If a rep issues a PIN, then it’s clear the OHS problem is real and not resolved using the issue resolution process in the workplace. So if you’ve issued a PIN that your employer challenges, and an inspector comes out to the workplace to look into it, certain things should happen. Firstly, the inspector must ‘enquire into the circumstances’, speaking to both the employer representative and to you as the rep who issued the PIN. The inspector must then decide whether to affirm (with or without modification) or cancel the PIN, and give notice in writing.
If the inspector cancels the notice and you do not agree with the inspector’s reasons for cancellling the notice, then you have the right to seek a review of that decision – a new provision of the 2004 OHS Act. Reps should absolutely ask for such a decision to be reviewed, as it is possible that sometimes inspectors either don’t get the whole picture or act on incorrect advice. In these situations, it’s absolutely crucial for you to contact your union’s OHS officer for assistance in doing this.
- Read more on reviewable decisions.
- WorkSafe publication: Overview of how inspectors deal with specific issues [pdf] - This document provides information about how WorkSafe OHS inspectors deal with specific issues when performing their functions, including investigating a disputed or non-complied with PIN.