Victorian WorkCover
Authority Inspector Visit
Guidelines
1.
Purpose
To outline the process to be followed during a visit by a Victorian WorkCover Authority (VWA)
Health and Safety Inspector in Department of Education and Early Childhood Development
(DEECD) workplaces.
2.
Scope:
This procedure applies to DEECD schools and central and regional offices.
3.
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4.
References
Occupational Health and Safety Act 2004
Occupational Health and Safety Regulations 2007
Dangerous Goods Act 1985
Dangerous Goods (Storage and Handling Regulations) 2012
(Equipment) Public Safety Act 1994
WorkSafe Victoria Inspectors Guide 2012
Definitions
Health and Safety Positions appointed under the Occupational Health and Safety (OHS) Act
Inspector:
2004 and Equipment (Public Safety) Act 1994. Appointments may also be
made as an inspector or authorised officer under the Dangerous Goods
Act 1985.
Health and Safety An elected employee responsible for representing employees within a
Representative
Designated Work Group (DWG) on matters relating to OHS.
(HSR):
Incident:
An event that has led to or could have led to an injury. Incidents include
near misses, accidents and injuries.
Injury:
Physical damage or harm to a person (includes work-related illness).
Management OHS A position nominated by the Workplace Manager to oversee the
Nominee:
operational aspects of implementing health, safety and wellbeing
initiatives, policies and procedures.
Workplace
Manager:
5.
The Manager or Principal responsible for the school, central office,
regional office or other DEECD workplace.
Responsibility
The Workplace Manager and/or Management OHS Nominee are responsible for:
 checking the identification of the Health and Safety Inspector;
 answering any questions asked by the Health and Safety Inspector; unless the information will tend
to incriminate him or her;
 producing any documentation requested by the Health and Safety Inspector;
 allowing the HSR to accompany a Health and Safety Inspector during an inspection of the
workplace;
 preserving the site/area if the visit is in response to an incident if it is not causing a risk to any
persons or as directed by the VWA.
Employees are responsible for:
 reporting hazards and incidents in the workplace to the Workplace Manager and on eduSafe;
 cooperating with any agreed actions taken by the employer to comply with the OHS Act 2004;
Central Office Use Only
Issue Date: July 2013
Last Reviewed: July 2014
Next Review Date: July 2016
No. DEE ESWB-06-1-5
Authorised by: Manager ESWB
THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED
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Victorian WorkCover
Authority Inspector Visit
Guidelines
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answering any questions asked by the Health and Safety Inspector, unless the information will tend
to incriminate him or her;
producing any documentation as requested by the Health and Safety Inspector;
N.B: May request the presence of the HSR/union/legal representative when question by a VWA Health
and Safety inspector, if concerned.
Health and Safety Representative is responsible for:
 communicating employee views and concerns about health and safety to the Workplace
Manager and/or Management OHS Nominee;
 using the OHS issue resolution process to resolve health, safety and wellbeing issues;
 following HSR responsibilities and powers as outlined in the OHS Responsibilities Procedure;
N.B: a HSR May request the presence of the Workplace Manager/union/legal representative when
question by a VWA Health and Safety inspector, if concerned.
6.
The Victorian WorkCover Authority
The Victorian WorkCover Authority (VWA) is the regulator of OHS law in Victoria. The VWA has the
power to enforce the OHS Act 2004, Dangerous Goods Act 1985, and (Equipment) Public Safety
Act 1994 and associated safety regulations. The aim of the VWA is to reduce workplace incidents,
injuries, disease and death.
6.1
Reasons for a VWA Health and Safety Inspector Visit
A VWA Health and Safety Inspector has the authority under Victorian law to enter any workplace
during working hours in response to a:
 breach of the OHS Act 2004;
 reports of unsafe working conditions;
 warrant issued by a magistrate;
 disputed Provisional Improvement Notice (PIN) issued by a HSR, refer to section 6.6.1 of the
OHS Consultation and Communication Procedure;
 specific VWA project (e.g. Manual Handling);
 notifiable incident.
A VWA Health and Safety Inspector must:
 provide the Workplace Manager, Management OHS Nominee and/or HSR with identification
prior to inspecting the site; and
 warn the person that it is an offence to refuse or fail to comply with the requirement to produce a
document or answer questions, unless the answering of the question or production of the
document will tend to incriminate him or her.
A DEECD employee is not liable to be prosecuted for an offence if the Health and Safety Inspector
concerned has failed to comply with the above. However it is an offence to refuse entry or
assistance to a VWA Health and Safety Inspector, intentionally hinder or obstruct inspectors in the
course of their duties including concealing locations or items.
For further information or assistance please contact the OHS Advisory Service on Ph. 1300 074
715 or e-mail safety@edumail.vic.gov.au.
6.2 Site Preservation
The site of the notifiable incident must not be disturbed, until a VWA Health and Safety Inspector
arrives or directs otherwise at the time of notification, unless there is a need to:
Central Office Use Only
Issue Date: July 2013
Last Reviewed: July 2014
Next Review Date: July 2016
No. DEE ESWB-06-1-5
Authorised by: Manager ESWB
THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED
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Victorian WorkCover
Authority Inspector Visit
Guidelines
 protect the health and safety of a person;
 aid an injured person involved in an incident;
 take essential action to make the site safe or to prevent any recurrence of an incident.
6.3
Authority of a VWA Health and Safety Inspector
A VWA Health and Safety Inspector has the authority to:
 dispute an Issued Provisional Improvement Notice issued by a HSR;
 obtain names and addresses;
 conduct interviews and make enquiries;
 take photographs, recordings or measurements;
 take items or possessions as evidence after notifying a DEECD employee of ;
 require the production of, examine and copy documents;
 call in technical or scientific experts, interpreters or police officers;
 cease work.
The VWA Health and Safety Inspector is to provide a written Entry Report to the Workplace
Manager, Management OHS Nominee and/or HSR outlining:
 the purpose of the visit;
 times of entry and departure;
 summary of observations;
 descriptions of actions taken by inspector;
 powers exercised by inspector;
 whether photographs or recordings were taken.
6.4
Notices issued and by a VWA Health and Safety Inspector
If a VWA Health and Safety Inspector believes that there has been a breach of OHS law or there is
an immediate risk to health and safety, an immediate voluntary compliance may be issued (i.e.
where the Workplace Manager makes a promise to fix the problem) and the Inspector takes no
further action (i.e. not issue an improvement notice). However, a VWA Health and Safety Inspector
also has the authority to issue one the following notices:
Notice Type
Description
Improvement Notice
A written direction requiring a person to fix an issue within a specified
time frame. The Health and Safety Inspector will specify on the notice
what must be done to comply with the law and how to remedy the issue.
The person who receives the notice is responsible for dealing with the
immediate risk and achieving compliance with legislation.
Prohibition Notice
A written direction prohibiting any activity that will, or is likely to involve
an immediate risk to the health and safety of any individual. If a
prohibition notice has been issued, the prohibited activity cannot
recommence until an Inspector certifies in writing that the risk has been
remedied
Non-disturbance
Notice
A written direction given by an Inspector to prevent disturbance to an
incident scene.
The Workplace Manager is to put in place corrective measures to remedy the contravention
indicated in the notice within the specified time frames. A copy of all notices issued by a VWA
Health and Safety Inspector, as listed above, are to be forwarded to the OHS Advisory Service via
Central Office Use Only
Issue Date: July 2013
Last Reviewed: July 2014
Next Review Date: July 2016
No. DEE ESWB-06-1-5
Authorised by: Manager ESWB
THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED
Page 3 of 4
Victorian WorkCover
Authority Inspector Visit
Guidelines
e-mail safety@edumail.vic.gov.au and seek assistance on 1300 074 715, if required.
The notice must be displayed on the OHS Notice Board
Central Office Use Only
Issue Date: July 2013
Last Reviewed: July 2014
Next Review Date: July 2016
No. DEE ESWB-06-1-5
Authorised by: Manager ESWB
THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED
Page 4 of 4