More Inspectors Hit The Road – Are You Ready?

WorkSafe Victoria recently added 22 new Inspectors whilst 3 new Inspectors have been added by WorkSafe in the ACT. The bottom line is that each State in Australia has a regulating body who manages compliance of the WHS/OHS laws and an Inspector could visit your workplace at any time. The question is, are you ready for them?

Inspectors can visit your workplace with or without prior notice and obtain access with consent, the use of force or through a search warrant. They also have the powers to speak with your employees and authorised officers to gain information relating to your business and activities.

WorkSafe Inspectors Have The Authority To:

• Access names and addresses
• Conduct interviews and make enquiries
• Take photographs, recordings and measurements
• Take possession of items for examination, testing or use as evidence
• Take samples of substances or objects
• Examine and copy documents

It’s worth remembering that failure to comply or provide assistance to an Inspector can lead to fines and penalties being issued and even prosecution, for both individuals and businesses. In Victoria alone, WorkSafe Inspectors make more than 40,000 visits and issue more than 16,000 notices for breaches in relation to occupational health and safety in one year.

Options Available To Inspectors

If your workplace is not complying with the OHS Regulations, Inspectors are able to issue:

• Improvement Notices requiring you to fix any issues that have been identified within a specific time frame
• On the spot Fines for breaches of the law
• Prohibition Notices, which means closing part of or the entire workplace because the environment is unsafe and considered an immediate risk to health and safety. Breaches of a Prohibition Notice can lead to prosecution in court and significant fines and penalties.
• Criminal Proceedings that could potentially carry prisons sentences as well as significant fines and penalties

Each State Authority targets various industries throughout the year but, again, may visit your workplace at any time without any notice. For example, WorkSafe Victoria is targeting farms in November.  In July and August they were focussing on construction sites. WorkSafe WA targeted the accommodation industry and the goods and equipment rental and hire industry in 2016 whilst the ACT and NSW joined forces to improve construction industry safety. They could target your industry at any time!

The best way to prepare yourself for any surprise visits is to make sure you are compliant with all the legislation in your State and to regularly review and update your OHS/WHS management system. Find the hazards, assess the risks and fix the problems. It’s that easy.