Provisional Improvement Notices (PINs)

The following guidance supplements information on Provisional Improvement Notices contained in Employee Representation - A comprehensive guide to Part 7 of the Occupational Health and Safety Act 2004.

Information on how to complete a PIN

For guidance on how to complete this form see the back of the PIN form.  If further assistance is required, WorkSafe’s Advisory Service may be contacted by phoning 9641 1444 (toll free 1800 136 089) or emailing info@workcover.vic.gov.au. 

HSRs are advised to keep a copy of the completed form for their records. 

Providing HSR contact details on the bottom of the form will assist an inspector in reaching the HSR should the PIN be disputed by the person to whom it was issued. 

WorkSafe’s publication Employee Representation - A comprehensive guide to Part 7 of the Occupational Health and Safety Act 2004 provides further information on PINs. 

Further information on Consultation prior to the issue of a PIN

  • A PIN may be issued to any person on whom duties are imposed by the Act.
  • A PIN can only be issued by a HSR/deputy HSR elected under the Act.
  • A PIN must be issued to the correct or relevant dutyholder. 
  • Section 60(2) provides that the HSR (or deputy) may only issue the PIN after consulting with the person about remedying the contravention or likely contravention or matters/activities causing the contravention.
  • WorkSafe considers that consultation will have occurred, initiated by the HSR (or deputy HSR as relevant), prior to issuing a PIN if:
  • the HSR provides information - verbally or in writing - to the dutyholder about remedying the alleged breach or matters or activities causing the breach.  There is no need at this point to specify which provision of the Act or regulation is being contravened or specify a remedy, though the HSR can do so.
  • the HSR has allowed the person an opportunity to express their views and to contribute in a timely fashion to remedy the alleged contravention  or resolve the matters or activities causing the alleged contravention;

(Note: the person may express their view immediately – in which case the HSR can immediately move to the next step; alternatively, the person may need to take reasonable time to consider the HSR’s view, for example to obtain authorisation from a more senior manager or to seek expert advice on the matter – in which case, the HSR needs to allow for a reasonable time to pass for the person to either action the matter if they agree with the HSR or respond otherwise to the HSR before the HSR moves to the next step.  “Reasonable time” will vary dependent on circumstances, the issue in the workplace and/or the immediacy of risk, but should not normally be longer than a period of one week for relatively minor matters and two to three weeks for more complex concerns.)

  • 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 duty holder does not respond to the HSR in a reasonable time or at all.  In this case, the HSR can take the failure to respond into account before deciding to issue the PIN.  There does not have to be a two-way exchange - only the opportunity for this to occur;
  • there is no agreement between the HSR and the duty holder.  The duty holder does not have to agree that there is or is likely to be a contravention or agree with the HSR about how to remedy the matter.  The time period for consultation or degree of consultation required is not specified in the Act - it will depend on the circumstances and must be reasonable for the relevant circumstances (see above); or
  • the HSR has pre-prepared the PIN which is subsequently issued to the dutyholder (or their representative) after the conclusion of the consultation process.  A pre-prepared PIN, or a modified pre-prepared PIN, may be issued if –after the consultation process is complete – the HSR is at that stage not satisfied with the outcome.

Consultation does not require the HSR to have specifically stated they will issue a PIN if they are not satisfied with the outcome of the consultation process (though they can state this).  Nor does the consultation process require that the HSR state the penalty implications of issuing a PIN and the dutyholder not complying with it (though they can state this also if they wish.)

Obtaining a PIN form

Download a PIN form here.  An alternative version of a PIN form can be downloaded from the Victorian Trades Hall Council’s website for HSRs and workers www.ohsrep.org.au. 

Hard copy PIN forms in triplicate may also be ordered through WorkSafe’s Advisory Service by phoning 9641 1444 (toll free 1800 136 089) or emailing info@workcover.vic.gov.au.

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