Purpose
To outline the powers and authority exercised by WHS Permit Holders when entering a Company workplace.
Scope
This policy applies to authorities exercised by WHS Permit Holders when entering a Company workplace.
Policy Statement
Definitions
Inspector – a person who is appointed under the Work Health and Safety Act 2011 as an Inspector for the purpose of administering the Work Health and Safety Act 2011, associated regulation and various Codes of Practice and Standards.
Workplace – a workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work.
Place – includes- a vehicle, aircraft or other mobile structure and any waters and any installation on land, on the bed of any waters or floating on any waters.
Worker – a worker is a person who carries out work in any capacity for a PCBU in its workplace, including; an employee of the PCBU, a contractor or subcontractor, an employee of a contractor or subcontractor, an employee of a labour-hire company who has been assigned to work in the PCBU, an out-worker, an apprentice or trainee, a student gaining work experience or a volunteer.
PCBU – person conducting business or undertaking.
Guidelines
General Powers of Entry
Subdivision 1 General powers of entry of the Work Health and Safety Act 2011 outlines that an Inspector may enter a place:
163 Powers of entry
- An inspector may at any time enter a place that is, or that the inspector reasonably suspects is, a workplace.
- An entry may be made under subsection (1) with, or without, the consent of the person with management or control of the
- workplace.
- If an inspector enters a place under subsection (1) and it is not a workplace, the inspector must leave the place immediately.
- An inspector may enter any place if the entry is authorised by a search warrant.
Note— An inspector may enter residential premises to gain access to a workplace (see section 170(c)).
Subdivision 3 Limitation on entry powers
170 Places used for residential purpose
Despite anything else in this division, the powers of an inspector under this division in relation to entering a place are not exercisable in relation to any part of a place that is used only for residential purposes except—
- with the consent of the person with management or control of the place; or
- under the authority conferred by a search warrant; or
- for the purpose only of gaining access to a suspected workplace, but only
Specific Powers of Entry of an Inspector, into a Workplace
Subdivision 4 Specific powers on entry of the Work Health and Safety Act 2011 outlines
The Inspector may:
- Require a person to tell the inspector who has custody of, or access to, a document; or
- Require any person who has custody of, or access to, a document to produce that document to the inspector while the inspector is at that workplace or within a stated period; or
- Require a person at the workplace to answer any questions put by the inspector, photograph or film any part of the place or anything at the place; or
- Make copies of, or take extracts from, a document given to the inspector under a requirement under the Act and keep that document for the period that the inspector considers necessary.
- An inspector who enters the workplace under the Act may do all or any of the following:
- Inspect, examine and make enquiries at the workplace;
- Inspect and examine anything, including a document at the workplace;
- Bring to the workplace and use any equipment or materials that may be required;
- Take measurements, conduct tests and make sketches or recordings, including photographs, films, audio, video, digital or other recordings;
- Require a person at the workplace to give the inspector reasonable help to exercise the inspector’s powers and exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for the purpose of the Act.
Seizures of Assets, Plant or Equipment in the Workplace
If an Inspector who enters a workplace reasonably believes that the workplace, or part of the workplace, or plant or a substance at the workplace is defective or hazardous to a degree likely to cause serious bodily injury or work caused illness, the Inspector may seize the place, part, plant or substance.
The inspector will give you a receipt for anything he/she seizes.
Requests for Information (RFI) by Inspectors
Are you required to provide information to a WHS Inspector? YES! But the following applies:
- If an Inspector finds a person committing an offence against the Work Health and Safety Act 2011 or the Inspector finds a person in circumstances that lead or has information that leads the Inspector to reasonably suspect the person has just committed an offence against the Act at the workplace.
- The Inspector may require the person to state their name and residential address.
- When making the requirement, the Inspector must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.
- The Inspector may require the person to give evidence of the correctness of the stated name or address.
- If a person does not comply with this request, a penalty may be imposed. Maximum penalty – 100 penalty units or $10,000.
Offences relating to Inspectors
- A person must not intentionally hinder or obstruct an inspector in exercising his or her compliance powers or induce or attempt to induce any other person to do so. Maximum penalty – 100 penalty units or $10,000
- A person who is not an inspector must not, in any way, hold himself or herself out to be an inspector. Maximum penalty – 100 penalty units or $10,000
- A person must not directly or indirectly assault, threaten or intimidate, or attempt to assault, threaten or intimidate, an inspector or a person assisting an inspector. Maximum penalty – 500 penalty units ($50,000) or 2 years imprisonment.
Note: Indicating that ‘I am too busy’ is NOT a reasonable excuse.
Procedure for when a WHS Inspector Enters your Workplace
Inform your Supervisor immediately, in turn, the Supervisor will inform the Manager/Director and the SA.
A person must not:
- Assault, threaten, hinder, abuse, intimidate or otherwise obstruct an Inspector in the exercise of the Inspector’s duty.
- Fail to answer any questions or give false or misleading information to questions asked by the Inspector.
- Fail to produce information as requested.
- Directly or indirectly prevent any person from appearing or being questioned by an Inspector.
- Impersonate an Inspector.
Note: Union representatives are also entitled to enter the workplace during working hours to investigate a suspected breach of OHS legislation. The representative must hold a federal entry permit that they are required to show you when they enter your workplace.
IMPORTANT
If you fail to provide reasonable help to an inspector and do not have a reasonable excuse for doing so, you can be fined up to $10,000 and the PCBU can be fined up to $50,000.
Failing to follow a lawful direction by an inspector or deliberately obstructing an inspector in the course of their duties are criminal offences under the Work Health and Safety Act. Always be courteous to inspectors. If you have any concerns about an inspector’s activities, inform your supervisor.
Documentation
All relevant organisational inspections, safety documents