Section 65Part 8 — Health, Safety and Welfare at Work
Remedial notices
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65. (1) For the purposes of the enforcement of this Part, the Director may, where that Director is of the opinion that any steps are required to be taken by any person to ensure compliance with this Part or of any regulations made hereunder, serve upon that person a notice, hereafter referred to as a remedial notice.
A remedial notice shall state the requirement of this Part to which it relates, the steps to be taken and the time within which such steps must be taken.
Any person served with a remedial notice may appeal against the issue of such notice to the Appeals Tribunal under section 78. Subject to subsection (4), any such appeal shall operate as a stay of the requirements of the notice pending the determination of the appeal. Where the notice is upheld the Appeals Tribunal shall fix such further time for compliance with the notice as may seem to it appropriate.
Notwithstanding section 78(3), where the Director, after consultation with the Chief Environmental Health Officer, is of the opinion that there exists an imminent danger to the health or safety of employees that Director may state that opinion in the remedial notice, in which case the operation of such notice shall not be automatically stayed by reason of any appeal, but any person proposing to appeal against the issue of such notice may apply forthwith to the Grand Court for a stay of the effect of the notice pending the hearing of the appeal, and the Grand Court may grant such a stay upon such terms as may to it seem just, including the requirement that any works be carried out or that any appeal be brought with specified time limits.
Without prejudice to the generality of subsection (1), a remedial notice may require —
the cessation, immediate or otherwise, of any activity, operation or process;
the vacation, immediately or otherwise, of any premises;
the alteration of any premises or plant; or
the introduction of such temporary measures as may be expedient pending the institution or completion of permanent measures.
The Director shall not serve a remedial notice that requires the closure of a workplace unless that Director has first obtained the consent in writing of the Minister. Section 66 Labour Act (2021 Revision) Page 38 Revised as at 31st December, 2020 c