If you haven’t already been visited by a WorkSafe or WorkCover Inspector, there is a strong likelihood that it will happen sometime in the future. The inspections are random, but campaigns may focus on specific industries, risk areas and/or suburbs.
What are Inspectors looking for?
When conducting random inspections, an Inspector’s primary functions are to ensure that you are compliant with relevant laws and not placing employees at unacceptable risk. This article is not aimed at Inspector visits due to incidents or emergency situations.
During a random visit, Inspectors may:
- Conduct inspections referring to relevant OH&S Acts and Regulations and provide guidance on compliance;
- Highlight deficiencies in compliance with relevant Acts & Regulations;
- Issue Provisional Improvement Notices (PIN) or Prohibition Notices to ensure that necessary actions are undertaken to remedy contraventions.
Inspectors have a number of powers under legislation, including but not limited to, entry rights, requiring documents to be produced for assessment, ability to take photos/samples and interview employees.
How should l deal with an inspector?
Having dealt with numerous inspectors in my career, there are four actions I would encourage organisations to take:
- Be respectful and courteous
- Be open and honest when responding to their questions
- Introduce them to your Health & Safety Representatives (if applicable)
- If appropriate, show them initiatives you are implementing or have implemented to improve your businesses health & safety performance
It’s important to note that it is an offence to intentionally hinder, conceal anything from an inspector or prevent someone else assisting an inspector. Never threaten, intimidate or assault an inspector as this can lead to fines and even prison terms.
What happens when an inspector has concluded their visit?
Once an Inspector has concluded his/her visit, most will provide you with an entry/visit report (depending on jurisdiction). The entry report will outline details pertaining to their visit, including who they spoke with, what they observed and any contraventions of the relevant OH&S legislation making references to specific sections of the Act.
I’ve been issued with a notice – What now?
Not all inspections result in notices being issued. However, if you are issued with a notice, it will outline the contravention(s) observed, and applicable timelines for rectification. If you agree that the notice was fitting, start working on implementing suitable controls straight away. Keep details on any actions you have taken to remedy the breach as evidence e.g. photos, meeting minutes. Once you are satisfied that you have undertaken the necessary actions, contact the inspector to advise them.
However, if you believe that the decision of the inspector was not just, you have the right to apply for an internal review. Forms can be found on your respective regulator’s website. Note that there are set timelines for lodging such requests for review. You must also provide clear reasoning as to why you believe the notice should be reconsidered or revoked.
Can l prepare for visits?
The simple answer is YES. Don’t wait for an Inspector to visit your workplace before taking essential actions. There are numerous actions you can take today, and include:
- Understanding your health and safety obligations
- Conducting your own inspections
- Consulting with your employees and industry groups
- Developing and implementing action plans
- Employing the services of a third party health and safety professional
If you have any questions with relation to visits from Inspectors, have been issued with a notice, or have general health and safety questions, please feel free to contact us.
