How to turn Improvement Notices from WorkSafe into a positive experience

What improvement notices actually mean

An improvement notice is a WorkSafe inspector telling you in writing that they reasonably believe you're breaching the Health and Safety at Work Act or its regulations (or are likely to). It has to name the provision involved, briefly explain how it's being breached and give you a reasonable period to put it right. It can also include recommendations on how to fix the problem.

That's not a prosecution and it won't close your business, however it isn't optional either: miss the deadline and the failure to comply is an offence in its own right, with fines of up to $50,000 for an individual and $250,000 for a business.

Responding to improvement notices: what one business did

The call came from a business that had grown fast, more staff and more work than ever. Its health and safety system hadn't kept pace. An inspection had ended with improvement notices and a tight deadline to put things right. The owners were worried about what would happen if they missed it.

We started with a clear safety improvement plan where every action had an owner and a date that sat inside the deadline, along with a picture of what good would look like once the work was done. Specialists came in for the technical fixes and the safety management system was updated to match. That way the paperwork described what was actually happening on the floor.

Fixing the kit wasn't enough on its own, the whole team needed to understand what was changing and why. We ran safety talks with everyone and the people doing the work had a say in how it got done.

When the inspector came back they were satisfied the notices had been complied with. More importantly the business now had a system built to keep up as it grew.

What to do when you receive improvement notices

• Read every notice closely: the provision it names, how the inspector says it's being breached and the date you need to comply by.

• Treat any recommendations as a strong steer, they aren't binding but the inspector is showing you what good looks like.

• Build a plan that gives every action an owner and a date inside the compliance period.

• Bring in the right expertise for the technical fixes and update your system so it reflects the change.

• Talk to your team early, they'll see gaps you can't.

• If you genuinely can't make the date, ask the inspector for an extension before the period ends. An inspector can only extend it while it's still running and any extension has to be given to you by written notice.

Why improvement notices often follow growth

Don't wait for an inspector to knock on your door to find out your safety system has fallen behind. If your business is growing the system needs to grow with it. The gap between the two is often where improvement notices come from.

Improvement Notices and Ownership That Survives Pressure

In Raise the Standard I describe accountability as ownership that survives pressure. It's the second element of S.A.F.E.T.Y. and improvement notices test it harder than almost anything else. An inspector's deadline is pressure you can't negotiate away.

Every action on the plan needs a name beside it and that name has to belong to someone with the authority and the time to get it done. When a notice arrives the temptation is to hand the whole lot to the health and safety person or whoever happened to be on site that day. The ownership looks settled on paper, however it won't hold once the day job starts pushing back.

Spread the actions across the people who actually control the work and have someone senior check progress well before the compliance date. That way the fix is still standing long after the inspector's return visit.

If you're a director or senior leader, the free Officer Due Diligence Check helps you test whether you'd know about a gap before an inspector found it. Officers carry their own due diligence duty under the Health and Safety at Work Act 2015 and part of that duty is checking the business's processes are actually being used.

Frequently Asked Questions About Improvement Notices

What happens if you don't comply with an improvement notice?

Failing to comply within the period the notice sets is an offence under section 103 of the Health and Safety at Work Act 2015. The maximum fine is $50,000 for an individual and $250,000 for any other person including a company. Not following the inspector's recommendations isn't an offence in itself, however you still have to fix the breach the notice names.

What is the difference between an improvement notice and a prohibition notice?

An improvement notice gives you a reasonable period to fix a breach or a likely breach of the Act or its regulations. A prohibition notice is the urgent one. It's issued where an inspector believes an activity involves or will involve a serious risk to health or safety from immediate or imminent exposure to a hazard. The notice stops the activity or changes how it can be done until the risk is dealt with.

Can you challenge an improvement notice?

Yes, an improvement notice is a reviewable decision under the Health and Safety at Work Act 2015. The person it was issued to can apply to WorkSafe for an internal review within the time allowed and WorkSafe says reviews are completed within 14 days. WorkSafe's policy is that the notice stays in effect until the review is complete unless you've also asked for it to be stayed.