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Chapter:

509 PDFTitle:OCCUPATIONAL SAFETY AND HEALTH ORDINANCEGazette Number:
Section:10Heading:Commissioner may serve suspension notice on employer or occupierVersion Date:30/06/1997

(1) The Commissioner may serve a suspension notice on an employer who is responsible for, or on an occupier of, premises where a workplace is located, if of the opinion that because of-

        (a) an activity undertaken on the premises; or
        (b) the condition or use of the premises or of any plant or substance located on the premises,
there is an imminent risk of death or serious bodily injury.
(2) A suspension notice must-
        (a) be in writing; and
        (b) identify the employer or occupier concerned; and
        (c) specify the matters that, in the Commissioner's opinion, create, or are likely to create, a risk of death or serious bodily injury; and
        (d) direct the activity not to be undertaken, or the premises, plant or substance not to be used, while the notice remains in force.
(3) A suspension notice takes effect on the date on which it is served, or on such later date as is specified in the notice, and, except when its operation is suspended, remains in force until it is revoked.
(4) Where a suspension notice is in force in relation to an activity, premises, plant or a substance, the Commissioner must, by notice in writing served on the employer or occupier concerned, revoke the suspension notice on being satisfied that-
        (a) the undertaking of the activity on the premises; or
        (b) the condition or use of the premises, or of any plant or substance located on the premises,
no longer creates, and is no longer likely to create, an imminent risk of death or serious bodily injury.
(5) The Commissioner may, by notice in writing served on the employer or occupier concerned, amend a suspension notice or suspend its operation.
(6) An employer or occupier who, without reasonable excuse, contravenes a suspension notice commits an offence and is liable on conviction-
        (a) to a fine of $500000 and to imprisonment for 12 months; and
        (b) to a further fine of $50000 for each day or part of a day during which the offender knowingly and intentionally continues the contravention.