Provisional improvement notices

Health and safety representatives (HSRs) can, under some circumstances, exercise powers if they believe there is, or has been, a contravention of the Work Health and Safety Act 2011 (WHS Act).

These powers include:

  • issue a provisional improvement notice
  • direct unsafe work to stop

ISSUE A PROVISIONAL IMPROVEMENT NOTICE (PIN)

A provisional improvement notice tells the business or employer (or other PCBU) that a contravention to the Work Health and Safety Act 2011 (Act) needs to be addressed as soon as possible.

If you are a HSR, you can issue a PIN requiring a person to:

  • remedy the breach of the Act
  • to prevent a likely contravention of the Act from occurring
  • to remedy the things or operations causing the contravention or likely contravention

You must first consult with the person responsible for resolving the WHS issue before a PIN can be issued.

We have developed a sample form that can be used as a PIN.

There is no requirement that a PIN is issued on this form, provided that the PIN is in writing and meets the requirements of the Act.

At least eight days must be allowed between the date that the PIN was issued and the date that the PIN needs to be complied with.

DIRECT UNSAFE WORK TO STOP

If you are a HSR you can direct work to stop if there's a serious health and safety risk to the workers in the workgroup.

You are required to first consult with the employer or business owner. If however the risk is so immediate that it's not reasonable to consult first, you can direct the unsafe work to stop and then consult as soon as possible after that.

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Email
contact@safework.nsw.gov.au
Telephone
13 10 50