Provisional Improvement Notices (PINs)

Information for Health and Safety Representatives (HSRs) about issuing a Provisional Improvement Notice (PIN) under section 90 of the Work Health and Safety Act 2011.

What is a PIN?

A PIN is a written direction issued by a trained HSR to a person conducting a business or undertaking (PCBU), when the HSR reasonably believes that the PCBU:

  • is contravening the Work Health and Safety Act 2011 (WHS Act), or
  • has contravened the WHS Act in circumstances that make it likely that the contravention will continue or be repeated.

The PCBU must:

  • remedy the contravention, or
  • prevent a likely contravention from happening, or
  • remedy the things or operations causing the contravention or likely contravention.

Before you issue a PIN, you must consult with your PCBU or the person responsible to address the contravention.

A PIN cannot be issued if an inspector has already issued (or decided not to issue) an improvement or prohibition notice in relation to the same matter.

PIN template

A PIN must be in writing and meet the requirements of Division 7 of the WHS Act.

SafeWork NSW has provided a model template to assist an HSR in writing a PIN. You do not have to use this template, as long as the PIN meets the requirements of section 209 of the WHS Act.

Time to comply with a PIN

You must allow at least 8 days from the date the PIN was issued for the person or the PCBU to remedy the contravention or likely contravention.

If they do not comply with a PIN within the timeframe stated in the PIN, you can contact SafeWork NSW to arrange for an inspector to visit the workplace. This could result in compliance and enforcement action.

You may cancel a PIN at any time, by giving written notice to the person the PIN is directed at.

PIN checklist

You can use this checklist when issuing a PIN.

To issue a PIN, you must have:

  • completed an approved 5-day HSR training course, previously completed that training when acting as an HSR for another work group, or completed training equivalent to that training under a corresponding WHS laws.
  • consulted with your PCBU or the person with the responsibility to remedy the contravention, before issuing a PIN.

The PIN must include:

  • a statement that the HSR believes a WHS law has been contravened or is likely to be contravened
  • the law you believe has been, or is being, contravened, including the specific provision of the Act
  • a brief explanation how the law is being, or has been contravened, and
  • the date by which the contravention must be remedied (at least 8 days after the PIN is issued).

The PIN may include:

  • how the contravention can be remedied
  • how to prevent a likely contravention
  • the matters or activities that are causing the contravention or likely contravention
  • a reference to a code of practice and a choice of ways to remedy the contravention
  • details that confirm the person was consulted with before the PIN was issued.

PCBU display and notification obligations

PCBUs who are issued a PIN must, as soon as practicable, display a copy of the notice in a prominent place at or near the workplace, or the part of the workplace, where the affected work is being carried out.

PCBUs must also provide a copy of the PIN to SafeWork NSW.

SafeWork NSW has provided a step by step guide for PCBUs on how to provide SafeWork with a copy of the PIN.

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