HAZARD DEFAULT NOTICE

In reply to Mr WILLIAMS (MacKillop) (27 September 2007).

The Hon. J.D. LOMAX-SMITH (Adelaide—Minister for Education and Children's Services, Minister for Tourism, Minister for the City of Adelaide): A default notice can be issued under the provisions of the Occupational Health, Safety and Welfare Act 1986 by a teacher, only if they are an elected health and safety representative. It must be issued in accordance with section 35 of the act, where consultation with management has to occur first in relation to the matter.

A default notice is not generally issued against a person but could identify behaviours that risk the safety of others.

The process in DECS for resolving safety hazards, where the issue is unlikely to result in immediate and significant danger, includes:

the employee using the site's hazard reporting system with appropriate action to resolve the issue

the manager consulting with employees, elected representatives, Health & Safety Committee, and the department (if relevant)

the health and safety representative issuing a written notification of hazard stating the concern and timeframe to address the issue

further consultation between the health and safety representative and management to resolve the issue through conciliation or mediation

the health and safety representative issuing a default notice if the matter is unresolved

management challenging the notice or resolving the issue within the timeframe specified (may make use of external mediators)

involving a SafeWork SA inspector to resolve the challenge or to resolve the issue if action is not undertaken to the satisfaction of the health and safety representative

the SafeWork SA inspector acting to resolve any occupational health, safety or welfare matter that remains unresolved and may issue an Improvement Notice or a Prohibition Notice

the default notice may lapse when the issue is resolved or the issue no longer poses a risk to safety.