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On 11 April 2019 the Australian Government assumed a caretaker role, with an election to be held 18 May 2019.
Information on websites maintained by Comcare will be published in accordance with the Guidance on Caretaker Conventions until after the election and conclusion of the caretaker period.
Issuing a Provisional Improvement Notice (PIN)
When a PIN may be issued
A PIN may be issued by a HSR where they reasonably believe an operator is contravening, or has contravened, the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act) or the Occupational Health and Safety (Maritime Industry) Regulations 1995 (the Regulations), and the contravention affects or may affect employees in the HSRs work group.
Steps to be taken prior to issuing a PIN
Prior to a PIN being issued, a HSR must first consult with the person supervising the work performed and attempt to reach agreement on rectifying or preventing the contravention. If the HSR and supervisor fail to reach an agreement then the HSR must, as the next step prior to issuing a PIN, consult with the person in command in an attempt to reach agreement on rectifying the contravention.
If a HSR thinks that agreement on rectifying or preventing the contravention is not reached within a reasonable time, the HSR may issue a PIN to the person in command.
Issuing a PIN
The form for a PIN can be found in the Schedule to the Regulations. PINs should be issued to the person in command and must specify:
- Which part of the OHS(MI) Act or Regulations is being contravened or is likely to be contravened;
- The reasons the OHS(MI) Act or Regulations are being contravened or are likely to be contravened; and
- Specify a period of not less than seven days after the PIN is issued in which the person in command is to take action in relation to the contravention.
A HSR may, if appropriate, extend the time period specified in the PIN. This must be done in writing before the expiry date originally specified.
The HSR should keep a copy of the PIN and notify the Inspectorate that a PIN has been issued.
Steps to be taken by the person in command
Once a person in command has received a PIN, they must take the following steps:
- Provide a copy of the PIN to the owner of any workplace, plant, substance or thing to which the PIN relates;
- If the PIN relates to a contravention of the OHS(MI) Act or Regulations by a contractor, provide a copy of the PIN to that contractor,
- Notify each employee affected by the issue of the PIN;
- Ensure a copy of the PIN is displayed in a prominent place at, or near, each workplace subject to that PIN until the PIN ceases to have effect;
- To the extent possible, comply with the PIN; and
- Take reasonable steps to inform the HSR who issued the PIN of the action taken to comply with the PIN.
PINs disputed or not complied with
A PIN cannot be ignored. Where a PIN is not resolved, the Inspectorate should be contacted either by the HSR (if the person in command does not take action within the specified timeframe) or the person in command (if they wish to dispute the PIN).
Further information on issuing a PIN, including the responsibilities of parties, what to do if a PIN is disputed or not complied with and examples of scenarios and completed PIN, can be found in the HSR Handbook.