Section Sch3-8 — Health and Safety at Work Act 2015: Power of health and safety representative to give notice requiring suspension of mining operation

8 Power of health and safety representative to give notice requiring suspension of mining operation (1) This clause applies if a health and safety representative— (a) believes on reasonable grounds that the whole, or a part or an aspect, of a mining operation is likely to cause a serious risk to the health and safety of a person; and (b) has discussed or attempted to discuss the matter likely to involve a serious risk to the health and safety of a person with the site senior executive. (2) The health and safety representative may give a written notice to the site senior executive ordering the suspension of the whole, or a part or an aspect, of the mining operation. (3) The notice must set out the reasons for the health and safety representative’s belief. (4) If the site senior executive receives a notice under subclause (2), the site senior executive must stop the mining operation, or the part or aspect of the mining operation, specified in the notice. (5) If a notice ordering the suspension of the whole, or a part or an aspect, of the mining operation has been given by a health and safety representative, the site senior executive must notify the regulator of that fact. (6) A person who contravenes— (a) subclause (4) commits an offence and is liable on conviction to a fine not exceeding $50,000: (b) subclause (5) commits an offence and is liable on conviction to a fine not exceeding $2,000. Compare: 1992 No 96 s 19ZG