Must my employer pass on the inspector's paperwork?

Or do I have to ask?

Under Part 9 of the 2004 OHS Act, any inspector who enters a workplace must give a report of the visit directly to the representative/s of any affected Designated Work Group/s. Therefore, there should never be a situation where the employer has paperwork and the rep doesn't.

The report must be given to the rep/s when the inspector leaves the workplace, or as soon as practicable after leaving it. The inspector should not give the report to the employer and expect/request that this be passed on to any concerned OHS reps. The report must be in writing and must include:

  • the time of entry and departure; and
  • the purpose of the entry; and
  • a description of the things done while at the place; and
  • a summary of the inspector's observations while at the place; and
  • the procedure for contacting the Authority and the inspector for further details of the entry; and
  • the procedure for seeking review of any decision made by the inspector during the entry.

If for some reason the inpsector does not give a copy directly the the rep, then the rep should contact WorkSafe (and the union). It may be that the inspector mistakenly believed that there were no elected reps at the workplace.

Last amended June 2013