Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:6:p16
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 6 (pt 16/21)
Character Range: 135327–137989

Schedule 3 to the Act for (description of the designated work group), after consultation in accordance with subclause 38(1) of Schedule 3 to the Act, believe that the following provision, or provisions, of the Act or Regulations is, or are, being contravened or is, or are, likely to continue to be contravened:
 .

The contravention is (a brief description)

 .

The contravention is occurring at (location)

 .

The reasons for my opinion are as follows:

 .
In accordance with paragraph 38(5)(b) of Schedule 3 to the Act, action necessary to prevent the contravention, or the likely contravention, of the provision or provisions referred to above must be taken before (the date of a day that is:
 (a) not less than 7 days after the day when the notice is issued; and
 (b) reasonable in the opinion of the health and safety representative).

In accordance with subclause 38(6) of Schedule 3 to the Act, I specify the following action to be taken:              .

Dated
(signature)
Health and safety representative

NOTES:
1.   Under subclause 39(1) of Schedule 3 to the Act, a person to whom a provisional improvement notice is given may, within 7 days, request NOPSEMA or an OHS inspector to conduct an investigation into the subject matter of the notice.
2.   Subclause 39(5) of Schedule 3 to the Act requires a responsible person to whom a provisional improvement notice is given:
    to notify each group member affected by the notice of the fact that the notice has been issued; and
    to display a copy of the notice at or near each workplace at which work that is the subject of the notice is being performed.
3.   Under subclause 39(6) of Schedule 3 to the Act, a provisional improvement notice ceases to have effect when:
    it is cancelled by the health and safety representative or an OHS inspector; and
    the responsible person takes the action specified in the notice, or if no action is specified, takes the action that is necessary to prevent the contravention, or likely contravention, with which the notice is concerned.
4.   Subclause 37(7) of Schedule 3 to the Act requires the responsible person:
    to ensure, as far as possible, that a provisional improvement notice is complied with; and
    to inform the health and safety representative who issued the notice of the action taken to comply with the notice.
5.   Under clause 81 of Schedule 3 to the Act, if an OHS inspector has confirmed or varied a provisional improvement notice:
    the operator of the facility or an employer affected by the decision; or
    the health and safety representative for a designated work group that includes a group member affected