Section Sch3-9 — Health and Safety at Work Act 2015: Power of health and safety representative to require mining operation to stop in case of serious risk to health and safety

9 Power of health and safety representative to require mining operation to stop in case of serious risk to health and safety (1) This clause applies if a health and safety representative believes on reasonable grounds that a serious risk to any person’s health and safety arising from an immediate or imminent exposure to a hazard is likely to be caused by the whole, or a part or an aspect, of a mining operation. (2) The health and safety representative may— (a) stop the whole, or a part or an aspect, of the mining operation and immediately advise the person in charge of the operation or part or aspect of the operation; or (b) require the person in charge of the operation or part or aspect of the operation to stop the operation. (3) If a health and safety representative requires a person to stop the whole, or a part or an aspect, of a mining operation, that person must do so. (4) The health and safety representative must, as soon as practicable after exercising the power under subclause (2), advise the site senior executive of the action taken under that subclause and the reasons for the action taken. (5) If a health and safety representative has advised the site senior executive of action taken under subclause (2), the site senior executive must notify the regulator of that fact. (6) A person who contravenes— (a) subclause (3) commits an offence and is liable on conviction,— (i) for an individual who is not a mine operator or site senior executive, to a fine not exceeding $10,000: (ii) for an individual who is a mine operator or a site senior executive, to a fine not exceeding $50,000: (iii) for any other person, to a fine not exceeding $250,000: (b) subclause (5) commits an offence and is liable on conviction to a fine not exceeding $2,000. Compare: 1992 No 96 s 19ZH