Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_39:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 39 (pt 1/2)
Character Range: 2255495–2258099

39  Provisional OHS improvement notices—effect

Request for OHS inspection
 (1) Within 7 days after a notice is issued under clause 38:
 (a) the responsible person; or
 (b) any other person to whom a copy of the notice has been given under subclause 38(8);
may make a request to NOPSEMA or to a NOPSEMA inspector that an OHS inspection of the matter be conducted.
 (2) Upon the request being made, the operation of the notice is suspended pending the determination of the matter by a NOPSEMA inspector.

OHS inspection
 (3) As soon as possible after a request is made, an OHS inspection must be conducted of the work that is the subject of the disagreement, and the NOPSEMA inspector conducting the inspection must:
 (a) confirm, vary or cancel the notice and notify the responsible person, and any person to whom a copy of the notice has been given under subclause 38(8), accordingly; and
 (b) make such decisions, and exercise such powers, under Part 4 of this Schedule, as the NOPSEMA inspector considers necessary in relation to the work.

Variation of notice
 (4) If the NOPSEMA inspector varies a notice, the notice as so varied has effect:
 (a) so far as the notice concerns obligations imposed on the responsible person that are unaffected by the variation—as if the notice as so varied resumed effect on the day of the variation; and
 (b) so far as the notice concerns new obligations imposed by virtue of the variation—as if the notice as so varied were a new notice issued on the day of the variation.

Notification etc.
 (5) If the notice is issued to a responsible person, the responsible person must:
 (a) notify each group member who is affected by the notice of the fact of the issue of the notice; and
 (b) until the notice ceases to have effect, cause a copy of the notice to be displayed at or near each workplace at which the work that is the subject of the notice is being performed.

When the notice ceases to have effect
 (6) The notice ceases to have effect if:
 (a) it is cancelled by a NOPSEMA inspector or by the health and safety representative; or
 (b) the responsible person:
 (i) takes such action (if any) as is specified in the notice; or
 (ii) if no action is so specified—takes the action necessary to prevent the further contravention, or likely contravention, concerned.

Compliance with notice
 (7) The responsible person:
 (a) must ensure that, to the extent that the notice relates to any matter over which the person has control, the notice is complied with; and
 (b) must take reasonable steps to inform the health and safety representative who issued the notice