Enforcement Framework

The Commissioner for Workplace Safety and Health, assisted by Deputy Commissioners and appointed (gazetted) inspectors, ensures that workplaces comply with safety and health regulations by taking the following actions:

Workplace Inspections

Inspectors are empowered to enter, inspect and examine any workplace at any time to ensure workplace safety.

• An inspector may inspect, examine and make copies of any workplace documents.
• An inspector may take samples of any material or substance found in, or being discharged from, any workplace for the purpose of analysis or test.
• An inspector may take photographs and video recordings to record the conditions and the processes carried out in the workplace.
• He may take into custody any article in the workplace for the purpose of an investigation or inquiry under the Act.

Investigations

The Commissioner may order an investigation into any workplace accident or incident. In the course of investigations, the inspector may inspect the accident scene and workplace, and interview and record statements of persons. The persons interviewed are bound to state the truth and assist in the investigations.

Suspension of Certificates

When necessary, the Commissioner may suspend any certificate. Examples of certifcates issued under the Act include Certifcates of Factory Registration and certificates of test / thorough visual examination of lifting equipment.

Remedial Orders & Stop Work Orders

Once issued a Remedial Order by the Commissioner, an employer, occupier or any other person is required to remove any workplace risk or to comply with a safe work practice, take required measures to remedy any danger so as to enable the work or process in the workplace to be carried on with due regards to the safety, health and welfare of the persons at work.

The Commissioner may also issue a Stop Work Order, which requires the specified work to cease until measures have been taken to ensure that the work can be carried out safely. An SWO is used in instances where severe lapses in safety and health conditions cause immediate danger to the persons at work.

Failure to comply with either a Remedial Order or Stop Work Order is considered an offence.

Composition Fines

Composition fines are offered for offences at the Commissioner’s discretion. Offences may be compounded to a sum not more than half the maximum fine prescribed for the offence or $5,000, whichever is lower. Prosecution action may be taken if payment is not received within a specified period.

Prosecution

The Commissioner may prosecute any offender for violations under the Act. If you are charged with an offence under the Act, it is your duty to show to the courts that:

• You complied with the Act and/or its relevant subsidiary legislation
• You complied with the relevant approved code of practice or guidelines
• Where there was no specific legislation or guidelines, you took reasonable precautions and exercised due diligence