As a regulator, we are responsible for ensuring work health and safety and public safety standards are met. Our inspectors provide support to help businesses and industries improve work health and safety practices. Inspectors are there to make sure that you stay safe and will notify you if a health and safety issue has been detected in your industry.
Unfortunately incidents do happen. If breaches of laws are detected, inspectors will take the appropriate action to ensure health and safety issues do not occur in future.
Under work health and safety legislation, SafeWork SA may take action in regards to offences associated with:
- notification of workplace incidents to SafeWork SA
- work licensing requirements
- workplace consultation arrangements
- workplace entry by entry permit holders
- failure to comply with powers exercised by SafeWork SA Inspectors
- misuse of information, including providing false or misleading information and disclosure of confidential information.
Our compliance and enforcement activities may lead to:
- prosecutions being filed in the South Australian Employment Tribunal and the Magistrates Court
- an enforceable undertaking
- an expiation notice being issued.
We have a team of inspectors to ensure your workplace remains safe, especially after an incident. Whilst our inspectors can issue penalty notices their role is primarily to investigate and to provide answers and solutions if an incident occurs.
If a SafeWork SA inspector visits your premises you are required to:
- co-operate with the investigator, and
- answer any of their questions or provide any documents that they request, even if that information will incriminate another person or your company.
You are not required to provide information or documentation that:
- may incriminate you or subject you to penalty
- is subject to legal professional privilege.
Whilst on your work premises, our inspectors may:
- inspect, examine anything and make enquiries at the workplace
- take measurements, conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recording)
- require a person at the workplace to give the inspector reasonable help to exercise the inspector’s powers
- require the production of documents
- copy and retain documents
- ask questions and conduct interviews
- remove samples for analysis or seize anything as evidence
- request a person’s name and address
- take affidavits.
It is a criminal offence to not comply with our inspectors during an investigation. Fines of up to $10,000 for an individual and $50,000 for an incorporated entity apply.
If you disagree with an inspector's decision you can, in many cases, seek an internal or external review of the decision.