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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.
Powers (s43 of the OSH Act):
An inspector:
½ 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)); ½ 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 accident and incident investigations; ½ reported breaches of the OSH
Act and regulations based on complaints to WorkSafe; ½ resolution of issues where the health representative has notified an inspector; ½ notice follow-ups and review of previous provisional notices; and ½ regulatory inspection; and ½ 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 consider necessary for the purposes of the OSH Act, and this can include:
½ examine any plant, substance, or any other thing whatsoever at the workplace (s43(1)(e)). ½ Provide information to any person for the purpose of facilitating compliance with the OSH Act (s43(1)(ea)). ½ Take and remove samples of any substance or thing, without paying for it (s43(1)(f). ½ Take possession of any plant or thing for further examination or testing or for use as evidence (s43(1)(g)). ½ Take photographs and measurements and make sketches and recordings (s43(1)(h)). ½ require the production of, examine and take copies or extracts of any documents (s43(1)(i)). ½ 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 Answer any questions put to them and, if the inspector considers it appropriate, to verify any such answer by statutory declaration (s43(1)(l)). ½ 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:
Occupational Safety and Health Act 1984 – Sect 47 47. Offences
(1) If a person — (a) impersonates an inspector or forges any document purporting to be a certificate of the appointment of any person as an inspector; (b) obstructs or interferes with an inspector in the performance of his or her functions under this Act, or any interpreter or other person assisting an inspector in the performance of his or her functions under this Act; (c) uses any threat or any abusive or insulting language to an inspector lawfully acting in the performance of a function conferred on an inspector under this Act, or any interpreter or other person assisting an inspector in the performance of that function; (d) contravenes any requirement of an inspector made under this Act; (e) provides to an inspector an answer or information that is false or misleading in any material particular; (f) directly or indirectly prevents another person from complying with a requirement under this Act, the person commits an offence. (2) A person is not excused from complying with a requirement under this Act to — (a) answer a question; or (b) provide information; or (c) produce a document, on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (3) However — (a) an answer given or information provided by a person when so required; or
(b) the fact that a document produced by the person to comply with the requirement was produced, is not admissible in evidence against the person in any civil or criminal proceedings other than proceedings for perjury or for an offence under this Act arising out of the false or misleading nature of the answer, information or document. The inspector in carrying out their functions must avoid unduly or unreasonably interfering with any work or work process. For further information on occupational health and safety obligations, call NecA Legal (WA) Pty Ltd on 6241 6129 or email necalegalwa@ecawa.org.au
Johnny Brits
Legal Practice Director, NECA Legal WA necalegalwa@ecawa.org.au
Disclaimer: This summary is a guide only and is not legal advice.
PRIVATE POWER POLES:
INSPECTIONS BY WESTERN POWER
FOLLOWING THe JUDGemeNT GIVeN IN JULY 2021 bY THe SUPreme cOUrT OF WeSTerN AUSTrALIA, reLATING TO THe 2014 PArKerVILLe FIre, WeSTerN POWer WILL be INSPecTING THe FIrST PrIVATe POWer POLeS ON PrOPerTIeS THAT Are DIrecTLY cONNecTeD TO ITS NeTWOrK. cOUrT PrOceSSeS Are ONGOING, WHIcH mAY FUrTHer DeFINe reSPONSIbILITIeS FOr THeSe INSPecTIONS. LANDOWNerS WITH SUbSeQUeNT POLeS WILL STILL HAVe THeIr OWN ObLIGATIONS TO INSPecT, mAINTAIN AND rePLAce THeSe POLeS, AS WeLL AS ANY OTHer PrIVATe POWer POLeS ON THeIr PrOPerTY THAT Are NOT DIrecTLY cONNecTeD TO WeSTerN POWer’S NeTWOrK.
Western Power will only inspect the first pole that is connected to our network, to ensure the supply of electricity from our network remains safe. electrical contractors may see an increase in demand for work on private power poles. Poles may be deemed unsafe at the time of inspection and require immediate disconnection for safety reasons. This work will be carried out under the current faults process. Alternately, if a pole is deemed to require replacement, customers will be issued with either a 30-day, 90-day or Defect Notice to replace it, dependent on the condition of the pole. customers have been advised to contact a licensed electrical contractor to replace the pole in compliance with Australian Standards. changes are currently underway to amend the ‘Disconnection reconnection Service request’ form that will assist Western Power in identifying work related to the 30 and 90-day notices. You will notice a new question on the form that asks: ‘Is the request being submitted for a private pole replacement only due to a defect notice being issued?’ The default answer on this form will be NO. You only need to change the answer to YeS if the customer has received a notification for their Private Point of Attachment Pole (30-day, 90-day or defect) and the work being done directly relates to that notice. more information about private power poles can be found by searching for ‘private power poles and lines’ on the Department of mines, Industry, regulation and Safety website: www.dmirs.wa.gov.au If you have any questions, please contact Western Power on 13 10 87 or use the contact us form on our website at www.westernpower.com.au/contact-us
NECA WA Electrical Contractor Register –Private Power Poles
To help homeowners source an electrical contractor to replace their poles, NecA WA has set up a list of members who are available to take on this work. This list is available on our website and via PDF so that it can be shared for public referral. NecA are also conducting a Facebook campaign targeting the affected suburbs and directing them to the NecA website. We hope this will generate additional leads for members.
Western Power and building and energy will also refer the public to this site.
If your business provides this service, and you would like your contact details included on the list, please email your company’s details to marketing@necawa.asn.au
PROPERTIES FOR SALE OR RENT
While the residual current device (rcD) requirements for new installations seems to be understood, there is still some confusion regarding residential properties for sale or rent. below is an article published by building and energy to clarify the requirements.
Properties for sale or rent
Under the Electricity Regulations 1947, all residential premises sold, rented or hired must have all socket outlets and lighting final sub-circuits protected by at least two rcDs. It is also essential to ensure that there are no more than three final sub-circuits per rcD and the lighting circuits (if there are two or more) are separated over the rcDs. Further details appear in the Electricity Regulations 1947, regulations 12 to 16. The AS/NZS 3000:2018 Wiring rules requires all circuits in residential premises to be rcD protected, but this does not apply to existing residences. It only applies to residences constructed after 1 January 2019. There has been no change to the rules applying to rcDs required in residences being sold, rented or hired.
However, owners may, if they wish, fit rcDs to an existing residence constructed prior to 1 January 2019 to protect all the final sub-circuits. This is optional and not mandatory.
If an electrical contractor is engaged to verify that rcDs are fitted to a residence, subject to sale, rent or hire, he/she needs to ensure that at a minimum, rcDs are fitted to all circuits as required by the electricity regulation 1947 and not to AS/NZS 3000:2018 Wiring rules.
Malcolm Scott
Technical Services Advisor ECA WA www.neca.asn.au/wa Source: Building and Energy
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