Hi Renata – “I've issued a PIN (Provisional Improvement Notice) to my employer and they have disputed it with WorkSafe. The Act says that they must display the PIN in a prominent place and must notify DWG members who are affected. My employer has done neither and I'm unsure whether they are still required to whilst the PIN is under dispute?”
A person who receives a PIN is required under s.60(5) of the OHS Act must display a copy in a prominent place at or near the area affected by the PIN. This requirement remains in place even if they dispute the PIN. Failure to display a PIN is a breach of the OHS Act.
The employer must also inform all affected employees about the PIN including employees who may be affected by the alleged contravention. They must also inform employees about any request for a WorkSafe Inspector to review the PIN. During the review period the PIN must still remain on display and the PIN remains in effect unless and until it is cancelled by an inspector. We have information on our OHSReps site about Inspectors and PINs.
Just a note that, whilst every situation needs to be looked at on its own merits, if the inspector does request that you withdraw the PIN, this may not always be in your best interests. The inspector has three options when reviewing a PIN – they can confirm the PIN as is, confirm it with modifications, or cancel the PIN. When a PIN is cancelled by an inspector and you believe that the decision is incorrect, there are avenues for you to appeal that decision/ask for a review – if you withdraw it, you lose that ability. Many PIN cancellations that are appealed or reviewed end up being successfully affirmed, so it is worth the time and effort to follow this up. If you find yourself in such a situation, we recommend contacting your Union directly for support and assistance in seeking a review of a cancelled PIN.
