Getting help from an inspector

People assisting a health and safety representative (HSR)

If a PCBU refuses access to a workplace to a person assisting a HSR, the HSR may request that an inspector be appointed to help resolve the matter.

Confirmation that the request is being made by a HSR and details of the reasonable efforts made to resolve the issue will be required.

An unresolved WHS issue

If a matter about WHS arises at a workplace or from the conduct of a business or undertaking and the matter is not resolved after discussion between the involved parties, an inspector may be appointed to attend the workplace to help resolve the issue.

The parties must first make reasonable efforts to achieve a timely, final and effective resolution of the issue by discussion and the use of an agreed issue resolution procedure.

Details of the reasonable efforts that have been made to resolve the matter will be required when making a request that an inspector is appointed.

Work cessation

The HSR, the PCBU, or a worker may ask for an inspector to be appointed to help resolve an issue relating to the cessation of work.

Confirmation will be required that:

  • the PCBU has been informed of the work cessation
  • the HSR has been elected and has completed training which entitles them to direct work to cease.

Right of entry and workplace access

If a dispute arises about right of entry by a WHS entry permit holder, any party to the dispute can ask for an inspector to be appointed to help resolve the dispute.

Work groups within multiple businesses

If there is a failure of negotiations over an agreement or a variation to an agreement for work group/s within multiple businesses or undertakings, an inspector can be appointed to help with negotiations.

If only one business or undertaking is involved, an inspector can make a decision on arrangements.

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 is required.