43Issue of provisional improvement notices

#### 43 Issue of provisional improvement notices 43 Issue of provisional improvement notices > > (1) A health and safety representative under the WHS Act for a work group that comprises workers at a coal mine cannot issue a provisional improvement notice in relation to the coal mine while there is— > > > > > (a) a site safety and health representative for the coal mine, or > > > > > (b) an electrical safety and health representative for the coal mine, but only if— > > > > > > > (i) there is no site safety and health representative for the coal mine, and > > > > > > > (ii) the provisional improvement notice relates only to electrical installations and electrical equipment and any issues and risks arising from their use. > > > (2) A mine safety and health representative for a coal mine, in the exercise of the functions of a health and safety representative under the WHS Act, cannot issue a provisional improvement notice in relation to a matter if— > > > > > (a) the regulator has already issued (or decided not to issue) a stop work order in relation to the same matter, or > > > > > (b) an industry safety and health representative has already issued (or decided not to issue) a provisional improvement notice in relation to the same matter. > > > > Note— > > > > Section 90 (5) of the WHS Act prevents a mine safety and health representative from issuing a provisional improvement notice if a government official has already issued (or decided not to issue) an improvement notice or prohibition notice in relation to the same matter. > > > (3) A mine safety and health representative for a coal mine must, before issuing a provisional improvement notice, take reasonable steps to consult with a health and safety representative under the WHS Act for a work group that comprises workers at the coal mine but only if workers in that work group will be affected by the notice. > > > (4) A failure to consult under subsection (3) does not affect the validity of the provisional improvement notice. > > > (5) A mine safety and health representative for a coal mine cannot issue a provisional improvement notice unless the person has completed the course of training required by section 45. > > > (6) A mine safety and health representative must, as soon as practicable after issuing a provisional improvement notice and before the time (if any) prescribed by the regulations, give a copy of the notice to the regulator.