised work
- Carrying out work without the proper authorisation, or directing or allowing an unauthorised worker to carry out work that requires authorisation as per Section 43.
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Displaying issued notices
- Failing to display a non-disturbance notice as per Section 210.
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General workplace management
- Failing to provide suitable and adequate information, training and instruction that is readily understandable as per Regulation 39.
- Failing to provide adequate facilities for workers as per Regulation 41(1).
- Failing to provide the necessary requirements for first aid as per Regulation 42(1).
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Confined spaces work
- Failing to provide suitable and adequate information, training and instruction to workers working in confined spaces as per Regulation 76(1).
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Managing the risk of falls
- Failing to manage the risk of a fall as per Regulation 78.
- Failing to provide a safe system of work to minimise the risk of a fall as per Regulation 79.
- Failing to establish emergency and rescue procedures if using a fall arrest system as per Regulation 80.
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Construction work
- Failing to secure a construction site from unauthorised access as per Regulation 298.
- Failing to prepare a safe work method statement (SWMS) for any proposed high risk construction work as per Regulation 299(1).
- Failing to put arrangements in place to ensure high risk construction work is carried out in accordance with the SWMS as per Regulation 300(1).
- Failing to stop high risk construction work that is not done in accordance with the SWMS as per Regulation 300(2).
- Failing to keep a copy of a SWMS for inspection as per Regulation 303(4).
- Directing or allowing a worker, who has not completed general construction induction training, to carry out construction work as per Regulation 317(1).
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Asbestos
- Carrying out, directing or allowing a worker to carry out work involving asbestos as per Regulation 419(1).
- Using, directing or allowing a worker to use the specified equipment on asbestos or asbestos containing material as per Regulation 446(1) and (3).
- Failing to ensure a licensed removalist or competent person is used to carry out the removal of asbestos or asbestos containing material as per Regulation 458(1) and (3).
- Failing to notify NT WorkSafe of asbestos removal as per Regulation 466(1) and (3).