Provisional improvement notices and direction to cease work

Important tools that help HSRs resolve health and safety issues in the workplace

If a HSR believes on reasonable grounds that a person is contravening a provision of the Occupational Health and Safety Act 2004 (OHS Act), the OHS Regulations 2017 (OHS Regulations)or the Occupational Health and Safety (Psychological Health) Regulations 2025 (OHS (Psychological Health) Regulations) they must first consult with the person about remedying the contravention.

If consultation between the HSR and their employer does not resolve a workplace health and safety issue and the contravention is ongoing or it is likely it will be continued or repeated, the HSR may issue a provisional improvement notice (PIN).

If the issue involves an immediate threat to the health or safety of any person, and the nature and the degree of the risk are such that it is inappropriate to wait for a resolution utilising agreed procedures, a HSR may instead issue a direction to cease work.

A direction to cease work may only be issued if consultation between the HSR and the employer about the issue has occurred.

What is a PIN

PINs are a written direction for a person, usually an employer, to address a contravention of the:

• OHS Act
• OHS Regulations or
• OHS (Psychological Health) Regulations.

Who can issue a PIN

Elected HSRs have the power to issue a PIN. Deputy HSRs (DHSR) may also issue a PIN if the HSR ceases to hold office or is unable to exercise their powers.

Who a PIN can be issued to

An HSR may issue a PIN to any person who has duties under the OHS Act, OHS Regulations or OHS (Psychological Health) Regulations.

An HSR can generally only issue a PIN to any person in respect of matters that affect, or may affect, members of their designated working group.

In general terms, the word 'person' refers to a natural person, however under the OHS Act the term 'person' can include an organisation (your employer), an individual, a body corporate, an incorporated body or association, or a partnership.

When to issue a PIN

The HSR may issue a PIN if an HSR believes on reasonable grounds that a person is contravening a provision of the OHS Act the OHS Regulations or the OHS (Psychological Health) Regulations or has contravened such a provision in circumstances that make it likely that the contravention will continue or be repeated.

The HSR may only issue a PIN after consulting with the person who has management responsibility for resolving the contravention or likely contravention.

Examples of contraventions could include:

• excessive noise levels in the workplace
• an ongoing requirement to manually lift heavy objects
• personal exposure to chemicals used in the workplace on an ongoing basis
• unguarded plant
• a lack of consultation with employees — or HSRs where there is an HSR — on OHS matters.

Consultation before issuing a PIN

HSRs must consult with the person they believe to be contravening the OHS Act, OHS Regulations or OHS (Psychological Health) Regulations, before issuing a PIN.

Consultation allows everyone involved to discuss their concerns. It might also mean the issue is resolved with no need to issue a PIN or involve WorkSafe.

If an HSR does not consult before issuing a PIN, the PIN will not meet the requirements of the OHS Act.

HSRs should keep a written record of the consultation that occurred prior to issuing a PIN.

How to fill out a PIN

It is not compulsory to use a form to issue a PIN, but it may help to ensure required information is included.

A separate PIN is needed for each contravention.

A PIN must:

• state the HSR's belief on which the issue of the notice is based and the grounds for that belief
• specify the provision of the OHS Act, OHS Regulations or OHS (Psychological Health) Regulations, that the HSR believes has been or is likely to be contravened and
• specify a day — at least 8 days after the day on which the notice is issued — before which the person is required to remedy the contravention or likely contravention or the activities causing it.

The HSR may include directions on how to remedy the contravention in the PIN.

PINs are legal instruments, so it is important that HSRs fill them out correctly.

If you have concerns about how to fill a PIN in correctly, you can seek assistance from the WorkSafe Advisory line on 1800 136 089, WorkSafe HSR Support Officers (HSRSOs), other HSRs or your union.

How to issue a PIN

A PIN must be delivered in person, sent by post, faxed or emailed in accordance with section 64 of the OHS Act.

The PIN recipient

The recipient of a PIN must either:

• comply with it within the specified time frame, or
• if they wish to dispute the PIN, they can contact WorkSafe and WorkSafe will arrange for an inspector to attend the workplace. This request must be done within 7 days of the PIN being issued.

Should the person issued with a PIN fail to call in an inspector within 7 days or fail to comply with the notice in the time specified, then that person may be guilty of an offence under the OHS Act.

What to do with non-compliance of a PIN

If an HSR issues a PIN and it is not complied with in the specified timeframe, the HSR can contact WorkSafe to arrange for an inspector to attend the workplace.

The PIN must meet the requirements of section 60 of the OHS Act. The inspector will attend the workplace as soon as possible and enquire into the circumstances of the PIN.

If the PIN meets the requirements of the OHS Act and has not been complied with, WorkSafe will then commence a comprehensive investigation into the non-compliance, which may lead to enforcement action being taken.

Direction to cease work

Consultation before cease work directions

Before directing that work is to cease, an employer and HSR must consult each other about the issue giving rise to an immediate threat to health and safety at the workplace.

Either the HSR or the employer should:

• inform the other of the issue and proposed course of action to control the risk
• give the other the opportunity to present views about the appropriateness of the proposed course of action and to suggest alternatives, and
• take those views and suggested alternatives into account when making a final decision.

Consultation between an HSR and an employer may result in immediate resolution of the issue or may result in a joint direction for work to cease in that area.

Where consultation does not lead to agreement between an HSR and an employer that work is to cease, either the HSR or the employer may direct that the work is to cease.

WorkSafe

An HSR or employer can request WorkSafe arrange for an inspector to attend the workplace.

Where there is an immediate threat, WorkSafe must ensure that an inspector attends the workplace as soon as possible after the request has been made.

Direction to cease work

After consulting with the employer, the HSR can direct workers to cease work if a health or safety issue arises at the workplace or from the business operations:

• that concerns work that involves an immediate threat to anyone's health or safety and
• where it is not appropriate to implement issue resolution procedures under section 73 given the nature of the threat and degree of risk.