WA WORKSAFE INSPECTORS’ POWERS WORKSAFE INSPECTORS ARE TRAINED TO ENFORCE THE OCCUPATIONAL SAFETY AND HEALTH ACT 1984 (WA) (“THE OSH ACT”), ASSIST WITH THE RESOLUTION OF ISSUES IN WORKPLACES AND PROVIDE ADVICE TO EMPLOYERS AND EMPLOYEES ON HOW TO IMPROVE WORKPLACE SAFETY AND HEALTH PERFORMANCE. Below is a summary of the powers of a workplace inspector under the OSH Act.
consider necessary for the purposes of the OSH Act, and this can include: ½
Powers (s43 of the OSH Act): An inspector: ½
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has the legal right to enter at any time, any workplace where employees are likely to be in the course of their work (s43(1)(a)); can enter any workplace at any other time that the performance of his/her functions requires such entry under the OSH Act (s43(1)(b)) such as: ½
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accident and incident investigations; reported breaches of the OSH Act and Regulations based on complaints to WorkSafe; resolution of issues where the health representative has notified an inspector; notice follow-ups and review of previous provisional notices; and regulatory inspection; and
can exercise any other such powers as conferred on him by the OSH Act or Regulations.
On entering a workplace, the inspector will notify the employer or person in charge of their presence and can take any equipment and materials they consider appropriate when entering the workplace (s43(1)(c)). The inspector may require the employer or any person who works at the workplace to render such assistance to the inspector as the inspector considers necessary for the performance of their functions under the OSH Act (s43(1)(n)). The inspector may conduct such examination and inquiry as they
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Examine any plant, substance, or any other thing whatsoever at the workplace (s43(1)(e)). Provide information to any person for the purpose of facilitating compliance with the OSH Act (s43(1)(ea)). Take and remove samples of any substance or thing, without paying for it (s43(1)(f). Take possession of any plant or thing for further examination or testing or for use as evidence (s43(1)(g)). Take photographs and measurements and make sketches and recordings (s43(1)(h)). Require the production of, examine and take copies or extracts of any documents (s43(1)(i)). Require that the workplace or any part of it be left undisturbed for as long as is specified in the requirement (s43(1)(j)).
When an inspector enters at any time, any workplace where employees are likely to be in the course of their work or enters any workplace at any other time that the performance of their functions requires such entry under the OSH Act, they may: ½
Interview any person (who may request for the discussion to be held in private) who the inspector has reasonable grounds to believe is, or was at any time during the preceding 3 years: ½ an employee working at the workplace in relation to which the inspector is inquiring; ½ was at the workplace at such a time that is relevant to the matter about which the inspector is inquiring; or ½ may be able to provide information relevant to a matter about which the inspector is inquiring.
The person being interviewed is required to: ½
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Answer any questions put to them and, if the inspector considers it appropriate, to verify any such answer by statutory declaration (s43(1)(l)). State their full name and address (s43(1)(m)).
Note that it is an offence to obstruct or interfere with an inspector in the performance of their duties. You should also note that you do not have the right to object to a question on the basis that the answer may incriminate yourself, however, the answers cannot be used as evidence in any prosecution against you, but your answers can be used to prosecute others. The provisions of section 47 of the OSH Act are partly extracted and highlighted on the following page:
December 2021
