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

Engineered Stone - Anniversary of The Ban

By admin • June 29, 2026
Today is the anniversary of the banning of Engineered Stone. On the 1 st July 2024, Engineered Stone was banned due to the high levels of silica it contained, which presented a health and safety risk to those working with it. The banning of engineered stone is a huge win for the safety and health of workers, but it does not mean that workers are safe from silica related disease. Workers can still be exposed to silica from other sources, including: Stone Asphalt Cement, mortar and grout Concrete, concrete blocks and cement products Bricks and pavers Tiles Sand These and related products still present a risk and this comes in the form of respirable crystalline silica. Small particles of silica can be produced when dust is produces through cutting, sanding or processing the materials. This can occur during manufacturing and construction, when mining or digging, and when handling waste. The silica dust can be breathed deep into the lungs and can cause serious disease., including silicosis, fibrosis, COPD, bronchitis and lung cancer. In addition, it can cause other systemic diseases including serious effects on the kidneys, immune system, eyes, etc. Employers must control the risk of exposure and workers should be aware of the risks so that they can make sure that they are safe. BeSafe is still horrified to occasionally see dry cutting by workers who may not be aware of the serious risks of this practice. Just remember, that just because engineered stone has been banned, it doesn’t mean you are safe from silica related disease. Make sure you know how to protect yourself and stay safe from this serious and deadly hazard. More information: For the general information page with resources relating to crystalline silica, take a look at: Crystalline silica | WorkSafe Victoria For information relating to how employers must identify hazards, assess risk, control the risk and review and revise controls regularly, take a look at: Preparing a crystalline silica hazard control statement for high-risk crystalline silica work | WorkSafe Victoria For a practical guide on how to safely work with engineered stone, including exemptions, take a look at Compliance code: Engineered stone | WorkSafe Victoria

Welding Fumes

By admin • June 15, 2026
Welding fumes are hazardous, and employers must control the risk of harm. Various types of welding are used in the workplace, with varying levels of welding fume production. The amount and type of fumes produced during welding will vary based on various factors including: the metals being welded, the welding process used, the composition of the welding rod/wire, the shielding gases used and any contaminants or coating on the metal, etc. There are a number of health effects which may occur due to exposure to welding fumes. These include both short-term and long-term affects Short term: eye irritation, respiratory irritation, metal fume fever (zinc oxide). Long term: siderosis (iron accumulation in the body), lung and kidney cancer, nervous system disorders, asthma, pneumonia. The likelihood of developing damaging health effects from welding will depend on the type of welding being used (and therefore the type of fumes produced), the duration and frequency of exposure, the worker’s proximity to the fumes, the ventilation of the welding area, and any controls which were utilised during the exposure. Welding fumes are a hazardous substance and must be controlled according to the hierarchy of controls. Controls may include: Eliminating the need for welding if possible, for example by using different fastening methods or prefabricated components. Substituting the welding method, for example by using a method which generates less fumes, or using automation methods. Engineering controls including mechanical ventilation such as on-torch extraction or local exhaust ventilation. PPE should be provided by the workplace and includes the use of air fed ventilators. The use of respirators such as Powered Air Purifying Respirators can be used but only in addition to a higher-order control, or if higher-order controls are not possible. Other types of respirators are available but less effective. Several different controls may need to be used and as with any controls, training must be provided on their implementation. Atmospheric monitoring may also be required to monitor exposure levels in the workplace and health monitoring must also be carried out in accordance with the OHS Regulations 2017 Part 4.1 - Hazardous Substances.  Consultation with the workforce, including any elected health and safety representatives, must take place in accordance with requirements under the Occupational Health and Safety Act 2004. For more information on welding fumes, take a look at the following links: https://youtu.be/0tvrOw18Vr0?si=oK_v3vkbGebCzuMf Controlling exposure to welding fumes | WorkSafe Victoria Compliance code: Hazardous substances | WorkSafe Victoria - Welding fumes | Safe Work Australia