Section Sch1-17 — Health and Safety at Work Act 2015: Transitional provision relating to site health and safety representatives

17 Transitional provision relating to site health and safety representatives (1) This section applies to a person who, immediately before the commencement of this clause, was elected as a site health and safety representative in accordance with a worker participation system established under section 19R of the Health and Safety in Employment Act 1992 or with regulations made under that Act. (2) The person continues in that role on and after that commencement and must be treated as if the person had been elected as a health and safety representative in accordance with subpart 2 of Part 3 of this Act. (3) Part 3 of this Act applies, with any necessary modifications, to a person who continues in his or her role under subclause (1) as if, in relation to the representative,— (a) references to a PCBU (except in section 84 ) were references to a mine operator; and (b) references to a PCBU in section 84 were references to a site senior executive; and (c) references to a work group or members of a work group were references to the group of mine workers described in the worker participation system or, if none, to the mine workers in a mining operation; and (d) references to a business or undertaking were references to a mining operation. (4) In addition, the person may exercise the specific powers of a health and safety representative in the mining sector specified in clauses 8 and 9 of Schedule 3. (5) Subclauses (3) and (4) are to avoid doubt. (6) However, a person to whom this clause applies may not exercise a power conferred by a provision referred to in subclause (7) unless he or she has completed the prescribed training requirements relating to the exercise of the power. (7) The provisions are— (a) section 69 (which relates to the power to issue a provisional improvement notice): (b) section 84 (which relates to the power to direct unsafe work to cease): (c) clauses 8 and 9 of Schedule 3 (which relates to the power to give notice requiring suspension of a mining operation and the power to require a mining operation to stop in case of serious risk to health and safety).