Under the 2004 OHS Act, a rep can issue a PIN to the employer at any time, as long as he or she has consulted with the employer about remedying the contravention or likely contravention. In fact, the rep may issue a PIN to any person who is contravening or has contravened the Act or the regulations.
Under Section 60 of the OHS Act, the rep must have consulted with the person about remedying the contravention or likely contravention'. If the person's response is unsatisfactory, then the rep has the right to issue a PIN.
The OHS rep who asked this question said, ‘The employer always says he can’t find the money to fix things in our workplace, and there are more pressing things to spend the budget on.’ Employers have a legal duty to provide and maintain a safe and healthy workplace – as far as reasonably practicable. While this means that cost can be one consideration, the employer cannot simply use cost as an excuse not to remedy contraventions of the Act or regulations.
My advice to this rep? Issue a PIN.
More information on how to use a PIN