90Provisional improvement notices

90 Provisional improvement notices (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 regulation referred to in section 72 (1) (b) (Obligation to train health and safety representatives) or section 72A (2) (b) (Obligation to train health and safety representatives—major construction project); 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 (5) A health and safety representative cannot issue a provisional improvement notice in relation to a matter if an inspector has already issued (or decided not to issue) an improvement notice or prohibition notice in relation to the same matter.