Provisional Improvement Notices introduced under new Queensland laws
Workplace health safety representatives (WHSRs) will be able to issue Provisional Improvement Notices (PINs) in their own workplaces under new Queensland laws to commence in mid-2009.
PINs are a tool to improve health and safety in workplaces, encouraging employers and workers to openly discuss health and safety hazards and risks in their workplace. A PIN notifies an employer of a likely workplace health and safety breach.
PINs can only be issued by a WHSR who has received appropriate training in issuing PINs. WHSRs are elected by their co-workers to represent them in workplace health and safety matters.
Before issuing a PIN, the WHSR must consult with the employer about the issue. WHSRs should provide information to the employer about the issue, allowing the employer to fix the issue in a timely manner rather than issuing the PIN. If the employer does not fix the issue then the WHSR can issue a PIN.
If you are issued with a PIN, you must be given at least eight days from the date the PIN is issued to fix the problem. You are required to display a copy of the PIN in a noticeable position in the workplace. This ensures that everyone affected by the PIN is aware it has been issued.
If you disagree with the PIN, you have seven days from date of issue to refer the PIN to your local Workplace Health and Safety Queensland (WHSQ) office. Once you have notified WHSQ the PIN is suspended until an inspector attends the workplace and conducts an investigation into the PIN and how it was issued.
An inspector has the power to confirm, modify or cancel the PIN. If you disagree with the inspectors decision you can seek a review within 14 days, in the same way that an improvement or prohibition notice issued by a WHSQ inspector can be reviewed.
If you do not comply with a PIN by the remedy date the WHSR who issued the PIN can notify WHSQ to address the issue.
If the WHSQ inspector determines that the WHSR issued the PIN 'unreasonably' the WHSR can have their entitlement to issue PINs suspended or revoked through application to the Industrial Relations Commission. This provides a safeguard for employers to prevent PINs being issued 'frivolously' or 'vexatiously'.
Guidance material will be made available in early 2009 to assist industry and WHSRs with the introduction of PINS.
For more information, phone the WHS Infoline on 1300 369 915.
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