Court fine for Education Department

15 August 2007

The Department of Education was today fined $8000 in the Magistrates Court after it failed to comply with a Provisional Improvement Notice (PIN Notice) issued by a health and safety representative in 2004, and Improvement Notice issued by WorkSafe in 2005.

The Magistrate noted that despite the school principal making the Department aware of the PIN and the Improvement, the Department did not seek a review or comply with the notices.

The Department pleaded guilty to the offences.

WorkSafe Victoria General Manager Eric Windholz said the fine by Magistrate O’Day sent an important message that WorkSafe Victoria and the courts will act against employers who do not respect the role of HSRs and WorkSafe Inpsectors”.

“Health and safety representatives are a crucial element in making Victorian workplaces safer and when they raise issues of safety employers must listen and act” Mr Windholz said.

“This is the first time that an employer has been found guilty for ignoring a Provisional Improvement Notice (PIN Notice) placed by an employee”.

The prosecution occurred after a health and safety representative at Altona Primary School issued a PIN Notice in December 2004 alleging that the Department of Education had failed to provide adequate facilities for the welfare of the workers.

The notice related to the school teachers’ lunch room which the court heard was too small for the number of teachers using it, allegations later supported by Department of Education occupational health and safety consultants.

The risk to employees included scalding from hot beverages, trips and slips and stress and low morale resulting from a noisy and overcrowded environment. 

In September 2005, nine months later, a WorkSafe Inspector issued an Improvement Notice to the Department for failing to remedy the breaches of the Occupational Health and Safety Act 2004 identified in the PIN Notice.

WorkSafe’s Improvement Notice required the provision of a portable classroom, which would allow an existing classroom to be refurbished to provide appropriate space for all staff.

Mr Windholz said failing to obey the directions of Inspectors was an extremely serious offence.

“It doesn’t matter if it is a manufacturing company, a construction site or a school, safety must be taken seriously”.

“Any company that ignores the directions of an Inspector can face fines of more than $250,000”.

The charges

Section 33(3)    Failure to comply with a provisional improvement notice. Occupational Health and Safety Act 1985

Section 111 (4)    Failure to comply with an improvement notice - Occupational Health and Safety Act  2004

Background

A Provisional Improvement Notice (PIN) notifies an OHS breach to an employer. They are issued by an employee who is elected as the health and safety representative by the employees. The person issued with the PIN must act on the notice or if there is a disagreement, either party can call in WorkSafe to consider the matter within 7 days.

If they are called the WorkSafe inspectors can uphold, vary or cancel the PIN Notice, the WorkSafe inspector can also issue an Improvement Notice, requiring something to be done within an agreed period if the OHS breach is still present.  The Person served with an Improvement Notice has a right to seek a review of the notice.