PIN notices

A provisional improvement notice (PIN) is a written direction a trained health and safety representative can issue to the relevant person, requiring them to address a work health and safety issue affecting the work group they represent.

An HSR may issue a PIN if they reasonably believe:

• there is a contravention of the WSH Act 2020 or WHS Regulations 2022 occurring, or
• a contravention of the WHS legislation has occurred and the HSR believes it will continue or be repeated.

Consultation

The first step that must be undertaken by the HSR is to consult with the person to try and resolve the problem. It may also be appropriate for the HSR to take the matter to the health and safety committee (if established) where the issue may affect multiple areas of the workplace.

WorkSafe will consider that consultation with the relevant person (duty holder) occurred, before the issue of a PIN, if the HSR has:

• provided information, either verbally or in writing, about the WHS issue and discussed ways to remedy the contravention.
• taken into account the view of the relevant person about the WHS issue.
• given them reasonable time to fix the WHS issue or resolve the matters or activities.

Consultation can still be said to have occurred even if:

• the relevant person does not respond in a reasonable time or at all.
• there is no agreement on the WHS issue or how to fix it.

The time period for consultation or degree of consultation required will depend on the circumstances and must be reasonable for the relevant circumstances. While the HSR does not have to consult with the affected workers or other HSRs if there are any before they issue a PIN, consulting will help them to better represent the workers in their work group.

Issuing a PIN

The HSR can only issue a PIN if they have completed an approved HSR training course accredited by the Work Health and Safety Commission. HSRs who completed the PINs training under the Occupational Safety and Health Act 1984 also meet this requirement.

It will not always be possible for the HSR who was elected for a particular work group to be present and available to represent their work group. In the HSR’s absence, a deputy HSR effectively becomes the HSR and has the powers of that role, including the power to issue a PIN.

Before an HSR issues a PIN, the HSR needs sufficient evidence to form a ‘reasonable belief’ of the contravention.

The PIN must be issued to the duty holder who is best able to fix the WHS issue. Depending on who is contravening the WHS legislation, this could be the person conducting a business or undertaking, a host employer, labour hire company, officer, worker or person with management or control of the workplace. If the PIN is issued to a worker, the worker should give their PCBU a copy.

The HSR can issue the PIN by:

• delivering it personally to the person.
• sending it by post, email, or fax to the person’s usual or last known home or business address.
• leaving it for the person at the person’s usual or last known home or business address with a person who appears to be over 16 years old and who appears to work or live there.
• leaving it for the person at the workplace the notice relates to, with a person who is or appears to be a person with management or control of the workplace.

If the PIN is issued to a PCBU as an organisation, the HSR would physically give the PIN to the management representative they have been consulting with over the matter.

Note: a PCBU can be a person or an organisation.

PIN information

The duty holder should be clearly identified on the PIN. It cannot be issued to a trading name or business name. The legal entity should be used, such as the name of a person, a company, a government department or an incorporated entity.

PINs should:

• be in writing (a template is available on the WorkSafe website)
• state why the HSR believes there is a contravention of the WHS legislation or previous contravention that they believe will be continued or repeated.
• identify the provision of the WHS Act or Regulations being contravened.
• contain a brief outline of how the provision is being contravened.
• specify a time limit of at least eight days for the WHS issue to be fixed.

A PIN may include recommendations suggesting how the WHS issue can be fixed. The recommendations may refer to an approved Code of Practice and offer a choice of ways the contravention can be remedied. Duty holders are not required to implement these suggestions where other measures resulting in the same or better safety outcomes can be applied.

If there is more than one contravention of the WHS legislation, a separate PIN must be issued for each. Putting more than one contravention in each box on a PIN form could make the PIN difficult to understand. It would also leave the PIN open to challenge because it may not be clear which reason, possible remedy and time limit applies to which contravention.

The HSR can make minor changes to the PIN after it is issued to include more information or correct errors. If there are minor errors in a PIN, it is still valid unless the error is likely to cause substantial injustice.

The HSR can cancel a PIN at any time by giving written notice to the person it was issued to.

A HSR cannot issue a PIN if a WorkSafe inspector has reviewed the matter and issued (or decided not to issue) an improvement or prohibition notice.

Complying with a PIN

The person issued with a PIN must:

• display the PIN in a prominent place at the workplace.
• fix the WHS issue before the due date (unless they request a review).

Note: a prominent place means open display in a place where the notice will be seen without prior knowledge that it is there, and where the relevant people will come across it in the normal course of events and be able to examine it (e.g. on a staff noticeboard, a broadcast email to all staff)

A PIN must not be intentionally removed, damaged, or defaced until the WHS issue has been fixed, or an inspector has reviewed the matter.

Cancelling a PIN

A PIN is invalid if there are mistakes that may cause or is likely to cause substantial injustice, for example:

• the PIN states the wrong section of the WHS Act or Regulations that has been breached.
• the PIN refers to a matter that isn’t related to the health and safety breach.

If an HSR becomes aware that they have issued an invalid PIN, they should cancel the PIN and issue a new one.

To cancel a PIN at any time, the HSR must write to the person who was issued the PIN.

A valid PIN doesn’t need to be cancelled once it has been complied with.

Getting a WorkSafe inspector to review a PIN

The person issued with a PIN, or their PCBU if they are a worker, may ask the regulator to appoint a WorkSafe inspector to review the PIN. This request must be made within seven days. A review form is available on the WorkSafe website. An inspector will then attend the workplace to review the PIN.

The PIN is suspended while the inspector reviews the issue. The inspector will seek information from both the HSR who issued the PIN and the recipient to determine why the PIN was issued, whether the PIN was issued correctly and why it is being disputed.

The inspector will then confirm, cancel or change the PIN. If the inspector confirms or changes the PIN, it becomes an improvement notice. An improvement notice still requires a person to remedy a contravention, but it is issued directly from the inspector.

Once an inspector has reached a decision, they must then give a copy of their decision to the person who requested the PIN to be reviewed, and also to the HSR who issued the PIN.

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