s.68Notices to remedy
68
Section 68Part 9 — HEALTH, SAFETY AND WELFARE

Notices to remedy

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Subject to subsection (9), where the Director is of the opinion that an employer is in breach of this Part or of any regulations made hereunder, he may serve upon that undertaking a notice to remedy.
A notice to remedy shall state the provision of this Part which has been breached, the action to be taken to address the breach and the time-frame within which remedial action must be taken.
The right of appeal prescribed in section 80 (1) (b) applies to a person served with a notice to remedy.
Except as provided in subsection (6), section 81 (2) applies in relation to the effect of an appeal.
Where a notice to remedy is upheld in whole or in part, the summary court shall make such order at it thinks fit including, but not limited to, fixing a further time for compliance with the notice or such part of it as still stands.
Where the Director, after consultation with the Chief Environmental Health Officer, which fact shall be stated in the notice, is of the opinion that there is imminent danger to the health or safety of employees, the notice shall not automatically be stayed (as stated in section 81 (2)) by the filing of an appeal, but the summary court, once seised of the matter, may make such interim order as it thinks fit.
Any person intending to appeal against the issuance of a notice under subsection (6) may within fourteen days of the issuance of the notice apply to the summary court for a stay of the effect of that notice, pending hearing of the appeal, and the summary court may grant such a stay upon any terms as it sees fit, including the requirement that any appeal be brought within a specified time.
Without limiting the general power conferred in subsection (1), a notice to remedy may require —
the immediate or later cessation of any activity, operation or process;
the immediate or later vacation of any premises;
the alteration of any plant or premises; or
the introduction of such temporary measures as may be necessary or expedient pending the institution or completion of permanent measures.
The Director shall not serve a notice to remedy that requires closure of a workplace unless he has first obtained the consent in writing of the Minister.

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