Non-disturbance provisions apply where a serious incident occurs.
Under section 87 of the OHS Act 2000, the occupier of a place of work must take measures to ensure that:
- plant at that place is not used, moved or interfered with after it has been involved in a non-disturbance occurrence
- the area at that place that is within four metres (or, if the regulations prescribe some other distance, that other distance) of the location of a non-disturbance occurrence is not disturbed.
This does not prevent any action:
- to help or remove a trapped or injured person or to remove a body
- to avoid injury to a person or damage to property
- for the purposes of any police investigation
- in accordance with a direction or permission of an inspector
- in such other circumstances as may be prescribed by the regulations.
The requirements of this section in relation to any particular incident apply only for the period ending 36 hours after notification of the incident, in accordance with section 86 of the OHS Act 2000. After the end of that period, non-disturbance requirements may apply by virtue of an Investigation Notice.
For more information, see: