What Can Happen If SafeWork NSW Visits My Business?

Short answer

A visit from a SafeWork NSW Inspector does not automatically mean your business is in trouble.

Inspectors may attend after an incident, a complaint or as part of a targeted injury prevention program such as targeting falls from heights. Their role includes providing information and advice to educate first, helping businesses reduce risk and checking whether workplace health and safety obligations are being met.

Where necessary, they can issue notices, fines or begin an investigation.

The best approach is to follow the legislation and approved Codes of Practice in relation to managing risk, rather than waiting for an Inspector to knock on your door. Businesses need to understand their workplace risks, consult with their teams, and take reasonable steps to control them and keep appropriate evidence demonstrating that controls are in place.

Why would SafeWork NSW visit my business?

SafeWork NSW says an Inspector may visit a workplace in response to:

• an incident
• a complaint
• a request for advice
• a targeted injury prevention program.

A visit therefore does not necessarily mean that an offence has happened.

SafeWork Inspectors have both an education and enforcement role. They may explain legal requirements, provide practical advice and help businesses understand how risks can be eliminated or reduced.

What happens when an Inspector arrives?

The Inspector will generally assess the issue that brought them to the workplace before deciding what action, if any, is required.

They may speak with workers, managers or Health and Safety Representatives and examine relevant areas of the workplace.

SafeWork says Inspectors consider factors including the seriousness of the issue, previous interactions with the regulator and the workplace's ability and willingness to implement effective WHS systems.

This is very important because the process is not automatically punitive.

SafeWork states that Inspectors aim to educate and provide advice, although enforcement action may be taken where circumstances require it.

What powers does a SafeWork NSW Inspector have?

SafeWork Inspectors have significant powers when carrying out their duties.

They may:

• enter premises they reasonably believe are a workplace
• conduct interviews and make inquiries
• take photographs and recordings
• take measurements and samples
• examine and copy documents
• secure or seize evidence.

Businesses are expected to provide reasonable assistance and access during an inspection.

What can happen if they find a problem?

The response depends on what the Inspector finds. In some situations, advice may be enough.

Where corrective action is needed, an Inspector may issue an ‘Improvement Notice’ directing a business or person to address an identified issue.

Where an activity creates an immediate risk to health or safety, a ‘Prohibition Notice’ may be issued requiring that activity to stop.

Inspectors may also issue ‘Penalty Notices’ or commence a more detailed investigation where appropriate.

The seriousness of the risk and the circumstances surrounding it will influence the response.

Should I wait until SafeWork tells me something needs fixing?

No.

In our direct experience, test & tag providers will sometimes receive urgent requests from businesses wanting electrical equipment inspected and tested immediately. The reason for the urgency is not always told to us when the booking is made. Occasionally, it only becomes apparent once we arrive on site and a worker tells us that SafeWork NSW has recently visited.

That does not necessarily mean a fine or notice has been issued.

Sometimes the visit has simply prompted the business to address something that had previously been overlooked or deferred. We also occasionally see businesses respond immediately to a concern but fail to maintain the program afterwards.

The best approach is to identify risks before an incident occurs, put appropriate controls in place and keep records showing that those controls are being maintained.

For a broader explanation of SafeWork NSW electrical safety requirements and Test & Tag obligations, see our detailed guide to SafeWork NSW electrical safety penalties.