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.