Health and Safety at Work Act 2015

Worker engagement, participation, and representation - Provisional improvement notices

71: Requirements relating to provisional improvement notices

You could also call this:

“Rules for health and safety reps when giving out notices about possible rule-breaking”

You need to know about provisional improvement notices. These are written notices that a health and safety representative can give out. The notice must say that the representative thinks someone is breaking, or might break, a rule in the Health and Safety at Work Act or its rules. It has to name the specific rule they think is being broken. The notice also needs to briefly explain how the rule is being broken or might be broken. Lastly, it must give a date by which the person needs to fix the problem. This date must be at least 8 days after the notice is given out. All of this information has to be written down clearly in the notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977002.

Topics:
Work and jobs > Workplace safety
Work and jobs > Worker rights

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70: Training requirements relating to issue of provisional improvement notice, or

“Training needed before health and safety reps can issue improvement notices”


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72: Provisional improvement notice may include recommendations to remedy contravention, or

“Notices can include advice on how to fix workplace safety issues”

Part 3 Worker engagement, participation, and representation
Provisional improvement notices

71Requirements relating to provisional improvement notices

  1. A provisional improvement notice must be in writing.

  2. A provisional improvement notice must state—

  3. that the health and safety representative believes the person is contravening, or is likely to contravene, a provision of this Act or regulations (as the case may be); and
    1. the provision the representative believes is being, or is likely to be, contravened; and
      1. briefly, how the provision is being, or is likely to be, contravened; and
        1. the day, at least 8 days after the notice is issued, by which the person is required to remedy the contravention or likely contravention.
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