Document ID: chunk:federal_register_of_legislation:C2015C00248:section:58
Version: federal_register_of_legislation:C2015C00248
Segment Type: section
Provision Reference: s 58
Character Range: 64291–66002

58  Issuing of provisional improvement notice
 (1) If the health and safety representative for a designated work group thinks agreement under subsection 57(2) is not reached within a reasonable time, the health and safety representative may issue a provisional improvement notice to the person in command.
 (2) The notice must:
 (a) specify the contravention of this Act or the regulations that the health and safety representative thinks is occurring or is likely to occur; and
 (b) set out the reasons why the health and safety representative thinks the contravention of this Act or the regulations is occurring or is likely to occur; and
 (c) specify a period of not less than 7 days beginning on the day after the notice is issued, being a period that the representative thinks is reasonable, within which the person in command is to take action necessary to prevent any further contravention or to prevent the likely contravention, as the case may be.
 (3) The notice may specify action that the person in command is to take during the period specified in the notice.
 (4) If the health and safety representative thinks it is appropriate to do so, the representative may, in writing and before the end of the period, extend the period specified in the notice.
 (5) If the person in command receives a notice under subsection (1), the person in command must give a copy of the notice to:
 (a) if the notice relates to any workplace, plant, substance or thing that is owned by a person other than the operator—that owner; and
 (b) if the notice relates to a contravention of this Act or the regulations by a contractor or an employee of a contractor that has occurred or is likely to occur—that contractor.