SAFETY INSPECTOR CHECKLIST
What To Do When An Inspector Comes Knocking
A visit from a work health and safety (WHS) inspector may occur for a range of
reasons, including:
•
•
following a workplace incident
•
as part of a regulator’s industry specific or plant/equipment target programs
•
as part of a regulator’s random inspection program.
Inspector enters the workplace
Whatever the catalyst for the visit, it is important in house lawyers, safety personnel
and managers understand the extent of WHS inspectors’ powers to ensure legislation
is complied with, and to protect the rights of individuals and the company.
•
Allow entry, provide PPE and
conduct induction if necessary.
Accompany inspector at all
times – appoint a management
representative.
Inspector powers when at workplace
• Inspect, examine and make enquiries.
• Bring equipment or material to the workplace (to assist in the investigation).
If A Serious Workplace Incident Occurs
1
Ensure Safety
of workers and others.
Preserve incident site
(eg cordon off the
area).
2
Notify Regulator
if required, of the
incident by telephone
immediately and in
writing within 48 hours.
• Seize anything that constitutes evidence of an offence (including documents) and conduct
further examinations.
3
• Take photographs, measurements or make recordings.
Control
Communications
• Require any person to answer questions and provide their name and address (see below).
• Require any person to provide reasonable assistance or help to exercise their powers.
• Issue a statutory notice.
Avoid unnecessary
written communications
about the incident.
Seek legal advice if unsure.
WHS Regulators conducted 135,000 workplace
Documents
Answering Questions
Notices
Where inspector intends
to inspect or seize a
document, encourage the
inspector to formalise the
request in writing.
Request that any questions the
inspector asks are formalised
and accompanied by a warning
regarding compliance.
Review any notices
issued (prohibition/
improvement/
non-disturbance).
In VIC & SA
Other Jurisdictions
A person (but not a
corporation) may refuse
to answer questions
or otherwise provide
information on the grounds
that doing so may tend to
incriminate them personally.
Even if the answer may
incriminate a person, they must
still answer the question. Their
answer cannot be used against
them in later proceedings.
If practicable, enhance
systems and procedures
in accordance with the
notice.
visits and handed out nearly 47,000 notices
across Australia in 2012–13.
K&L Gates’ team of WHS lawyers offer a 24/7 incident response service to provide
clients with immediate, on site legal support and advise on rights and responsibilities
following an incident or visit by a WHS inspector.
Do not volunteer information.
Ensure information is only
provided under compulsion.
If not practicable,
consider appeal options.
Seek legal advice if
unsure.
Learn more about our Labour Employment and Workplace Safety at klgates.com or contact any of the following WHS lawyers:
Melbourne
Nicole Fauvrelle
nicole.fauvrelle@klgates.com
+61.3.9640.4326
+61.427.222.849
Sydney
John Makris
john.makris@klgates.com
+61.2.9513.2564
+61.439.003.138
Brisbane
Robert King
robert.king@klgates.com
+61.7.3233.1265
+61.477.577.019
Penny Stevens
penny.stevens@klgates.com
+61.3.9640.4274
+61.427.236.946
Gerard Phillips
gerard.phillips@klgates.com
+61.2.9513.2561
+61.419.228.546
Gina Carosi
gina.carosi@klgates.com
+61.3.9205.2064
+61.416.548.767
John Rodney
john.rodney@klgates.com
+61.2.9513.2313
+61.418.274.309
Perth
Duncan Fletcher
duncan.fletcher@klgates.com
+61.8.9216.0923
+61.407.060.959
Sam Jackson
sam.jackson@klgates.com
+61.3.9640.4336
+61.407.809.240
Erica Elliott
erica.elliott@klgates.com
+61.2.9513.2346
+61.414.985.352
Anchorage
Austin
Fort Worth
Frankfurt
Orange County
Beijing
Harrisburg
Palo Alto
Paris
Berlin
Boston
Hong Kong
Perth
Brisbane
Houston
Pittsburgh
Brussels
London
Portland
Charleston
Los Angeles
Raleigh
Charlotte
Melbourne
Miami
Research Triangle Park
Chicago
Milan
Dallas
Moscow
San Francisco
Doha
Newark
São Paulo
Dubai
New York
Seattle
Seoul Shanghai Singapore Spokane Sydney Taipei Tokyo Warsaw Washington, D.C. Wilmington
K&L Gates comprises more than 2,000 lawyers globally who practice in fully integrated offices located on five
continents. The firm represents leading multinational corporations, growth and middle-market companies, capital
markets participants and entrepreneurs in every major industry group as well as public sector entities, educational
institutions, philanthropic organizations and individuals. For more information about K&L Gates or its locations,
practices and registrations, visit klgates.com.
This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard
to any particular facts or circumstances without first consulting a lawyer.
©2014 K&L Gates LLP. All Rights Reserved.