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Issues an inspector can assist in resolving

The following are issues that a party may ask the regulator to appoint an inspector to assist in resolving:

A refusal on unreasonable grounds, of access to a person assisting a health and safety representative (HSR) under section 71(5) by a person conducting a business or undertaking (PCBU) (Section 71)

A request for an inspector to be appointed to assist in resolving 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
  • details of the ‘reasonable efforts’ that have been made to resolve the issue
  • confirmation that the request is being made by a HSR will also be required

In a situation where no 'reasonable efforts' have been made to resolve the issue a request cannot be made for an inspector to provide assistance. However, advice and assistance on how to make ‘reasonable efforts’ for resolution of an issue is available through the Advisory and Assessment Centre on 1300 369 915.

A failure to resolve a work heath and safety issue at the workplace after reasonable efforts have been made to achieve an effective resolution of the issue (Section 82)

A request for an inspector to be appointed to assist in resolving 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
  • details of 'reasonable efforts' that have been made to resolve the matter by discussion and use of an agreed issue resolution procedure or if there is no agreed procedure, the issue resolution procedure outlined in 'S23 of the Regulation'.

Resolving an issue in relation to the cessation of work (Section 89)

A request for an inspector to be appointed to assist in resolving 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
  • confirmation that the PCBU has been informed (under S85 of the Act the PCBU must be informed prior to the direction of a cessation of work)
  • details supporting that the HSR has been elected under the WHS Act and completed initial training which entitles the HSR to direct work to cease.

A dispute about right of entry by a work health and safety (WHS) entry permit holder (Section 141)

A request for an inspector to be appointed to assist in resolving 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

The failure of negotiations concerning the agreement of work group/groups (Section  56) - Multiple businesses or undertakings

A request for an inspector to be appointed to assist in resolving 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
  • 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 requests for an Inspector to be appointed for failure of negotiations concerning the agreement of work groups for single businesses refer to Issues an inspector can decide).