A WorkSafe inspector showing up at your front door is stressful for most employers. It doesn't need to be. Knowing what triggers a visit, what the inspector is looking for, and what your rights and obligations are during the process takes most of the anxiety out of it.
Why would WorkSafe attend my workplace?
There are several reasons an inspector might turn up:
Complaint or request. Any person, including an employee, a health and safety representative (HSR), or a member of the public, can ask WorkSafe to send an inspector to a workplace. The complaint may be anonymous. WorkSafe is not required to tell you who made the complaint, and it doesn't matter, WorkSafe just wants to make sure the business is safe.
Notifiable incident. If a workplace incident results in death, serious injury, or a dangerous occurrence, the employer must notify WorkSafe immediately. An inspector might attend.
Provisional improvement notice (PIN). If an HSR has issued a PIN and the employer has requested an inspector to review it, WorkSafe will attend to confirm or cancel the notice.
Proactive inspection. WorkSafe runs targeted inspection campaigns focused on specific industries, hazard types, or compliance areas. You may be selected as part of a broader program, for example, a campaign targeting psychosocial hazards in healthcare or construction safety in small builders.
Follow-up. If you've previously received a notice or been the subject of an investigation, WorkSafe may return to check compliance.
Do they need to give me notice?
No. Under the OHS Act, an inspector can enter and inspect any workplace at any reasonable time without prior notice. They do not need an appointment, a warrant, or your permission.
When they arrive, the inspector will identify themselves and show their authorisation. It's reasonable to ask to see their ID. It is not reasonable to refuse them entry.
What happens during an inspection?
A typical inspection involves the inspector walking through your workplace, observing work being performed, speaking with workers and managers, and reviewing documents. They may ask to see:
- Your safety management system or OHS policies
- Risk assessments and hazard registers
- Incident and injury records
- Training records
- Evidence of consultation with workers and HSRs
- Specific procedures relevant to hazards they're interested in
The inspector may also examine plant and equipment, check chemical storage and labelling, observe work practices, and take photographs.
What are my obligations during the visit?
You must cooperate with the inspector. That means:
- Allowing them access to the workplace
- Answering their questions (unless it would be self-incriminating)
- Producing documents they request
- Not obstructing or hindering them in the performance of their duties
Obstructing an inspector is an offence under the OHS Act.
What are my rights during the visit?
You also have rights:
- You can ask the inspector to explain the reason for their visit
- You can have a representative present during the inspection (but you cannot delay the inspection unreasonably to wait for one)
- You can ask questions about anything the inspector identifies
- If an inspector issues a notice, they must explain your right to have the notice reviewed by WorkSafe's Internal Review Unit (IRU)
- You are not required to answer questions that would incriminate you
What could happen after the visit?
Depending on what the inspector finds, several outcomes are possible:
No further action. The inspector is satisfied with what they see. They may offer verbal advice or suggestions but take no formal action.
Advice and guidance. The inspector identifies minor issues and provides written or verbal guidance on how to address them.
Improvement notice. The inspector identifies a contravention of the OHS Act or Regulations and issues a notice requiring you to fix it within a specified timeframe. The timeframe is determined by the inspector, in consultation with the employer, and depends on how big the project is and the level of risk to employees.
Prohibition notice. The inspector identifies an activity that involves an immediate risk to health or safety and issues a notice requiring you to stop the activity immediately. You cannot resume until the notice is lifted.
Non-disturbance notice. The inspector requires a scene or site to be preserved. Nothing moved, altered, or interfered with, for the purposes of an investigation.
Investigation and prosecution. For serious matters, WorkSafe may commence a comprehensive investigation that could lead to prosecution. This is more likely where there has been a death, serious injury, or a pattern of non-compliance.
How to prepare
You cannot predict when an inspection will happen, but you can be ready for one at any time:
- Keep your safety documentation current and accessible
- Ensure whoever is on site can locate your OHS policies, risk assessments, and incident records
- Make sure workers know they have a right, and an obligation, to speak with inspectors
- Address known hazards before the regulator identifies them for you
- If you have an HSR, ensure they are involved in safety decisions and consultation
The single most common problem inspectors encounter is not a dangerous workplace, it's an employer who cannot demonstrate what they've done to manage risks. Documentation matters.