❓ A WA parliamentary question addresses the accreditation of safety and health representative training, particularly union-provided courses, and seeks clarification on employer recourse for misuse of Provisional Improvement Notices (PINs). The answer outlines the existing accreditation system, planned amendments, and mechanisms to address PIN misuse.
AnsweredQoN 3184Legislative Assembly
QuestionView source ↗
(b) if the course is a union provided course, will each union provide their own training; (c) if yes, how will an accredited training formula be arrived at and will graduates of accredited training courses be required to undertake refresher courses on a regular basis; (d) if not, why not; and (e) what action can an employer take to recover costs if a PIN has been wrongly used as part of industrial action?
(c) if yes, how will an accredited training formula be arrived at and will graduates of accredited training courses be required to undertake refresher courses on a regular basis; (d) if not, why not; and (e) what action can an employer take to recover costs if a PIN has been wrongly used as part of industrial action?
(d) if not, why not; and (e) what action can an employer take to recover costs if a PIN has been wrongly used as part of industrial action?
(e) what action can an employer take to recover costs if a PIN has been wrongly used as part of industrial action?
The Commission has recently considered amendments to their guidelines which will in effect maintain the existing accreditation system. The Commission is also currently considering training requirements, including refresher training for existing Safety and Health representatives arising from the Occupational Safety and Health Legislation Amendment Bill 2004. (e) To ensure Provisional Improvement Notices (PINs) serve their intended function, amendments to the Act will include a number of controls on the right to issue a PIN and mechanisms to deal with inappropriate behaviour. A PIN is similar to an improvement notice issued by a WorkSafe inspector, except for its provisional nature. A PIN is not a prohibition notice. The Bill requires prior consultation when issuing a PIN, and the date by which compliance is required must be more than 7 days from the day the PIN was issued. This 7 day requirement allows the party who is the subject of the PIN, to exercise their right to seek a review by a WorkSafe inspector. Existing provisions of the Act address the potential for disqualification of safety and health representatives who misuse their powers. These provisions will apply equally to abuses of the power to issue PINs.
(e) To ensure Provisional Improvement Notices (PINs) serve their intended function, amendments to the Act will include a number of controls on the right to issue a PIN and mechanisms to deal with inappropriate behaviour. A PIN is similar to an improvement notice issued by a WorkSafe inspector, except for its provisional nature. A PIN is not a prohibition notice. The Bill requires prior consultation when issuing a PIN, and the date by which compliance is required must be more than 7 days from the day the PIN was issued. This 7 day requirement allows the party who is the subject of the PIN, to exercise their right to seek a review by a WorkSafe inspector. Existing provisions of the Act address the potential for disqualification of safety and health representatives who misuse their powers. These provisions will apply equally to abuses of the power to issue PINs.
Existing provisions of the Act address the potential for disqualification of safety and health representatives who misuse their powers. These provisions will apply equally to abuses of the power to issue PINs.
(c) if yes, how will an accredited training formula be arrived at and will graduates of accredited training courses be required to undertake refresher courses on a regular basis; (d) if not, why not; and (e) what action can an employer take to recover costs if a PIN has been wrongly used as part of industrial action?
(d) if not, why not; and (e) what action can an employer take to recover costs if a PIN has been wrongly used as part of industrial action?
(e) what action can an employer take to recover costs if a PIN has been wrongly used as part of industrial action?
The Commission has recently considered amendments to their guidelines which will in effect maintain the existing accreditation system. The Commission is also currently considering training requirements, including refresher training for existing Safety and Health representatives arising from the Occupational Safety and Health Legislation Amendment Bill 2004. (e) To ensure Provisional Improvement Notices (PINs) serve their intended function, amendments to the Act will include a number of controls on the right to issue a PIN and mechanisms to deal with inappropriate behaviour. A PIN is similar to an improvement notice issued by a WorkSafe inspector, except for its provisional nature. A PIN is not a prohibition notice. The Bill requires prior consultation when issuing a PIN, and the date by which compliance is required must be more than 7 days from the day the PIN was issued. This 7 day requirement allows the party who is the subject of the PIN, to exercise their right to seek a review by a WorkSafe inspector. Existing provisions of the Act address the potential for disqualification of safety and health representatives who misuse their powers. These provisions will apply equally to abuses of the power to issue PINs.
(e) To ensure Provisional Improvement Notices (PINs) serve their intended function, amendments to the Act will include a number of controls on the right to issue a PIN and mechanisms to deal with inappropriate behaviour. A PIN is similar to an improvement notice issued by a WorkSafe inspector, except for its provisional nature. A PIN is not a prohibition notice. The Bill requires prior consultation when issuing a PIN, and the date by which compliance is required must be more than 7 days from the day the PIN was issued. This 7 day requirement allows the party who is the subject of the PIN, to exercise their right to seek a review by a WorkSafe inspector. Existing provisions of the Act address the potential for disqualification of safety and health representatives who misuse their powers. These provisions will apply equally to abuses of the power to issue PINs.
Existing provisions of the Act address the potential for disqualification of safety and health representatives who misuse their powers. These provisions will apply equally to abuses of the power to issue PINs.
AnswerView source ↗
Answered
19 October 2004
Responded by
Minister for Consumer and Employment Protection
Response time
35 days
(a) to (d) Under existing provisions of the
Occupational Safety and Health Act 1984
, the Commission for Occupational Safety and Health accredits training courses for safety and health representatives. Under their guidelines, the Commission has accredited a range of private and public training providers.
The Commission has recently considered amendments to their guidelines which will in effect maintain the existing accreditation system. The Commission is also currently considering training requirements, including refresher training for existing Safety and Health representatives arising from the Occupational Safety and Health Legislation Amendment Bill 2004.
(e) To ensure Provisional Improvement Notices (PINs) serve their intended function, amendments to the Act will include a number of controls on the right to issue a PIN and mechanisms to deal with inappropriate behaviour. A PIN is similar to an improvement notice issued by a WorkSafe inspector, except for its provisional nature. A PIN is not a prohibition notice. The Bill requires prior consultation when issuing a PIN, and the date by which compliance is required must be more than 7 days from the day the PIN was issued. This 7 day requirement allows the party who is the subject of the PIN, to exercise their right to seek a review by a WorkSafe inspector.
Existing provisions of the Act address the potential for disqualification of safety and health representatives who misuse their powers. These provisions will apply equally to abuses of the power to issue PINs.
Occupational Safety and Health Act 1984
, the Commission for Occupational Safety and Health accredits training courses for safety and health representatives. Under their guidelines, the Commission has accredited a range of private and public training providers.
The Commission has recently considered amendments to their guidelines which will in effect maintain the existing accreditation system. The Commission is also currently considering training requirements, including refresher training for existing Safety and Health representatives arising from the Occupational Safety and Health Legislation Amendment Bill 2004.
(e) To ensure Provisional Improvement Notices (PINs) serve their intended function, amendments to the Act will include a number of controls on the right to issue a PIN and mechanisms to deal with inappropriate behaviour. A PIN is similar to an improvement notice issued by a WorkSafe inspector, except for its provisional nature. A PIN is not a prohibition notice. The Bill requires prior consultation when issuing a PIN, and the date by which compliance is required must be more than 7 days from the day the PIN was issued. This 7 day requirement allows the party who is the subject of the PIN, to exercise their right to seek a review by a WorkSafe inspector.
Existing provisions of the Act address the potential for disqualification of safety and health representatives who misuse their powers. These provisions will apply equally to abuses of the power to issue PINs.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.