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Section : 90 Provisional improvement notices
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (1) This section applies if a health and safety representative reasonably believes that a person:
- (a) is contravening a provision of this Act; or
- (b) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated.
- (2) The health and safety representative may issue a provisional improvement notice requiring the person to:
- (a) remedy the contravention; or
- (b) prevent a likely contravention from occurring; or
- (c) remedy the things or operations causing the contravention or likely contravention.
- (3) However, the health and safety representative must not issue a provisional improvement notice to a person unless he or she has first consulted the person.
- (4) A health and safety representative cannot issue a provisional improvement notice unless the representative has:
- (a) completed initial training prescribed by the regulations referred to in section 72(1)(b); or
- (b) previously completed that training when acting as a health and safety representative for another work group; or
- (c) completed training equivalent to that training under a corresponding WHS law.