Department of Labour logo for printing

Law/Legislation

Prohibition notices

Sometimes an inspector will find a workplace situation so dangerous that it just has to be stopped.

To do that the inspector can issue a prohibition notice. The inspector has to feel that unless the matter is stopped serious harm is likely to occur to somebody.

The notice requires the employer or recipient to immediately stop the activity, machine, process etc.

The inspector has to set out:

  • What hazard is involved
  • Why the Inspector thinks that serious harm will eventuate.

Unless the employer or other recipient clearly disagrees with the inspector they should stop the activity etc and fix the problem. If they disagree, they can appeal to the District Court within 14 days. Even if they do this they must comply in the meantime with the notice and not continue the activity.

The Court will decide whether or not the prohibition notice is unreasonable in the circumstances.