PREPARING FOR A WORKSAFE INSPECTOR’S VISIT WHAT POWERS DO WORKSAFE INSPECTORS HAVE? WorkSafe inspectors have wide ranging powers such as the right to question staff, inspect school facilities and access computer‐ or paper‐ based records. It is in your interest to cooperate with inspectors and build a positive relationship with them. During a visit, inspectors also have the power to investigate other matters that may come to their attention. Inspectors can issue legally binding notices and instigate prosecutions. WHO MAY THE INSPECTOR WISH TO TALK TO? In addition to a management representative such as a principal, the inspector will most likely want to speak to a Health and Safety Representative (HSR) or an employee representative. They have a legal right to do this under the Occupational Health and Safety Act 2004 (Victoria) (Act). WHAT GENERAL THINGS CAN YOU DO BEFORE AN INSPECTOR VISITS YOU? Managing occupational health and safety (OHS) in your school in a systematic manner and integrating OHS into your school’s daily routine is the best way to achieve legal compliance and prepare for an inspector’s visit. This can be done by demonstrating a commitment to OHS; identifying your workplace hazards; implementing actions to address OHS risks; providing stakeholders with safety information, training and supervision; monitoring and evaluating your progress with OHS over time; recording the actions you have taken (and will be taking) to manage OHS. 1 WHAT CAN YOU DO BEFORE AN INSPECTOR VISITS YOU ON SPECIFIC ISSUES? In addition, to managing OHS in your school in a systematic manner, you can address specific issues by:       Being committed to solving the issue; Carrying out hazard inspections and consulting with staff; Controlling the issue in conjunction with staff (using the hierarchy of control ‐ elimination, substitution, isolation, engineering and 1 administrative controls and personal protective equipment [PPE]) , providing money and resources, assigning responsibilities and dates for implementation; Addressing the issue via inductions, procedures and training; Checking your progress on the issue at health and safety meetings, via OHS audits or analysing statistics; and Keeping records of the actions you have carried out. WHAT CAN YOU DO DURING THE VISIT? Ensure that a management representative such as a principal or business manager is available, cooperate with the inspector and listen to their advice. You cannot refuse an inspector access to a workplace or ask them to come back at a more convenient time. However, you are entitled to ask to see their photo ID. HOW MIGHT THE INSPECTOR GATHER INFORMATION ABOUT YOUR SCHOOL? Inspectors can gather information about your school from sources that may include:  Discussions with management, HSRs, employees and other parties;  Inspecting documentation such as Material Safety Data Sheets (MSDS)2, procedures and induction materials;  Checking records such as risk registers, hazard inspections, training records, maintenance records and minutes of staff meetings where OHS has been discussed;  Observations carried out during their visit; and  Information derived from external sources such as individual WorkCover claims, industry trends, regional visits and specific complaints. CONSTRUCTIVE COMPLIANCE WorkSafe generally uses a ‘carrot and stick’ approach to issues such as manual handling, slips, trips and falls. If they find breaches of the OHS Act or Regulations they can enforce compliance. If there are serious breaches of the Act, non‐compliance with directives, or somebody has been seriously injured then WorkSafe inspectors can recommend criminal prosecution. If the matter is an immediate risk to somebody’s safety, WorkSafe inspectors have the power to issue a prohibition notice which will require a cease work in the area until the matter is remedied. Continued on next page… August 2013 PREPARING FOR A WORKSAFE INSPECTOR’S VISIT CONTINUED… WHAT SHOULD YOU DO IF YOU ARE ISSUED WITH AN IMPROVEMENT NOTICE? An Improvement Notice is a legally binding requirement issued by a WorkSafe inspector. Failure to comply with an Improvement Notice can result in prosecution and fines of over $250,000 for the employer and $50,000 for the individual named on the notice. Failure to comply with an Improvement Notice is also an indictable offence. An Improvement Notice states which sections of the OHS legislation have been breached, what you should do to remedy these situations and a deadline for completing this work. If you receive an Improvement Notice it is a serious issue that needs to be urgently addressed. If you wish you wish to appeal the Improvement Notice you are generally required to do this within 14 days. If you need any assistance, please immediately contact the CECV Industrial Relations Unit on (03) 9267 0228. The inspector who issued an Improvement Notice can also provide you with advice on how to address the situation. WHAT IS THE DIFFERENCE BETWEEN AN IMPROVEMENT NOTICE AND A PIN NOTICE? Improvement Notices are issued by an inspector and are legally enforceable. A Provisional Improvement Notice (PIN) can be issued by a HSR and is provisionally enforceable unless it is withdrawn by the HSR or cancelled by a WorkSafe inspector provided an appeal has been lodged within 7 days. WorkSafe inspectors have the power to affirm (with or without modifications) or cancel the Provisional Improvement Notice by giving written notice to the Health and Safety Representative who issued it and the person to whom it was issued. For further information, please contact the CECV Industrial Relations Unit on (03) 9267 0228. *1 For more details see the CECV information sheet An Overview of Managing OHS in Schools. *2 For more details see the CECV information Sheet Overview of Managing Chemicals in Schools. August 2013