Trained Health and Safety Representatives (HSRs) may issue a provisional improvement notice (PIN) when, in their opinion, work health and safety laws are being contravened. They must have completed an approved HSR training course, or previously completed that training when acting as an HSR of another work group.
Before issuing a PIN, consultation should take place between an HSR and the person conducting a business or undertaking (PCBU) or the person they believe is contravening the Act or Regulations. HSRs should:
- provide information, either verbally or in writing, about fixing the alleged contravention or activities causing the contravention
- give the person an opportunity to express their views and take those views into account
- allow adequate time for the contravention to be fixed.
It will be considered that consultation has taken place even if:
- there is no response within a reasonable time, or not at all
- no agreement has been reached on the contravention and how to fix it.
A PIN may be issued to any person including:
- a PCBU, which can be either an organisation or an individual
- a person with management or control of the workplace.
- be in writing – it’s not compulsory to use a specific form, but we have provided a template for convenience
- state the reasons why the HSR considers the laws are being contravened, or the contravention is likely to continue or be repeated
- be given directly to the PCBU or their representative who has responsibility for the specified contravention
- specify a time limit of at least 8 days after the date of issue for the contravention to be remedied.
If there is more than one contravention, a separate PIN must be written for each.
PINs cannot be issued for matters already addressed by a SafeWork SA Inspector.
Unless SafeWork SA has appointed an Inspector to review a PIN, the person issued with it must take all reasonable steps to remedy the identified contravention by the due date on the notice or, if no date has been specified, as soon as possible.
The person issued with a PIN must display the notice in a prominent place close to affected workers and/or parts of the workplace(s).
PINs must not be intentionally removed, damaged or defaced while they are in force.
A PIN remains in force until the matter has been resolved. However the HSR who issued it may cancel it, by written notice, at any time.
The person issued with a PIN, or their PCBU if they are a worker, can ask us to appoint an Inspector to review the notice. This request must be made within 7 days of when the PIN was first issued. We will attend the workplace as soon as practicable after a request has been made.
A PIN is temporarily suspended until the Inspector determines the matter. They must review the PIN and enquire into the circumstances surrounding the issue. This review can take place even if the compliance period has expired. After an Inspector has reviewed the PIN, they must either:
- confirm the PIN
- confirm the PIN with changes
- cancel the PIN.
This decision is a reviewable decision listed in the Act.