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Issues an inspector can decide

The following are issues that a party may ask the regulator to appoint an inspector to make a decision on:

The failure of negotiations concerning the agreement of work group/groups (Section 54 ) - Single business or undertaking

A request for an inspector to be appointed to make a decision to resolve this matter may be made by telephone on 1300 369 915. The following information will be required to make the request:

  • your role in relation to the issue
  • contact details of the parties making the request
  • details of the business or undertaking associated with issue including the ABN if available
  • details of the issue including location of issue and description of what is occurring
  • confirmation of the authorisation - If the request is being made by a person authorised to represent a worker, or group of workers, verbal or written confirmation of the authorisation.

(Note; For request for an Inspector to be appointed to assist with failure of negotiations of work groups in multiple businesses/undertakings see Issues an inspector can assist in resolving)

Agreement cannot be reached between the PCBU and the HSR within the required time under section 72 (2), regarding the obligation to train health and safety representatives as per section 72 (Section 72).

A request for an inspector to be appointed to make a decision to resolve this matter may be made by telephone on 1300 369 915. The following information will be required to make the request:

  • your role in relation to the issue
  • contact details of the parties making the request
  • details of the business or undertaking associated with issue including the ABN if available
  • details of the issue including location of issue and description of the issue in dispute that has prevented the PCBU and HSR from reaching an agreement.
  • details confirming the person seeking to attend HSR training is a HSR
  • the time period since the HSR requested training

Confirmation that the training has been requested by persons entitled to request the training i.e HSR or Deputy HSR

Agreement cannot be reached regarding the constitution of a health and safety committee (Section 76)

A request for an inspector to be appointed to make a decision to resolve this matter may be made by telephone on 1300 369 915. The following information will be required to make the request:

  • your role in relation to the issue
  • contact details of the parties making the request
  • details of the business or undertaking associated with the issue including the ABN if available

Details of the issue including location of issue and description of what is occurring

Request a review of a provisional improvement notice (PIN) (Section 100)

A request for an inspector to be appointed to make a decision to resolve this matter may be made by telephone on 1300 369 915. The following information will be required to make the request:

  • your role in relation to the issue
  • contact details of the parties making the request
  • details of the business or undertaking associated to the issue including the ABN if available
  • details of the issue including location of issue and description of what is occurring
  • information confirming that the PIN is within the 7 day period after it was issued (If not, there is no power to be able to review the PIN)
  • information confirming that the Health and Safety Representative, who issued the PIN, is duly elected under the WHS Act. From the 31st December 2012 HSR must have completed PIN training to be entitled to issue a PIN.

Failure to preserve a workplace health and safety committee established for the workplace under the repealed Act (Section 291)

A request for an inspector to be appointed to make a decision to resolve this matter may be made by telephone on 1300 369 915. The following information will be required to make the request:

  • your role in relation to the issue
  • contact details of the parties making the request
  • details of the business or undertaking associated with the issue including the ABN if available

Details of the issue including location of issue and description of what is occurring.