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Need Help with an OSH Investigation?

The best way to avoid an OSH investigation is to implement an effective and practical health and safety system

When will OSH Conduct an Investigation?

OSH health and safety inspectors investigate the following events:

• Complaints about health and safety
• Notifications of serious harm, including fatalities
• Notifications of occupational disease
• Notifications of incidents (accidents that might have harmed someone).

What will OSH Do?

An OSH Inspector can:

• Enter a workplace at any reasonable time (during work hours) to conduct examinations, tests, inquiries and inspections.
• Direct the employer or person in control of a place of work to conduct tests and inquiries, etc.
• Take any person into the premises to assist with their inquiries.
• Take photographs, measurements and make sketches.
• Require the employer to produce documents and information relating to the workplace or employees and take copies or extracts.
• Monitor conditions at the place of work.
• Take or remove samples, substances, or things.
• Require an employer to make or provide statements in a manner specified by the Inspector.

The Inspector may take 1 of 7 actions:

• Prosecute the employer; or
• Prosecute the employee, or
• Prosecute the manager, or
• Issue a prohibition notice, or
• Issue an improvement notice, or
• Issue a letter of warning, or
• Take no further action

Employer and Employee Rights

It is important co-operate with the OSH Inspector and ensure that employees are aware of their rights.

Employees also need to be mindful that they should only discuss facts within their area of responsibility, role and work activity.

• Any employer, person in control, or employee has the right to refuse to answer any questions posed by an Inspector if the answer will incriminate them.
• The HSE Act limits an Inspector's powers solely to questioning of the employer, or person in control of the place of work, so an employee does not have to answer any questions
• If employees agree to be interviewed they can be accompanied by a witness or representative or impose any condition they think appropriate.
• The employee also has the right to refuse any document containing personal health information to be released to the Inspector.

The Injured Persons Privacy and OSH

All serious harm accidents must be notified to OSH under the Health and Safety in Employment Act in the prescribed format, which includes personal information about the employee(s) involved. Section 7 of the the Privacy Act allows personal information to be provided if it is prescribed by other legislation.

Always let the employee know that the accident, including personal information has been notified to OSH.

Get in Touch with Jump

If you need help, or you answered no or unsure to any of the questions in the assessment tool, then Jump Business Solutions can help you. Phone us on +64 6 754 8987 or +64 27 450 5271 or email info@jump4biz.com and Jump will come to you, discover your needs, and develop a solution that will create real, long-term and positive change for you and your business.