At any time without prior notice, WorkSafe inspectors have the right to enter any place they reasonably suspect is a workplace. This includes, but is not limited to vehicles, vessels, aircraft or any other mobile structure. WorkSafe inspectors may conduct an inspection as part of an investigation at a workplace to determine the cause of an incident and to assess compliance with work health and safety (WHS) laws. They may also conduct an investigation to determine an appropriate action to enforce compliance with WHS laws.
Upon entering a workplace, an inspector will take reasonable steps to notify the relevant person conducting a business or undertaking (PCBU), the person with management or control of the workplace and any health and safety representative (HSR) representing workers at that workplace of their presence. An HSR has the right to accompany an inspector during an inspection where reasonably practicable.
WorkSafe priorities
When an inspector visits a workplace, they will conduct an inspection focusing on WorkSafe’s priority areas relevant to that workplace. 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.
During a workplace inspection, if an inspector finds any activity that poses serious risk to health and safety, or if any WHS Act provisions are being breached, they may issue a prohibition notice or an improvement notice.
Issued notices need to be displayed in a prominent place at or near the workplace until compliance is achieved. The person to whom the notice was issued must comply within the period specified on the notice.
During an inspection, an inspector may also seize anything that is considered evidence. They also have the authority to dismantle plant or structures as they consider necessary. Upon completion of the inspection, the inspector will inform the PCBU, the person with control or management of the workplace and any relevant HSRs if there is to be any further action taken by the inspector.
Learn more about work health and safety enforcement, offences and penalties.