Commonwealth Numbered Regulations

1991 No. 266 OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) REGULATIONS - SCHEDULE 1

                                 SCHEDULE  1              Regulation 30

FORM
Occupational Health and Safety (Commonwealth Employment) Act 1991
PROVISIONAL IMPROVEMENT NOTICE To: (the responsible person within the meaning
of subsection 29 (2) of the Act) I, (name of the health and safety
representative issuing the notice), appointed as the health and safety
representative under section 25 of the
Occupational Health and Safety (Commonwealth Employment) Act 1991 for
(description of the designated work group), after consultation in accordance
with subsection 29 (1) of the Act, believe that the following provision, or
provisions, of the Act or Regulations is, or are, being contravened or is, or
are, likely to continue to be contravened: The contravention is (a brief
description) The contravention is occurring at The reasons for my opinion are
as follows: In accordance with paragraph 29 (4) (b) of the Act, action
necessary to prevent the contravention, or the likely contravention, of the
provision or provisions referred to above must be taken before (the date of a
day that is:

   (a)  not less than 7 days after the day when the notice is issued; and

   (b)  reasonable in the opinion of the health and safety representative). In
        accordance with paragraph 29 (5) of the Act, the following action
        should be taken: Dated

   (signature)
Health and safety representative NOTES:
1. Under subsection 29 (8) of the Act, a person to whom a provisional
improvement notice is given may, within 7 days, request the Commission or an
investigator to conduct an investigation into the subject matter of the
notice. Subsection 29 (12) of the Act requires an employer to whom a
provisional improvement notice is given: to notify each employee working for
the employer of the fact that the notice has been issued, and to display a
copy of the notice at or near each workplace at which work that is the subject
of the notice is being performed.
2. Under subsection 29 (13) of the Act, a provisional improvement notice
ceases to have effect when: it is cancelled by the health and safety
representative or an investigator, and the responsible person takes the action
specified in the notice, or if no action is specified, takes the action that
is necessary to prevent the contravention, or likely contravention, with which
the notice is concerned.
3. Subsection 29 (14) of the Act requires the responsible person: to ensure,
as far as possible, that a provisional improvement notice is complied with,
and to inform the health and safety representative who issued the notice of
the action taken to comply with the notice.
4. Under section 48 of the Act, if an investigator has confirmed or varied a
provisional improvement notice: an employer affected by the investigator's
decision, or the health and safety representative or involved union for a
designated work group whose employees are affected by the decision, or the
owner of any plant substances or thing to which that decision relates, the
person to whom the notice was issued, if there is no designated work group-an
involved union in relation to the affected employee, may request the
Australian Industrial Relations Commission in writing to review the
investigator's decision.