Improvement notice
An improvement notice is a formal document issued to a work health and safety (WHS) duty holder (e.g. a person conducting a business or undertaking (PCBU) or worker) by a WorkSafe inspector. An improvement notice is issued when a WorkSafe inspector has formed a reasonable belief that a breach of the Work Health and Safety Act 2020 (WHS Act) or its associated Regulations:
- is occurring, or
- has previously occurred in circumstances which make the breach likely to continue or happen again in future.
An improvement notice can require the duty holder to remedy a breach, or take action to prevent a breach from occurring. The duty holder may also be required to remedy certain circumstances (e.g. matters, activities) that caused a breach or make a breach likely to occur.
An improvement notice states the inspector’s beliefs on which parts of the WHS Act or WHS Regulations have been breached, as well as the reasonable grounds for their beliefs.
The improvement notice may also include directions on what needs to be done to remedy the situation. It also sets the date by which the specified breach is to be remedied.
Generally, an improvement notice will be for issues of non-compliance that do not pose an immediate and serious risk to health and safety.
Once you have complied with the requirements of an improvement notice, you must notify the regulator as soon as reasonably practicable. Failure to comply with an improvement notice as an individual could result in a fine of up to $55,000 or $285,000 for a body corporate (e.g. a company).
Read more about the compliance and enforcement tools used by the regulator.
Prohibition notice
Under the WHS Act, a prohibition notice is a formal document issued by a WorkSafe inspector to a work health and safety (WHS) duty holder, such as a PCBU or worker, to stop an activity at a workplace that poses a serious risk to health or safety.
The purpose of the prohibition notice is to prevent the activity from reoccurring until the inspector is confident the risk has been adequately rectified. Due to the serious risk, the inspector should initially inform the person with control of the activity verbally, then follow up with a written notice. The prohibition notice may include specific instructions or conditions and will remain in effect until the inspector confirms that the issue has been resolved. Even if the activity has already stopped, a prohibition notice can still be issued.
If you don't comply with the prohibition notice, the regulator can take legal action against you including taking steps to ensure the workplace is safe, informing you in writing and recovering the costs of these actions.
How to notify your compliance: General workplaces
If you have complied with an improvement notice, you must notify the regulator as soon as is reasonably practicable online.
Enter the following information from the improvement notice and click ‘submit’:
- the improvement notice number
- the date it was issued
- the inspector’s name
- your name and position
- today’s date.
How to notify your compliance: Mining operations
If you have complied with an improvement notice, you must notify the regulator as soon as is reasonably practicable through the Safety Regulation System (SRS).
Before you can access the SRS, you must register to use the system. Once registered, you will receive a department account number which will give you access to the system.
How to notify your compliance: Petroleum and geothermal energy operations
If you have complied with an improvement notice, you must notify the regulator as soon as is reasonably practicable by corresponding with the Case Manager assigned to your notice or by emailing petrep@demirs.wa.gov.au
Need more time to comply?
You can request an extension of time for compliance with an improvement notice online or by completing the request for review form and submitting it by one of the following methods:
- Email review.officer@demirs.wa.gov.au
- Post WorkSafe Commissioner, Locked Bag 100, EAST PERTH WA 6892
- In person Level 1, Mason Bird Building, 303 Sevenoaks Street CANNINGTON WA 6107
Your application must be received before the day by which you are required to comply (the compliance period) which is stated on the improvement notice. The regulator can only consider and grant an extension for a current improvement notice.
It is recommended that you submit your application at least 3 working days before the compliance period of the improvement notice ends. In your application, ensure that you include:
- the extension of time required
- what actions you’ve taken so far to comply, and
- any previous extensions granted.
If you’re unsure, contact the inspector who issued the improvement notice for further guidance.
For mine sites who use the Safety Regulation System (SRS), you must submit your request online via the SRS:
- for a review of an improvement notice or a prohibition notice
- to apply for an extension of the due date of an improvement notice.
Once submitted, the regulator will consider your application and may contact you for further information. If this occurs and you do not respond within the required time, the inspector’s original decision will stand. You will receive a letter with the outcome of your request for an extension of time.