Requesting an inspector to be appointed to make a decision on an issue or assist in resolving an issue at a workplace

Under the Work Health and Safety Act 2011 (PDF, 1.42 MB) certain parties may request the regulator to appoint an inspector to attend the workplace to make a decision on an issue or to assist in resolving an issue. (Note. Reasonable efforts must have been made to resolve the issue internally prior to making the request for an inspector to be appointed.)

These requests under the Act can only be made by Parties to the issue.

Section 80 of the Work Health and Safety Act 2011 (PDF, 1.42 MB) defines the Parties to an issue as -

the person conducting the business or undertaking or the person’s representative;
if the issue involves more than 1 business or undertaking, the person conducting each business or undertaking or the person’s representative;
if the worker or workers affected by the issue are in a work group, the health and safety representative for that work group or his or her representative;
if the worker or workers affected by the issue are not in a work group, the worker or workers or their representative.

A person conducting a business or undertaking must ensure that the person’s representative (if any) for the purposes of this division—

is not a health and safety representative; and
has an appropriate level of seniority, and is sufficiently competent, to act as the person’s representative.

Inspectors have a range of powers when appointed to assist with an issue. In some circumstances the inspector has the power to make a decision to resolve the issue in others the inspector may only assist in the resolution through consultation and mediation.

Requests for an inspector to be appointed to make a decision on an issue or to assist in resolving an issue can be made by contacting WHSQ on 1300 369 915.

Issues an inspector can decide
Issues an inspector can assist in resolving