Provisional Improvement Notice Form (Page 2 of 2) in pdf

Provisional Improvement Notice (PIN)

Work Health and Safety Act 2011

General Information about PINs

A health and safety representative (HSR) may issue a PIN if t hey reasonably believe, on reasonable grounds, that a provision

of the Work Health and Safety Act 2011 (WHS Act) or Regulation:



i s b ei n g co nt ra v e ne d ; o r



has been contravened in circumstances that make it likely that the contravention will continue or be re peated.

A PIN is issued to the relevant duty holder to remedy a contravention of the WHS Act or Regulation. The duty holder may

be an individual natural person or an organisation such as a company or public authority. The duty holder doesn’t necessarily have to

be in the workplace where the HSR works – for example, they could be a designer of plant, buildings and structures; or a

manufacturer or supplier of plant or substances.

A HSR can issue a PIN to the relevant duty holder by one of the methods listed in section 209 of the WHS Act. For

example:



d e l i v e r i n g i t p e r s o n a l l y t o t h e d u t y h o l d e r , o r



leaving it for the duty holder at the workplace to which the PIN relates with a person who is in management or control of

that workplace (for example, leaving it with the area manager).

I f t h e a b o v e m e t h od s of d e l i v e r y a r e n o t p os s i b l e t h e H S R c a n :



send it by post, fax or electronic transmission to the home or business address of the duty holder or leave it for the

duty holder at their home or business with a person over 16 years who lives or works there.

The HSR must consult with the duty holder about remedying the contravention prior to issuing the PIN (See section 90(3) of

the WHS Act; or refer to the WorkSafe ACT website).

A HSR cannot issue a PIN unless the HSR has completed a WorkSafe ACT approved initial HSR training course or

completed that training when acting as a HSR for another workgroup or compl eted training equivalent to H SR training

under the WHS Act.

A HSR cannot issue a PIN in relation to a matter if an inspector has already issued (or decided not to issue) an improvement notice or

prohibition notice in relation to the same matter (see section 90(5) of the WHS Act).

The duty holder to whom the PIN is issued is responsible for fixing the identified contravention by the date written in ‘Date

compliance with this PIN is required’. It is an offence under section 99 of the WHS Act for the person not to comply with the

PIN by the ‘Date compliance with the PIN is required’ – penalties apply.

If the PIN recipient wishes to dispute the PIN, they can contact WorkSafe ACT and request an inspector to review the PIN –

this must be done within seven calendar days of the ‘Date of issue’ of the PIN. The inspector will review and inquire into

the circumstances that are the subject of the PIN and can do this even after the compliance date for the PIN has expired.

An Inspector can confirm, confirm with changes or cancel the PIN. A copy of a decision from an Inspector must be given to

the applicant for the PIN review and the HSR who issued the PIN. If the PIN is confirmed (with or without changes), the

PIN is taken to be an improvement notice issued by the inspector.

For urgent issues that are an immediate threat to the health and safety of any person, a PIN may not be an app ropriate

means to address the situation. Refer to section 85 of the WHS Act regarding the right of a HSR to order the cessation of

unsafe work.

10.

If there is more than one contravention, a separate PIN for each contravention should be written.

11.

If the PIN contains formal irregularities, defects or fails to use the correct name of the person to whom the PIN is issued,

the PIN may still be valid. The PIN will not be valid, however, if the formal irregularity or defect causes or is likely to

cause substantial injustice to the PIN recipient or if the PIN fails to sufficiently identify the PIN recipient (see section

98 of the WHS Act.)

12.

A reasonable time should be allowed between the ‘Date of issue’ and the ‘Date compliance with PIN required’, to enable

compliance to be achieved. However, the date for compliance must be at least eight days after the date of issue.

13.

HSRs should retain a copy of the completed PIN for their records. If the HSR is a union member, the HSR can send a copy to

their union.

14.

If the issue has not been remedied by the ‘Date compliance with PIN required’ and a WorkSafe ACT inspector has not

already attended, WorkSafe ACT should be contacted. If the HSR is a union member, the HSR can also advise their union.

15.

The PIN recipient must as soon as practicable, display a copy of the PIN in a prominent place at or near the workplace, or

part of the workplace that is affected by the PIN.

16.

A person may not intentionally remove, destroy, damage or deface a PIN that is displayed during the period the PIN is

in force.

17.

A failure to do any of the things referred to in points 15 and 16 is a contravention of the WHS Act and penalties apply.

18.

If the person to whom the Pin is issued disagrees with the PIN, or believes they will have difficulty complying with it, they

should discuss this with the HSR who issued the PIN. They may also request a WorkSafe ACT inspector to attend (see point

8 above).

For queries about PINs or other health and safety matters, contact WorkSafe ACT on (02) 6207 3000

or email

worksafe@act.gov.au

Provisional Improvement Notice Form Page 2

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