Powers of inspectors
Electrical and workplace health and safety inspectors may enter a workplace and exercise their powers while they are in the workplace.
Small business advisors do not have the power to enter a workplace. They will only attend the workplace at the invitation of the person in control of the workplace.
After entering the workplace the inspector has the power to:
- search any part of the place
- inspect, measure, test, photograph or film any part of the workplace or anything at the workplace
- take samples
- copy a document at the workplace
- make inquiries or conduct surveys to assess the degree of risk at the workplace or the standards of health and safety existing at a workplace
- inquire into the circumstances and probable causes of workplace incidents
- take any person, equipment or materials into the workplace to assist the inspector to exercise a power
- require a person to give reasonable help
- require a person to produce certain documents
- issue notices (infringement, improvement, unsafe equipment, prohibition).
Electrical safety inspectors may also enter a place other than a workplace (sections 137 – 143 Electrical Safety Act 2002 (PDF, 788 KB) ).
Industrial relations inspectors have the power to:
- enter a workplace and inspect any part of the place or anything at the workplace
- inspect, photograph or film any part of the workplace or anything at the workplace
- copy a document at the workplace (including but not limited to time and wages records)
- require a person to produce for inspection, at a reasonable time and place nominated by the inspector, a document relating to an employee and keep the document to copy it before returning it as soon as practicable
- question a person at the workplace and require a person to give information, including their name and address, for purposes under the Industrial Relations Act 1999 (PDF, 1.9 MB).
An electrical or workplace health and safety inspector may seize:
- evidence of an offence against the relevant Act
- a thing that has been used to commit an offence against the relevant Act
- a dangerous thing
Most of the time, inspectors carry out their role without the need to formally exercise their powers, but their authority to use these powers is necessary, particularly when they are investigating incidents and intervening where there are dangerous work practices.
It is an offence to obstruct, threaten or interfere with an inspector who is exercising their powers under the legislation.
Read more about the different types of notices inspectors can issue:
- notices for electrical safety
- notices for workplace health and safety
- notices for industrial relations
Last updated January 20, 2006