Prohibition notice

A prohibition notice requires immediate action.

It may be issued if the inspector reasonably believes that an activity is occurring (or may occur) at a workplace that involves (or will involve) a serious risk to people’s health or safety from an immediate or imminent exposure to a hazard.

An inspector can give a direction to prohibit the carrying on of the activity or the carrying on of the activity in a stated way, until they are satisfied that the risks have been remedied.

This direction may initially be given verbally, but will be confirmed with a written notice.

The prohibition notice will state:

  • the basis for the inspector’s belief that grounds for issuing the notice exist
  • the activity that involves (or will involve) the risk, and the matters that give (or will give) rise to the risk
  • the relevant sections of the legislation contravened
  • directions on how the risk, activities or matters can be remedied.

The inspector will follow up the prohibition notice and its directives within 28 days of issuing it. This ensures the activity that involves the risk and the matters that give (or will give) rise to the risk are have ceased or have at least been controlled.