Section 105 — Health and Safety at Work Act 2015: Power to issue prohibition notice

105 Power to issue prohibition notice (1) This section applies if,— (a) an inspector reasonably believes that— (i) an activity is occurring at a workplace that involves or will involve a serious risk to the health or safety of a person arising from an immediate or imminent exposure to a hazard; or (ii) an activity may occur at a workplace that, if it occurs, will involve a serious risk to the health or safety of a person arising from an immediate or imminent exposure to a hazard; or (b) in respect of any workplace, plant, or substance, or work that is required to be authorised under subpart 2 of Part 5 or a mining operation (as defined in clause 2 of Schedule 3), an inspector— (i) believes that there is a serious risk to the health and safety of any person because of a failure to comply with this Act or regulations; or (ii) believes on reasonable grounds that it is likely that a person will fail to comply with this Act or regulations, and that failure would be likely to cause a serious risk to the health and safety of any person. (2) The inspector may give a person who has control over the matter or activity a direction prohibiting the carrying on of the matter or activity, or the carrying on of the matter or activity in a specified way, until an inspector is satisfied that the matter or activity that gives or will give rise to the risk has been remedied. (3) The direction may be given orally, but must be confirmed by written notice (a prohibition notice ) issued to the person as soon as practicable. Compare: 1992 No 96 s 41(1) ; Model Work Health and Safety Act (Aust) s 195