Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 90

90 .         Provisional improvement notices

        (1)         This section applies if a health and safety representative reasonably believes that a person —

            (a)         is contravening a provision of this Act; or

            (b)         has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated.

        (2)         The health and safety representative may issue a provisional improvement notice requiring the person to —

            (a)         remedy the contravention; or

            (b)         prevent a likely contravention from occurring; or

            (c)         remedy the things or operations causing the contravention or likely contravention.

        (3)         However, the health and safety representative must not issue a provisional improvement notice to a person unless the representative has first consulted the person.

        (4)         A health and safety representative cannot issue a provisional improvement notice unless the representative has —

            (a)         completed initial training prescribed by the regulations referred to in section 72(1)(b); or

            (b)         previously completed that training when acting as a health and safety representative for another work group; or

            (c)         completed training equivalent to that training under a corresponding WHS law.

        (5)         A health and safety representative cannot issue a provisional improvement notice in relation to a matter if an inspector has already issued (or decided not to issue) an improvement notice or prohibition notice in relation to the same matter.