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Health and Safety at Work Act 2015

Worker engagement, participation, and representation - Provisional improvement notices

81: Decision of inspector on review of provisional improvement notice

You could also call this:

“Inspector reviews and decides on a provisional improvement notice”

When an inspector reviews a provisional improvement notice, they must make a decision. They can do one of three things: confirm the notice as it is, confirm it but make some changes, or cancel it completely.

After making their decision, the inspector needs to give a copy of it to two people. First, they must give it to the person who asked for the review. Second, they must give it to the health and safety representative who originally issued the notice. The inspector must follow the rules in section 116 when giving out these copies.

If the inspector confirms the provisional improvement notice, either as it is or with changes, it becomes just as important as an improvement notice that the inspector themselves would issue under the law. This means you need to treat it seriously and follow what it says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977012.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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Part 3 Worker engagement, participation, and representation
Provisional improvement notices

81Decision of inspector on review of provisional improvement notice

  1. After reviewing the provisional improvement notice, the inspector must—

  2. confirm the provisional improvement notice; or
    1. confirm the provisional improvement notice with changes; or
      1. cancel the provisional improvement notice.

        1. The inspector must give a copy of his or her decision in accordance with section 116 to—

        2. the applicant for the review of the provisional improvement notice; and
          1. the health and safety representative who issued the notice.

            1. A provisional improvement notice that is confirmed (with or without changes) by an inspector must be treated as an improvement notice issued by the inspector under this Act.

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