NEW Changes to PINs

admin • June 1, 2026

Maintaining a safe workplace is a legal and moral obligation. One of the most powerful tools available to workers, specifically Health and Safety Representatives (HSRs), is the Provisional Improvement Notice (PIN). Used correctly, PINs can quickly resolve safety issues and ensure compliance with the Occupational Health and Safety Act 2004 (Vic).


There have been recent changes made to the PIN notice and we recommend that HSRs now use the new version.

 

Summary of NEW Changes:

  • Part 5 has been modified to include tick boxes for each of OHS Act, OHS regulations or the Psychological Health Regulations to be selected by the HSR
  • Part 6 has been modified to include whether the safety issue is a contravention relating to a physical or psychological hazard

 

What is a PIN?

A Provisional Improvement Notice (PIN) is a formal written notice issued by an HSR to address a workplace health and safety issue. It is used when consultation with the employer has failed to resolve a problem.

*In Victoria, an HSR can issue a PIN whether or not they have completed an HSR training course. This is different to other jurisdictions.


Under Victorian law, an HSR can issue a PIN if they believe, on reasonable grounds, that:

  • A provision of the OHS Act or regulations is being breached, or
  • A breach has occurred and is likely to continue or happen again


The purpose of a PIN is simple:

To require action to fix a safety problem and prevent harm to workers.

It is a legal document which the employer must respond to.


Who Can Issue a PIN?

Health and Safety Representative (HSR)’s can issue a PIN.

*Don’t forget that Victorian HSRs can issue a PIN even if they haven’t yet had the opportunity to get into a 5 Day Initial OHS Training Course. (Although obviously HSRs are best to complete their training as soon as possible so that they can fully understand the OHS Act and their role.)

An HSR must:

  • Represent a designated work group (DWG)
  • Have reasonable grounds to believe a breach exists
  • Consult with the employer first before issuing the notice


When Should a PIN Be Used?

A PIN should be used as a last resort, after attempts to resolve the issue through consultation have failed.

An HSR can choose to issue a PIN notice if the duty holder is contravening any provision of the OHS Act or any of the Regulations, or if the duty holder is believed to have been in contravention and it is likely that the contravention will continue or be repeated.

But, they must have first consulted with the duty holder.

Remember that for immediate or serious risks, a PIN may not be appropriate. In those cases, an HSR can direct work to cease under the Act.


How to Issue a PIN

1. Identify the Issue

Clearly identify the hazard or breach of the OHS Act or Regulations.

2. Consult with the Employer

Before issuing a PIN, the HSR must consult with the employer or the person responsible and give them a chance to fix the problem. Where such consultations are ineffective, the employer refuses to consult and / or the HSR believes that the safety issue will continue, then the HSR may issue a PIN.

3. Complete the PIN

It is not compulsory to use the WorkSafe Victoria PIN form, but it does make life easier. You can find it here: Provisional-improvement-notice-form-2026-05.pdf


A valid PIN must include:

Section 1 – fill out the details of the elected HSR under the OHS act (or the elected deputy HSR if the HSR is unavailable)

Section 2 – fill out the details of the duty holder. Most commonly, this will be your employer.

Section 3 – tick that you have consulted with your employer or their representative prior to issuing the PIN. It is a good idea to keep a written record of the consultation or attempted consultation.

Section 4 – fill out the details of the person (employer representative) to whom you are giving the PIN.

Section 5 – fill out which sections of The Act or The Regulations are believed to have been contravened.

You can only include one health and safety issue on a PIN notice. If there are more than one, you will need to issue a separate PIN notice for each issue.

Tick the box to make clear if the contravention relates to the OHS Act, the OHS Regulations or the Psychological Regulations.

Section 6 – provide detail of the contravention.

Include the site location ie: the actual area of the workplace where you believe the contravention to be occurring.

State whether the PIN relates to a physical or psychological hazard.

Section 7 – optional – you may fill out suggestions as to how the safety issue can be fixed if you wish, but this is not required.

Section 8 – sign and date the form.

Provide a compliance date that is AT LEAST 8 days after the PIN issue date. Make sure the timeframe is reasonable.


4. Issue the Notice

The PIN must be delivered to the person you state in Section 4. It can be delivered in person, by post or other formal delivery methods.

Don't forget to keep a copy of the PIN for your own records.

 

What Happens After a PIN Is Issued?

Once a PIN is issued, the recipient has legal obligations. They must:

  • Bring the notice to the attention of their employer (if the person is an employee).
  • Bring the notice to the attention of persons whose work is affected by the notice, including informing affected workers.
  • Display the PIN in a prominent place in the workplace.
  • Fix the issue by the specified compliance date.

Failure to comply is an offence under the OHS Act, and penalties may apply.


Can the duty holder dispute the PIN?

If the employer (or recipient) disagrees with the PIN, they can contact WorkSafe Victoria and request an inspector review within 7 days of receiving the PIN. If no review is requested within 7 days, the PIN remains legally enforceable.


What does an HSR do if the employer does not comply?

If the employer has not complied with the PIN within the specified timeframe or if the employer’s intention is not to comply, then the HSR can call WorkSafe Advisory Service and arrange for an inspector to visit the workplace.

The inspector can then:

  • Confirm the PIN
  • Modify it
  • Cancel it


Support and Advice

If you need support and advice on how to issue a PIN, you can contact:

 

PINs are an important mechanism for preventing injuries and saving lives. They are a powerful and practical tool in Victoria’s workplace safety system.

For HSRs, understanding when and how to use a PIN is essential.

For employers, knowing how to respond to PINs promptly and effectively is vital.

If you need training to understand more, contact us:

info@besafevictoria.com.au

0467002060


By admin July 15, 2026
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