From 1 May 2009 workplace health and safety representatives (WHSR) for the first time can issue a Provisional Improvement Notice (PIN) in their own workplace under new Queensland laws.
A PIN is a written direction from a WHSR to an employer (or employer representative) requiring them to fix a workplace health and safety problem. A PIN is a legal document and is designed to improve health and safety in a workplace, encouraging employers and workers to openly discuss health and safety hazards and risks in their workplace.
However, a PIN can only be issued by a WHSR who has received the necessary training in issuing a PIN and only if consultation has not reached a satisfactory outcome.
Employers should be given the opportunity to fix the problem first. This requires the WHSR to provide them with as much information as possible about the problem and a reasonable time to fix it.
Employers are protected against unreasonable notices. Employers can dispute a PIN by referring the issue to their local Workplace Health and Safety Queensland office if they feel the PIN is unreasonable.
WHSRs caught issuing 'frivolous' PINs can have their entitlement to issue them suspended or revoked through application to the Industrial Relations Commission.
Why a WHSR and not a WHSO?
A WHSR is a worker, elected by their co-workers in their area of representation, to represent them on workplace health and safety issues and negotiations. A WHSO is someone elected by the employer to look after workplace health and safety on the employer's behalf. While this includes worker health and safety, a WHSO’s primary function is the represent the employer's interests.
What is the process for issuing a PIN?
Below is an indicative process of the steps that should be taken before, during and after a PIN has been issued.
Click on each process within the flowchart diagram below to access more information.
For everything you need to know about PINs visit www.deir.qld.gov.au/workplace/law/legislation/pins/index.htm or phone the Workplace Health and Safety Infoline on 1300 369 915.
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