A Provisional Improvement Notice (PIN) is not issued by WorkSafe. It is issued by a Health and Safety Representative (HSR) who is one of your own workers' elected representatives. That distinction matters, because the process, the obligations, and the options for responding are different from a WorkSafe-issued improvement notice.
What is a PIN?
Under section 60 of the OHS Act 2004, an HSR can issue a PIN when they reasonably believe that a person is contravening the OHS Act, the OHS Regulations 2017, or the Occupational Health and Safety (Psychological Health) Regulations 2025, and:
- The contravention is ongoing, or
- It is likely the contravention will be continued or repeated
A PIN is a formal written notice from the HSR advising the employer (or employer's representative) that there is a health or safety problem at work. It is used when consultation between the HSR and the employer has not resolved the issue.
The PIN must meet the requirements of section 60 of the Act. It must identify the provision being contravened, describe the contravention, and set a time frame for compliance.
What must happen before a PIN is issued?
An HSR cannot go straight to issuing a PIN. Section 73 of the OHS Act requires the HSR to first consult with the relevant person about remedying the contravention. A PIN is a tool of last resort within the issue resolution process and it should only be issued after consultation has failed to resolve the problem.
If the issue involves an immediate threat to health or safety, the HSR has a different power: they can issue a direction to cease work under section 74. That power is separate from the PIN process and is used when waiting for the usual issue resolution process would be inappropriate given the immediacy and severity of the risk.
What are your options when you receive a PIN?
You have two choices:
Option 1: Comply with the PIN. Address the issue identified in the notice within the timeframe specified. This is the simplest path and the one that works when the HSR has identified a genuine problem that you agree needs fixing.
Option 2: Request a WorkSafe inspector. If you believe the PIN is misconceived and that there is no contravention, or that the notice does not meet the requirements of section 60, then you can ask WorkSafe to send an inspector to review it. You should make this request promptly.
You have 7 days to call in an inspector. If you do neither option, complying with the notice nor requesting an inspector, within 7 days, you may be guilty of an offence under the OHS Act.
What happens when the inspector attends?
The inspector will attend the workplace, examine the circumstances of the PIN, and determine whether:
- The PIN meets the requirements of the OHS Act
- The contravention exists or existed
- The notice should be confirmed (with or without modifications) or cancelled
If the inspector confirms the PIN and it has not been complied with, WorkSafe will commence a comprehensive investigation into the non-compliance. That investigation may lead to formal enforcement action, including the issue of a WorkSafe improvement notice or prosecution.
If the inspector cancels the PIN, the matter is closed.
How to handle it well
A PIN from an HSR should never come as a complete surprise. If it does, that's usually a sign that your consultation processes have broken down. The PIN process is designed as a backstop. The issue should have been raised and discussed before it reached this point.
When you receive a PIN:
- Read it carefully and identify the specific issue raised
- Speak with the HSR to understand their concerns. Even at this stage, consultation may resolve the matter
- Assess whether the identified issue is a genuine contravention
- If it is, fix it and document what you did
- If you believe the PIN is wrong, request an inspector and be prepared to explain your position
Regardless of whether you agree with the PIN, treat the HSR's concerns seriously. They are an elected representative of your workers, exercising a power given to them by the OHS Act. Dismissing or retaliating against them for issuing a PIN is both counterproductive and potentially unlawful.
Key takeaway
A PIN is part of the consultation and issue resolution framework in the OHS Act. It means an HSR has identified a safety issue, tried to resolve it through consultation, and been unable to do so. Your job is to either fix the issue or get it reviewed. Do not ignore it and don't treat it as an attack. Either path has a clear process. Follow it.