Hon Robin Chapple asks about Worksafe's response to complaints at Kalgoorlie Cement Works. The Minister details issued notices, penalties for breaches, and explains improvement/prohibition notices.

AnsweredQoN 585Legislative Council
Asked
20 March 2003
Portfolio
Consumer and Employment Protection

QuestionView source ↗

I refer to the Kalgoorlie Cement Works (KCW) managed by Mark Posa and an e-mail from Mr Arthur Livock sent to a complainant dated March 12 2003 -
(1) Has a Worksafe inspector/officer visited the above site in the last two weeks?
(2) If so to (1), can the Minister specifically state what improvement, prohibition notices were issued to KCW and the reasons why they were issued?
(3) If no to (1), why not given that Worksafe has received recent complaints?
(4) Can the Minister specifically state which concerns are not the direct responsibility of Worksafe and whom has the responsibility for these concerns?
(5) If no to (4), why not?
(6) Can the Minister state all the concerns that were the responsibility of Worksafe and how they have been addressed forthwith?
(7) If no to (6), why not?
(8) Can the Minister state what is the penalty for breaching Section 21(1)(b) of the
Occupational Safety and Health Act 1984
?
(9) If no to (8), why not?
(10) Can the Minister state what is an improvement notice and why they are issued by inspectors?
(11) If no to (10), why not?
(12) Can the Minister state what is a Prohibition Notice and why they are issued by inspectors?
(13) If no to (12), why not?

AnswerView source ↗

Answered
9 April 2003
Responded by
Minister for Racing and Gaming representing the Minister for Consumer and Employment Protection
Response time
20 days
(2) Yes, a total of six notices were issued to KCW on 14 March 2003. The reasons for issuing them are as follows: Notice Reason for Issuing Improvement Gas welding equipment has not been maintained Improvement Fixed electrical points have not been provided near electrical equipment Improvement Safe system of work involving concrete mould lining agents has not been maintained Improvement Access and egress at the workplace has not been kept clear of obstructions Improvement Inadequate guard rails to raised work platforms Prohibition Safe system of work in relation to a forklift has not been maintained (3) Not applicable (4) WorkSafe has responded to alleged concerns that primarily relate to occupational safety and health through the issue of notices as detailed in (2) or by way of verbal direction. WorkSafe has advised that a number of other allegations by the complainant have been raised directly with other government agencies. (5) Not applicable (6) See (2). Under the WorkSafe Enforcement Policy if a safety risk can be immediately rectified an inspector is not required to issue a notice. In this case the Inspector also gave verbal direction on a number of safety issues that were remedied before he left the work site. (7) Not applicable (8) Yes, a person who contravenes section 21(1)(b) is liable to: a. a fine of $100,000; and b. if that contravention causes the death or serious harm of any person, a fine of $200,000. (9) Not Applicable (10) An improvement notice is a written direction issued by a WorkSafe inspector, under section 48 of the Occupational Safety and health Act 1984 . Improvement notices may be issued where a WorkSafe Inspector is of the opinion that any person: a. is contravening any provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 ; or b. has contravened a provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 in circumstances that make it likely that the contravention will continue or be repeated. (11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
Notice Reason for Issuing Improvement Gas welding equipment has not been maintained Improvement Fixed electrical points have not been provided near electrical equipment Improvement Safe system of work involving concrete mould lining agents has not been maintained Improvement Access and egress at the workplace has not been kept clear of obstructions Improvement Inadequate guard rails to raised work platforms Prohibition Safe system of work in relation to a forklift has not been maintained (3) Not applicable (4) WorkSafe has responded to alleged concerns that primarily relate to occupational safety and health through the issue of notices as detailed in (2) or by way of verbal direction. WorkSafe has advised that a number of other allegations by the complainant have been raised directly with other government agencies. (5) Not applicable (6) See (2). Under the WorkSafe Enforcement Policy if a safety risk can be immediately rectified an inspector is not required to issue a notice. In this case the Inspector also gave verbal direction on a number of safety issues that were remedied before he left the work site. (7) Not applicable (8) Yes, a person who contravenes section 21(1)(b) is liable to: a. a fine of $100,000; and b. if that contravention causes the death or serious harm of any person, a fine of $200,000. (9) Not Applicable (10) An improvement notice is a written direction issued by a WorkSafe inspector, under section 48 of the Occupational Safety and health Act 1984 . Improvement notices may be issued where a WorkSafe Inspector is of the opinion that any person: a. is contravening any provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 ; or b. has contravened a provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 in circumstances that make it likely that the contravention will continue or be repeated. (11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
(3) Not applicable (4) WorkSafe has responded to alleged concerns that primarily relate to occupational safety and health through the issue of notices as detailed in (2) or by way of verbal direction. WorkSafe has advised that a number of other allegations by the complainant have been raised directly with other government agencies. (5) Not applicable (6) See (2). Under the WorkSafe Enforcement Policy if a safety risk can be immediately rectified an inspector is not required to issue a notice. In this case the Inspector also gave verbal direction on a number of safety issues that were remedied before he left the work site. (7) Not applicable (8) Yes, a person who contravenes section 21(1)(b) is liable to: a. a fine of $100,000; and b. if that contravention causes the death or serious harm of any person, a fine of $200,000. (9) Not Applicable (10) An improvement notice is a written direction issued by a WorkSafe inspector, under section 48 of the Occupational Safety and health Act 1984 . Improvement notices may be issued where a WorkSafe Inspector is of the opinion that any person: a. is contravening any provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 ; or b. has contravened a provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 in circumstances that make it likely that the contravention will continue or be repeated. (11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
(4) WorkSafe has responded to alleged concerns that primarily relate to occupational safety and health through the issue of notices as detailed in (2) or by way of verbal direction. WorkSafe has advised that a number of other allegations by the complainant have been raised directly with other government agencies. (5) Not applicable (6) See (2). Under the WorkSafe Enforcement Policy if a safety risk can be immediately rectified an inspector is not required to issue a notice. In this case the Inspector also gave verbal direction on a number of safety issues that were remedied before he left the work site. (7) Not applicable (8) Yes, a person who contravenes section 21(1)(b) is liable to: a. a fine of $100,000; and b. if that contravention causes the death or serious harm of any person, a fine of $200,000. (9) Not Applicable (10) An improvement notice is a written direction issued by a WorkSafe inspector, under section 48 of the Occupational Safety and health Act 1984 . Improvement notices may be issued where a WorkSafe Inspector is of the opinion that any person: a. is contravening any provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 ; or b. has contravened a provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 in circumstances that make it likely that the contravention will continue or be repeated. (11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
(5) Not applicable (6) See (2). Under the WorkSafe Enforcement Policy if a safety risk can be immediately rectified an inspector is not required to issue a notice. In this case the Inspector also gave verbal direction on a number of safety issues that were remedied before he left the work site. (7) Not applicable (8) Yes, a person who contravenes section 21(1)(b) is liable to: a. a fine of $100,000; and b. if that contravention causes the death or serious harm of any person, a fine of $200,000. (9) Not Applicable (10) An improvement notice is a written direction issued by a WorkSafe inspector, under section 48 of the Occupational Safety and health Act 1984 . Improvement notices may be issued where a WorkSafe Inspector is of the opinion that any person: a. is contravening any provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 ; or b. has contravened a provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 in circumstances that make it likely that the contravention will continue or be repeated. (11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
(6) See (2). Under the WorkSafe Enforcement Policy if a safety risk can be immediately rectified an inspector is not required to issue a notice. In this case the Inspector also gave verbal direction on a number of safety issues that were remedied before he left the work site. (7) Not applicable (8) Yes, a person who contravenes section 21(1)(b) is liable to: a. a fine of $100,000; and b. if that contravention causes the death or serious harm of any person, a fine of $200,000. (9) Not Applicable (10) An improvement notice is a written direction issued by a WorkSafe inspector, under section 48 of the Occupational Safety and health Act 1984 . Improvement notices may be issued where a WorkSafe Inspector is of the opinion that any person: a. is contravening any provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 ; or b. has contravened a provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 in circumstances that make it likely that the contravention will continue or be repeated. (11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
(7) Not applicable (8) Yes, a person who contravenes section 21(1)(b) is liable to: a. a fine of $100,000; and b. if that contravention causes the death or serious harm of any person, a fine of $200,000. (9) Not Applicable (10) An improvement notice is a written direction issued by a WorkSafe inspector, under section 48 of the Occupational Safety and health Act 1984 . Improvement notices may be issued where a WorkSafe Inspector is of the opinion that any person: a. is contravening any provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 ; or b. has contravened a provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 in circumstances that make it likely that the contravention will continue or be repeated. (11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
(8) Yes, a person who contravenes section 21(1)(b) is liable to: a. a fine of $100,000; and b. if that contravention causes the death or serious harm of any person, a fine of $200,000. (9) Not Applicable (10) An improvement notice is a written direction issued by a WorkSafe inspector, under section 48 of the Occupational Safety and health Act 1984 . Improvement notices may be issued where a WorkSafe Inspector is of the opinion that any person: a. is contravening any provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 ; or b. has contravened a provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 in circumstances that make it likely that the contravention will continue or be repeated. (11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
(10) An improvement notice is a written direction issued by a WorkSafe inspector, under section 48 of the Occupational Safety and health Act 1984 . Improvement notices may be issued where a WorkSafe Inspector is of the opinion that any person: a. is contravening any provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 ; or b. has contravened a provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 in circumstances that make it likely that the contravention will continue or be repeated. (11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
a. is contravening any provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 ; or b. has contravened a provision of the Occupational Safety and Health Act or Occupational Safety and Health Regulations 1996 in circumstances that make it likely that the contravention will continue or be repeated. (11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
(11) Not applicable. (12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
(12) A prohibition notice is a written direction issued by a WorkSafe inspector, under section 49 of the Occupational Safety and Health Act 1984 , prohibiting the carrying on of any activity that the inspector believes involves, or will involve, a risk of imminent and serious injury to or imminent and serious harm to the health of any person. (13) Not applicable.
(13) Not applicable.

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