What is a Provisional Improvement Notice, and What Happens When an HSR Issues One?

What is a provisional improvement notice?

A provisional improvement notice (PIN) is a written direction that a health and safety representative (HSR) can issue under section 60 of the Occupational Health and Safety Act 2004 (Vic) when they believe, on reasonable grounds, that someone with duties under the Act is breaching — or has breached in a way likely to continue — a workplace safety law. It's one of the strongest tools an HSR has, short of stopping work altogether, and it becomes a legal instrument the moment it's issued.

I've been on both sides of a PIN in my career — coaching HSRs on how to use theirs properly, and helping employers respond to one without it turning into a bigger fight than it needs to be. Handled well, a PIN is usually a sign the consultation process has worked as intended, not a sign everything's gone wrong.

Who can issue a PIN, and to whom?

Only an elected HSR can issue a PIN. A deputy HSR can also issue one, but only if the elected HSR has stopped holding office or can't exercise their powers.

A PIN can be issued to any person who has duties under the OHS Act, the OHS Regulations 2017, or the OHS (Psychological Health) Regulations 2025 — usually the employer, but it can be directed at whoever holds management responsibility for the issue. Generally, an HSR can only issue a PIN about matters affecting their own designated work group.

What has to happen before a PIN is issued?

Consultation is not optional — it's a precondition. Before issuing a PIN, the HSR must consult with the person who has management responsibility for fixing the contravention. WorkSafe Victoria considers consultation to have occurred when the HSR has:

• told the person (verbally or in writing) which provision they believe is being contravened and how it could be remedied
• given that person a genuine opportunity to respond and contribute to a fix
• taken the person's views into account before issuing the notice

If an HSR skips this step, the PIN won't meet the Act's requirements — which is one of the most common reasons a PIN gets challenged.

What must a PIN contain?

Under section 60, a PIN must:

1. State the HSR's belief and the grounds for it
2. Specify the provision of the OHS Act, OHS Regulations, or OHS (Psychological Health) Regulations believed to be contravened
3. Set a compliance date at least 8 days after the notice is issued

The HSR can also include directions on how to remedy the issue, though this isn't compulsory. A separate PIN is required for each contravention, and it must be delivered in person, by post, fax or email in line with section 64 of the Act.

What happens after a PIN is issued?

The person named in the PIN has two options:

• Comply by the date specified.
• Dispute it by contacting WorkSafe within 7 days of the PIN being issued and asking for an inspector to attend.

If neither happens — the recipient doesn't call in an inspector within 7 days and doesn't comply by the deadline — they may be committing an offence under the OHS Act.

When WorkSafe is called in, an inspector attends the workplace, checks the PIN meets section 60's requirements, and can affirm it (with or without changes) or cancel it. If it's confirmed and still not complied with, WorkSafe can move to a full investigation.

PIN vs direction to cease work

A PIN is the standard tool for an ongoing or repeated contravention. Where there's an immediate threat to health or safety and it's not appropriate to wait for the usual issue-resolution process, an HSR can instead issue a direction to cease work under section 74 — but only after consulting the employer first.

For most manufacturers, the practical lesson is the same either way: a PIN or a stop-work direction is rarely the first sign of a problem. It's usually the last step after informal conversations haven't resolved something. Building a habit of walking the floor with your HSR before it gets to that point is the cheapest insurance you'll ever buy. If it's been a while since someone independent looked at how your site handles HSR issues day to day, it's worth having a safety practitioner book a site assessment to see where the gaps are before they become a notice.

FAQ

Can any employee issue a PIN? No. Only an elected HSR (or a deputy HSR standing in for one) can issue a PIN. Other employees can raise safety concerns, but the formal PIN power sits with the HSR role.

How long do I have to comply with a PIN? The HSR must set a compliance date at least 8 days after the PIN is issued. If you disagree with the PIN, you have 7 days from issue to contact WorkSafe and request an inspector's review.

What happens if I ignore a PIN? Failing to call in a WorkSafe inspector within 7 days or failing to comply by the deadline can be an offence under the OHS Act 2004. It's best to respond — either by fixing the issue or formally disputing it — well before the deadline.

This article is general information for Victorian manufacturers, not legal advice. Last updated: 10 August 2026.