Hi Renata – I’ve just learned that a WorkSafe inspector visited my warehouse and didn’t speak with any of the HSRs. How do we find out what the visit was for and if they addressed the manual handling issue that we have been raising with management?
When a WorkSafe inspector enters a workplace s.102 of the OHS Act requires them to produce their identification and to take all reasonable steps to notify ‘the occupier’ (usually the employer) and, if the members of a DWG are affected in any way by the entry, an HSR for that DWG. There are exceptions to this requirement if doing so would defeat the purpose for which the entry was made or would cause unnecessary delay.
HSRs are granted at s.58(1)(b) of the OHS Act the power to accompany an inspector during an inspection of a workplace at which a member of their DWG works.
Employers have an obligation at s.71 of the OHS Act to maintain an up-to-date list of HSRs and deputy HSRs for each DWG and to display a copy of that list at the workplace where it is readily accessible to all employees.
Those three provisions of the Act taken together suggest that HSRs can expect that inspectors will identify and contact the relevant HSR to participate in their site visit, but as you have experienced, the reality is not always that straight forward.
According to A guide for workplaces: How inspectors deal with specific issues Inspectors will advise relevant HSRs (if any) of their powers (under section 58 of the OHS Act) to accompany the inspector during the inspection and be present at any interview between the inspector and any member of their DWG (if that person consents to the HSR being present). That publication also states that inspectors should record in their inspector notebook the reasons for conducting an inspection without notifying the occupier and relevant HSRs or producing their inspector identity card, if that is what they have done.
The provisions of the Act and the policies of WorkSafe make clear that the intent is for inspectors to make contact with HSRs when visiting workplaces, but occasionally that does not happen. It may be that the inspector mistakenly believed that there were no elected HSRs at the workplace. HSRs report that some employers misrepresent HSR availability when inspectors arrive at their workplace, or that the list of HSRs maintained by the employer is not up to date, leading to a failure of inspectors to engage.
Once inspectors have exercised their power of entry at a workplace they are required at s.103 of the OHS Act to provide a report of their entry, which must include:
- time of entry and departure
- the purpose of the entry
- a description of things done while at the place (for example, the powers exercised)
- a summary of the inspector’s observations while at the place
- the procedure for contacting WorkSafe and the inspector for further details of the entry
- the procedure for seeking review of any decision made by the inspector during the entry (note this information is provided in the entry report template), and
- if any photographs, sketches or recordings were taken, a statement that advises that such have been taken and where they are or will be available for inspection.
In accordance with WorkSafe policy, the following should also be included in an entry report as is appropriate:
- summary of the representative arrangements in place, if any, and how they function
- promotion of consultation in accordance with Part 4 of the OHS Act
- verification that the list of HSRs for each DWG is current and displayed or otherwise readily accessible, and
- inspector identity card was shown.
The inspector’s entry report will generally be provided to the occupier of the premises and the HSR (if any) per s.103 at the conclusion of the inspection; that is, when the inspector is leaving the workplace. If it is not possible or appropriate to do so at that time, the entry report will be prepared off site and then provided to the parties by the end of the next business day (unless exceptional circumstances apply).
If an inspection occurs in your workplace and you have not been included, as an HSR you are entitled to request a copy of the inspector’s entry report, which can be obtained either from your employer or by contacting WorkSafe.
If you have not been contacted by the visiting inspector and have not received a copy of the inspector’s entry report within a few days you should contact your union immediately or contact the VTHC OHS Team for assistance.
To learn more about WorkSafe inspector site visits:
- What to expect when you're expecting a WorkSafe Inspector - OHS Reps
- Must my employer pass on the inspector's paperwork? - OHS Reps
- What if inspectors don't visit my workplace? - OHS Reps
- Inspectors and PINs - OHS Reps
- Health & Safety Representatives - your rights - OHS Reps
- What to expect if your workplace is inspected by WorkSafe | WorkSafe Victoria
- How inspectors deal with specific issues: A guide for workplaces | WorkSafe Victoria
If you have any questions about OHS we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!