Legal Advice in Workplace Health & Safety Investigations:

A workplace Inspector may conduct an investigation if they have formed a suspicion that a breach of workplace health and safety laws has or will occur. Whenever possible, an HSR must consult with the employer if he or she believes there is an immediate threat to the health, safety or welfare of an employee. If the problem cannot be resolved by consultation within a reasonable period of time, the matter must be referred to a health and safety committee that is responsible for the affected area. If there is no resolution from health and safety committee, the problem must be referred to a Workplace Inspector.  Having proper legal and financial advice from a team of skilled Bankruptcy and Insolvency professionals may be of great utility in understanding Workplace Health & Safety Investigations.

A workplace inspector also a person who is Workplace Health and Safety (WHS) entry permit holder and they may enter a workplace without prior notice during usual working hours to inquire into a suspected contravention if they reasonably suspect one has or is occurring. They may inquire into a suspected contravention of the WHS Act that relates to or affects a relevant worker inspect employee records or other documents relating to the suspected contravention  held by another person, and consult or advise relevant workers on work health and safety matters.

A WHS entry permit holder can be issued to a union official who has completed an approved training course and holds a valid and current entry permit under the Commonwealth’s Fair Work Act 2009 (Fair Work Act) or the relevant state or territory workplace legislation (whichever applies). An investigation may result in a order to stop work by the WHS entry permit holder. The WHS entry permit holder must advise the relevant Person Conducting a Business or Undertaking (PCBU) and person with management or control of the workplace of their entry unless it would defeat the purpose of the entry or unreasonably delay the WHS entry permit holder in an urgent case.

During an investigation a WHS entry permit holder has powers to inspect any work system, plant substance or structure relevant to the suspected contravention, consult with the relevant PCBU and workers in relation to the suspected contravention and require the relevant PCBU to allow the WHS permit holder to inspect and make copies of any document that is relevant to the suspected contravention, if the document is held at the workplace or is accessible from a computer at the workplace. The PCBU must not, without reasonable excuse, refuse or fail to comply with this request. A reason for non compliance would be the contravention of a law of the Commonwealth, State or Territory (whichever applies) for example a law relating to privacy.

The consequence of workplace investigation may be the issuance of a improvement notice, penalty notice, the prosecution for offences or a coronial inquests in respect of work-related deaths and examination of witnesses. Comprehensive and sound advice from an experienced Employment Lawyer throughout this complex and procedural investigation process can be of significant value.

If you seek further assistance or legal advice with Workplace Health & Safety Investigations, make an appointment to see one of our employment solicitors. Please contact us on (02) 9233 4048 or send an email to info@navado.com.au.

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