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.
Upon entering a workplace, an inspector must take all reasonable steps to notify the person conducting a business or undertaking (PCBU), the person with management or control of the workplace and any health and safety representative (HSR) for that workplace of their presence on site as soon as practicable.
When an inspector visits a workplace, in most instances and where relevant, they will carry out an inspection focusing on WorkSafe’s priority areas. They will also consider other hazards observed during the inspection. WorkSafe’s priority areas include:
- mobile plant (any piece of work equipment, appliance, vehicle, container, implement or tool that is self-propelled and controlled by an operator; e.g. forklifts, mobile cranes, earthmoving machinery)
- psychosocial hazards
- manual tasks (particularly lifting)
- electricity
- working at height
- slips, trips and falls
- hazardous substances
- machine guarding.
Learn more about WorkSafe’s priority areas of focus.
During an inspection, an inspector may take any equipment, materials or persons into the workplace to assist them in their inspection. They may also require additional assistance from the PCBU. This could include being accompanied during the inspection by the PCBU or their representative, health and safety representative (HSR) or, when there is no HSR present, a worker.
The inspector then conducts the examination and inquiry as necessary for the purposes of the Work Health and Safety Act 2020 (WHS Act) which may include:
- examining any plant, substance or thing
- taking possession of any plant or thing
- taking photos, measurements, sketches or recordings, and informing the PCBU and HSR of this, including when and where they may be viewed
- requiring the production of any document or extracts of documents
- examining and taking copies of documents
- providing information
- interviewing any person at the workplace and taking a statutory declaration from them. Interviews can be conducted in private or otherwise.
The inspector can also issue a non-disturbance notice to preserve and prevent disturbance of a particular site.
At the end of the inspection prior to leaving the site, the inspector will inform the PCBU and HSRs if they have taken any action or if they will be taking action.
An inspection by WorkSafe does not mean the workplace is approved or hazard-free.
Offences in relation to inspectors
It is an offence to obstruct or interfere with an inspector who is undertaking duties in accordance with the WHS Act. A person must not:
- hinder or obstruct an inspector in performing their duties nor encourage others to do so
- impersonate an inspector
- directly or indirectly assault, threaten, intimidate or harm an inspector or their assistant or even try to do so.
Learn more about the role of WorkSafe inspectors and WorkSafe's enforcement, offences and penalties.