Issuing Provisional Improvement Notices (PINs)
A provisional improvement notice (PIN) is a formal notice given to an employer by their HSR.
A PIN can be issued by a HSR when they believe there has been a breach of the OHS Act or regulations in their workplace.
A PIN is issued when consultation between the HSR and employer has failed to resolve the health and safety issue.
Completing a PIN
WorkSafe has produced this form to help HSRs provide all the relevant information that is required to issue a valid PIN.
When completing the form remember that:
- a PIN can be issued to any "person" on whom duties are imposed by the act (this includes body corporate, unincorporated or a partnership).
- a PIN can only be issued by a HSR elected under the Act (or deputy HSR when the HSR is unavailable).
- instructions on how to complete a PIN are on the back of the form.
- if you have identified more then one health and safety issue, you should complete a separate PIN for each issue.
- providing your details at the end of the form will assist a WorkSafe inspector in contacting the person who issued it (should the PIN be disputed by the person who received it).
- HSRs are advised to keep a copy of their completed PIN for their own records.
It is important to note that a HSR may only issue a PIN after they have consulted with their employer about the alleged health and safety breach and the issue has not been remedied.
Consultation prior to issuing a PIN
WorkSafe considers consultation to have occurred if:
- The HSR provides information - verbally or in writing - to the "person" about fixing the alleged breach or activities causing the breach. At this point the HSR doesn't need to specify which part of the Act or regulation the issue relates to (though the HSR can do so if they wish.).
- The HSR has allowed the person an opportunity to express their views and has given them adequate time to fix the breach.
- The HSR has taken into account the views of the person before issuing the PIN.
Consultation can still be said to have occurred even if:
- The person does not respond to the HSR in a reasonable time or at all.
- There is no agreement between the HSR and the person. The person does not have to agree that there is or is likely to be a safety breach or agree on how to fix the matter.
- The HSR has pre-prepared the PIN which is subsequently issued to the duty holder (or their representative), after the conclusion of the consultation process.
For more information on PINs and/or consultation, please refer to the publications: