Frequently asked questions about workplace inspections
When is a workplace inspection carried out?
Inspectors can enter any workplace during working hours or when there is an immediate health and safety risk to any person.
Inspections are also conducted after workplace fatalities, serious injuries, dangerous incidents and emergencies. If necessary, WorkSafe inspectors can direct that an incident scene be left undisturbed prior to an investigation or while seeking assistance from an expert.
Inspectors will also attend workplaces in response to reports of unsafe work conditions.
How do I report a dangerous workplace situation?
WorkSafe needs community support to ensure safe and healthy workplaces for all Victorians. If you observe unsafe work conditions in a workplace or public place, please report it to our Advisory Service.
What can I expect when an inspector visits?
All WorkSafe inspectors carry official identification. When an inspector enters your workplace, they will notify the occupier or person in charge as well as any health and safety representatives (HSRs), of their presence. HSRs can also participate in the workplace inspection.
Inspectors will provide practical and constructive advice about how to comply with Victoria’s OHS laws and, if they detect a breach, how to fix it. If necessary, they can issue notices or directions, conduct interviews and make enquiries, take photos and measurements, take samples and items for examination or testing, and read and copy documents.
At the end of an inspection (or as soon as possible afterwards) the inspector will provide a written Entry Report that includes a summary of their observations, a description of things they have done, the powers they used and where any photos, sketches or records taken will be available for inspection.
What happens if they find a problem?
If health and safety laws are broken or there is an immediate risk to anyone’s health and safety, the inspector will take action to ensure it is remedied. They can:
- have you address the breach immediately and take no further action
- issue an improvement or prohibition notice, or
- direct that another specific action be taken if appropriate.
What is an improvement notice?
An improvement notice is a written notice that requires a breach of workplace safety laws to be remedied within a specified time.
What is a prohibition notice?
A prohibition notice is a written direction forbidding any activity that will, or is likely to, involve an immediate risk to the health and safety of any person.
Can I refuse access to an inspector?
It’s a serious offence for anyone to refuse access to a WorkSafe inspector or anyone assisting them. It’s also illegal to hinder or obstruct an inspector; conceal the location or existence of any person or thing from an inspector; refuse to provide assistance or prevent others from assisting; or to assault, intimidate or threaten an inspector.
Can I be prosecuted for a breach?
An inspector may recommend a comprehensive WorkSafe investigation to determine whether the breach of the law warrants prosecution or other punitive action, even if notices have already been issued. For more information about investigation and prosecution activity, read the WorkSafe Compliance and Enforcement Policy.
