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Health and Safety at Work Act 2015

Worker engagement, participation, and representation - Provisional improvement notices

79: Review of provisional improvement notice

You could also call this:

“How to ask for a review of a workplace safety notice”

If someone receives a provisional improvement notice, they can ask the regulator to have an inspector review it. You have 7 days after you get the notice to make this request. The person who can ask for a review is either the person who got the notice or, if that person is a worker, the business they work for. When you ask for a review, the notice is put on hold. This means you don’t have to follow it until the inspector decides what to do. The inspector will look at the notice and make a decision about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977010.

Topics:
Work and jobs > Workplace safety
Work and jobs > Worker rights
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“Penalties for not following a temporary safety improvement order”

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“Inspector must review notice when someone asks”

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

79Review of provisional improvement notice

  1. A person specified in subsection (2) may, within 7 days after a provisional improvement notice is issued to the person, ask the regulator to appoint an inspector to review the notice.

  2. The persons are—

  3. the person to whom the notice was issued; and
    1. if the person is a worker, the PCBU at the workplace at which the worker carries out work.

      1. If a request is made under subsection (1), the provisional improvement notice is stayed until the inspector makes a decision on the review.

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