The Act allows for a range of enforcement tools in relation to a failure to comply with the Act, depending on the nature and seriousness of that failure. Notices issued by inspectors and, in the case of hazard notices, health and safety representatives, are some of these tools.

Hazard notices

Employers and employees should deal with health and safety matters by good faith co-operation and agreement between themselves. Ideally, if this co-operation is working well, then hazard notices shouldn't need to be issued.

If an employer is issued with a hazard notice, the employer should carefully consider and, if necessary take advice on, the hazard to which the notice relates to, to make sure that it is being managed correctly. If it is not, the employer should go through the hazard management process to eliminate, isolate or minimise the hazard, as necessary.

Improvement notices

An improvement notice informs a person that he or she has breached the Act and gives notice to comply with it. If a person gets an improvement notice, the person should comply with it within the required timeframe.

If a person believes that the improvement notice is wrong, then the person may appeal against the notice to the District Court. However, in the meantime, the person must comply with the notice.

Prohibition notices

An inspector will issue a prohibition notice in circumstances where someone is breaching the Act and that makes it likely that someone will be seriously harmed. Prohibition notices gives notice to the person to stop doing the thing that constitutes the hazard.

A person who is issued a prohibition notice must comply with it. If a person believes that a prohibition notice has been wrongly issued, the person may appeal against the notice to a District Court. However, in the meantime, the person must still comply with the notice.

Go to

• Hazard notices
• Improvement notices
• Prohibition notices
• Fact sheet: Hazard notices pdf file [size: 28KB]