How inspectors deal with specific issues

Inspectors entry to a workplace
Consultation
Inspectors are expected to routinely promote and
encourage the establishment of suitable arrangements
in workplaces to assist employers to meet their duty to
consult with employees and HSRs (if any) in accordance
with Part 4 of the OHS Act.
Employee representation
Inspectors are expected to routinely promote and
encourage employee representation. This can be done
through the establishment of the DWGs, the election
of HSRs, and through establishing health and safety
committees.
Written list of HSRs
Where there are duly elected HSRs / deputy HSRs,
section 71 of the OHS Act requires employers to keep
a current written list of HSRs and deputy HSRs and to
display this list in the workplace or be otherwise readily
accessible to all employees of the employer.
It is WorkSafe policy that this list of HSRs as required
by section 71 of the OHS Act should be viewed by an
inspector at each visit to ensure the inspector speaks
with and provides an entry report to the appropriate
HSRs.
Where an inspector identifies that a list of HSRs is not
displayed, the inspector will take appropriate action
in accordance with the WorkSafe compliance and
enforcement policy (available at worksafe.vic.gov.au).
For example, if the list is not available, up-to-date and
displayed or otherwise accessible to all employees at the
workplace, or it does not become so while the inspector
is present through ‘voluntary compliance’, the inspector
will issue an improvement notice to remedy the observed
contravention.
Checking this list ensures that the inspector is able to
speak with the relevant and duly-elected representatives,
and is consistent with WorkSafe’s Health & safety
representatives - policy positions on support for HSRs
(available at worksafe.vic.gov.au).
Other persons attending with inspectors
Where two or more inspectors visit a site together, one of
the inspectors will act as the lead inspector and the other
as assisting that inspector. One entry report will be issued
by the lead inspector which lists any powers exercised by
both inspectors.
Section 122 of the OHS Act provides an inspector
with the power to seek the assistance of any person
in the exercise of their powers. An inspector may seek
help from any person at the workplace or they may
seek to bring in a person to assist them, for example
an interpreter or a technical expert. The occupier,
or apparent occupier, of the place or employer with
management and control of the workplace must allow the
person assisting the inspector access.
There are similar provisions under section 19 of the DG
Act and section 21 of and EPS Act.
It is WorkSafe policy that if an inspector is planning to
take a person to a workplace for any other purpose (for
example for their education or to do research), prior
consent from the occupier of the place must be sought. If
consent is not given, the person cannot not be taken into
the workplace.
Maintaining contact with workplaces
Inspectors are encouraged, where appropriate, to
obtain email addresses for the duty holder or their
representative and any HSRs that they deal with at a
workplace. WorkSafe will keep a record of these email
addresses for the purposes of forwarding information
and guidance material considered to be relevant to those
persons.
For further guidance see WorkSafe Victoria inspectors -
how inspectors support and enforce health and safety at
work and WorkSafe compliance and enforcement policy
(available at worksafe.vic.gov.au).
WorkSafe Victoria A guide for workplaces How inspectors deal with specific issues 5