WorkSafe inspectors have the legal right to enter any workplace at any time where workers perform their work or are likely to be in the course of their work. This includes but is not limited to vehicles, vessels, aircraft or any other mobile structure. This right means that inspectors have unrestricted access to workplaces, except for when there is a statutory restriction or limitation.
Reasons for entering a workplace
The reasons an inspector may visit a workplace include:
- an industry compliance campaign identifies specific industries or hazards using industry-based statistics. Some of these investigations are based upon workers’ compensation claims, while others involve a formal program of visits and follow-ups
- workplace accident investigations undertaken to understand what occurred, why it happened, and how to prevent similar incidents from recurring. If there has been a serious accident or death, a report is prepared
- investigation of reported breaches of the Work Health and Safety Act 2020 (WHS Act), and Work Health and Safety (General) Regulations 2022 (regulations) based upon complaints to WorkSafe
- review of a provisional improvement notice (PIN)
- resolution of issues where a person conducting a business or undertaking (PCBU), a worker or their representative has notified WorkSafe of an unsuccessful attempt to resolve a safety and health issue in accordance with the WHS Act
- PCBU has notified the regulator of a notifiable incident
- proactive inspections initiated by inspectors during their field activities to investigate and identify potential hazards
- follow-ups to ensure compliance with improvement or prohibition notice
- inspections required by regulation such as machinery and plant, scaffolding and some hazardous operations.
Learn more about the role of WorkSafe inspectors and WorkSafe's enforcement, offences and penalties.
Read more on the global code of integrity for labour inspection. This code designed to support the achievement of a high standard of professional and ethical conduct by all employees in labour inspection systems and services.