(1) This section applies if an inspector believes on reasonable grounds that a provision of this Act has been, is being or may be contravened in relation to a workplace.
Note A reference to an Act includes a reference to statutory instruments made or in force under the Act, including regulations and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(2) The inspector may ask a responsible person for the workplace, other than a worker at the workplace, to enter into an agreement (a compliance agreement ) in relation to the contravention.
(3) If the responsible person agrees to enter into a compliance agreement, the agreement must—
(a) state that it is a compliance agreement under this Act; and
(b) state the contravention of this Act in relation to which the agreement is entered into; and
(c) state the period for which the agreement is to operate; and
(d) state the measures to be taken by the responsible person or anyone else to ensure this Act is complied with and the times within which the measures must be taken; and
(e) be signed by the inspector and the responsible person.
Examples—measures
1 only direct people to work in confined place if they have appropriate safety training
2 fit scaffolding with handrails and kickboards before using the scaffolding
3 repair or replace particular plant
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) The compliance agreement may include anything else the inspector and the relevant responsible person consider appropriate.
(5) The inspector must give a copy of the compliance agreement to the relevant responsible person.