MP06 Non-Compliance with Health and Safety Requirements


It is an obligation of an employer and principal contractor to ensure employees and subcontractors do not contravene or fail to comply with health and safety requirements. To effectively fulfill this duty, Silverback must control health and safety compliance levels by developing a discipline policy that can be enforced where employees and/or subcontractors fail to adopt and/or maintain the necessary health and safety standards required.

All Silverback personnel must comply with safety directions, orders or instructions made by and endorsed by Silverback managers and supervisors. Failure to completely follow instructions may result in the immediate removal and/or dismissal of such personnel from the workplace or project site. Any actions other than total compliance with the health and safety management program will not be tolerated.

This procedure applies to all Silverback operations.


The way that Silverback handles non-compliance with health and safety issues will directly relate to the nature of the non-compliance and specifically the related health and safety risk. Consequently, some breaches of health and safety requirements may result in far more serious consequences than others. However, the general steps to be followed for non-compliance are as follows and in accordance with contractual requirements.

  1. A verbal direction identifying the issue of non-compliance and method of how to comply is to be issued and recorded.
  2. Failure to comply with the verbal direction is to result in:
    1. written notification via a Safety Instruction on the Hazard/Non-Compliance (HNC) Report, refer to Appendix 5, which includes notification of Step 3 below,
    2. an explanation of how compliance can be achieved, and
    3. an instruction to stop work where a notifiable injury or incident could occur.
  3. Failure to comply with the written direction will result in a Health and Safety Breach being given via the Hazard/Non Compliance (HNC) Report, and meeting to discuss why access approval to the site should not be revoked. Silverback managers and the noncomplying person(s)/parties must both attend these meetings.
  4. Step 3 and the subsequent meeting may result in:
    1. agreement between the involved parties of a change to work practice or modified method to complete the task,
    2. prevention of the non-complying person(s)/parties from continuing to carry out work of this nature as per contractual agreements.


QLD Workplace Health and Safety Act 1995, Section 28-31

Hazard/Non Compliance (HNC) Report, located on company website


(Items 1-2) – Construction Supervisor &/or WH&S Officer

(Items 3-4) – Managers &/or Supervisors


  • Completed Hazard/Non Compliance (HNC) Reports are to be maintained on file at head office
  • Minutes of any non-compliance meetings are to be maintained on file at head office

Was this article helpful?

Related Articles