An elected health and safety representative (HSR) has powers under the Work Health and Safety Act 2020 (WHS Act) to issue PINs and stop unsafe work.
What is a PIN?
A Provisional Improvement Notice (PIN) is a written notice issued by a trained HSR to a person directing them to address a work health and safety (WHS) issue.
An HSR can issue a PIN if they reasonably believe:
- there has been a breach of the WHS legislation or
- a breach of the WHS legislation has occurred and the HSR believes it will be repeated.
Consultation
As an HSR, you must consult with the person about the WHS issue before they issue a PIN, and:
- provide information, either verbally or in writing about the WHS issue
- consider their views on the issue
- give them reasonable time to fix the issue.
Consultation has taken place even if:
- the person does not respond
- there is no agreement on the WHS issue or how to fix it.
While the HSR does not have to consult with the affected workers before they issue a PIN, consulting will help the HSR better represent the workers in their work group.
Issuing a PIN
PINs can only be issued by the HSR (or deputy HSR) of the affected work group unless the HSR and deputy HSR of another work group are not available and:
- if there is a serious risk to health or safety emanating from an immediate or imminent exposure to a hazard that affects another work group or
- a member of another work group asks for help.
If a HSR misuses their power to issue a PIN (e.g. to harm an employer rather than fix an unsafe situation) they can be disqualified from being an HSR.
The PIN should be issued to the duty holder who is best able to fix the WHS issue and depending on who is breaching the WHS legislation. This could be:
- the person conducting a business or undertaking (PCBU)
- a host employer
- labour hire company
- officer
- worker, or
- person with management or control of the workplace.
If a PIN is issued to a worker, the worker should give a copy of their PIN to their PCBU.
A PIN cannot be issued to a trading name or business name. Instead, the PIN should specify the legal entity such as the name of a person, a company, a government department or an incorporated entity.
PINs should:
- be in writing (see Provisional improvement notice: Template)
- state why the HSR believes there is a breach of the WHS legislation (or a previous breach they believe will be continued)
- identify the section of the WHS Act or Regulations being breached
- be given to the person (or their representative) responsible for the breach
- 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. If there is more than one breach of the WHS legislation, a separate PIN must be issued for each issue.
The HSR can cancel a PIN at any time by giving written notice and they can also make minor changes to the PIN after it is issued to correct errors or to include more information. If there are minor errors in a PIN, it is still valid unless the error is likely to cause substantial injustice.
An HSR must not 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).
A PIN must not be removed, damaged or defaced until the WHS issue has been fixed or an inspector has reviewed the matter.
Reviewing a PIN
If you would like to request a review of a PIN you've been issued by an HSR at your workplace, you must submit a request to WorkSafe within seven days from the day was PIN was issued. A WorkSafe inspector must then action your request within seven days.
Download and complete a PIN review form.
While a PIN is being reviewed by an inspector, it remains suspended until their investigation is complete. The inspector will then confirm, cancel or change the PIN as required and if it is changed, the PIN then becomes an improvement notice issued by WorkSafe.
Stopping unsafe work
The law gives workers the right to stop unsafe work if they have a reasonable concern that they (or someone else) could be exposed to a serious and immediate WHS risk. If a worker stops unsafe work without informing their HSR they must notify their PCBU as soon as possible.
The PCBU must then provide them with suitable alternate work until the worker can return to their normal duties.
An HSR can direct one or more of the workers in their work group to stop unsafe work.
- If there is reasonable time to consult, before directing workers to stop work the HSR must consult with the PCBU. They must also follow the workplace's issue resolution procedure or the default procedure in the WHS Regulations.
- If there is no reasonable time to consult, the HSR can direct workers to stop work immediately and then consult with the PCBU as soon as practicable.
An HSR can direct workers in another work group to stop unsafe work if the HSR and the deputy HSR of the other work group are not available and:
- there is a serious or immediate WHS risk that affects another work group, or
- a member of another work group asks for help.
Resolving issues
HSRs, PCBUs, and workers can ask the regulator to appoint a WorkSafe inspector to help resolve an issue where workers stop unsafe work.
Need more information?
- Contact WorkSafe on 1300 307 877 or communityeducationofficers@demirs.wa.gov.au
- Provisional improvement notice: Template
- Provisional improvement notice (PIN) review: Form