Module 6 Provisional Improvement Notices And Ceasing Unsafe Work

1. Module 6 Provisional Improvement Notices And Ceasing Unsafe Work

2. Provisional Improvement Notices (PINs) and Ceasing Unsafe Work This module covers requirements in relation to consultation, representation and participation under the WHS Act and includes: • Rights to cease or direct the cessation of unsafe work • Provisional Improvement Notices (PINs) • Requirements for issuing of notices WHS Act s83-102, s202-210

3. There may be times when work is unsafe and serious actions may need to be taken. Can you think of such a situation? New provisions under the WHS Act for situations considered to involve unsafe work include: Rights to cease unsafe work or be directed by a HSR to cease unsafe work; and HSRs (and deputy HSRs) having the power to issue a Provisional Improvement Notice (PIN). HSRs can only exercise these powers if they are trained to do so. Ceasing unsafe work WHS Act s83-103

4. A worker has a right to cease or refuse to undertake work if: they have a reasonable concern that doing the work would expose them to a serious riskto their health and safety from immediate or imminent exposure to a hazard. Have you previously experienced situations where you needed to stop work? Would you refuse to work if you had serious concerns about a risk to health and safety? What actions would you take immediately after stopping or refusing to undertake unsafe work? Workers’ right to cease work WHS Act s84

5. Requirements when ceasing unsafe work When a worker ceases unsafe workthey must: notify the PCBU, as soon as practicable, unless directed to stop work by a HSR (in which case the HSR notifies the PCBU); remain available to undertake alternative work. Alternative work A PCBU can direct a worker to do other safe, suitable work at the same or another workplace until normal duties can be resumed. The worker in doing so retains continuity of engagement. An inspector may be requested by the worker, PCBU or the HSR to assist in resolving the issue. WHS Act s83-89

6. A HSR (if trained) may direct a worker of their workgroup to cease unsafe work: if they have a reasonable concern that doing the work would expose workers to a serious risk to their health and safety from immediate or imminent exposure to a hazard; and only after attempting to consult and resolve the matter with the PCBU, unless there is a serious risk to a worker’s health and safety emanating from an immediate or imminent exposure to a hazard (in which case consultation must occur as soon as practicable after the unsafe work has ceased). The HSR must inform the PCBU of any direction to cease unsafe work. Right of HSRs to direct workers to cease unsafe work WHS Act s85-89

7. A PIN can be issued by a suitably trained HSR if they believe a person: is breaching a provision of the WHS Act has breached a provision of the WHS Act and is likely to continue to or to repeat this breach. A PIN issued by the HSR may require the person to: remedy the breach prevent a likely breach from occurring remedy the things or operations causing the breach/likely breach. See Fact Sheet 5 for additional information. Provisional Improvement Notices (PINs) WHS Act s90

8. Module 6- Activity 1 - • The facilitator will divide the group into smaller groups to review the scenarios to determine what actions are required and who has responsibilities in relation to these actions. • The group will come back together to discuss the answers.

9. A PIN cannot be issued to a person if: the HSR has not received the required training; the HSR has not firstly consulted with the person; or an inspector has already issued (or decided not to issue) an improvement or prohibition notice for the same matter. Note:HSR training provides the knowledge and skills required to issue a PIN and to direct unsafe work to cease. What information is required to be contained in a PIN? Provisional Improvement Notices (PINs) WHS Act s90

10. A PIN must be in writing and state: the HSR believes a person is in breach of the WHS Act, or is likely to continue or repeat the breach; what that provision is and how it is being breached; and a date as to when the breach is to be remedied. A PIN may also state: directions on what is required to remedy or prevent the breach (this may include a reference to a Code of Practice); the cause or likely cause of the breach; and/or a choice of ways in which the breach could be remedied. Provisional Improvement Notices (PINs) WHS Act s91-99

11. Provisional Improvement Notices (PINs) - requirements WHS Act s209, 97-99

12. Requirements under the WHS Act relating to a PIN include: request for review by the person to whom the PIN was issued; inspector’s review; and possible outcomes of a review by an inspector. Fact Sheet 6 provides a flowchart for the issuing of PINs and some additional information on the requirements for PINs. Review of Provisional Improvement Notices (PINs) WHS Act s100-102

13. Module 6- Activity 2 - • The facilitator will divide the group into smaller groups to review the scenarios and determine what information the HSR would include in the sample PIN. • The group will come back together to discuss the answers.