You have received a Regulator Notice, Now What?

We have previously shared content on what to expect when your workplace is inspected by WorkSafe/SafeWork. Now – what happens in the event that your business has received a Regulator’s Notice from WorkSafe?

If the inspector does find an issue, you and the inspector will discuss what needs to be done to fix it. The three main outcomes issued by the inspector are an improvement notice, a prohibition notice or an infringement notice. 

• An infringement notice is rarely issued (usually only following serious harm, a fatality, or a previous history of non-compliance) and can lead to prosecution. These are accompanied by an infringement fee.
• Prohibition notices or urgent instructions are for more serious safety risks such as advising you to stop using a certain piece of machinery until changes are made, or a replacement is found. 
• Improvement notices are the most common type of notice, often relating to safe work practices. The notice will explain what the inspector has identified, how things need to change, and the timeframe in which it needs to be completed. 

We’ve put together our top recommendations on what you can do after receiving one of the above notices.

Follow

Carefully read the notice and follow all the instructions listed in the notice. This is particularly crucial if it’s a prohibition notice, as it means certain work must be stopped immediately. Work is not to continue until the Inspector is satisfied certain action has been taken to make the activity/area safe.

Share

Make sure the site entry report and associated notice/s are provided to the Director/ Owner of the Business. We also recommend sharing the notice with other project sites /areas of the business so that they can assess their area to see if similar issues are present or where there is room for improvement. This is a great way to improve health and safety across all areas and sites of the business and to demonstrate Health and Safety is a top priority for all.

Communicate

Bring the notice to the attention of all persons whose work is affected by the notice (e.g. conduct a toolbox talk and record it in the HazardCo app). Discuss how the business will address the items and by when. We recommend you provide regular updates to the workers on this matter. If you have any Health and Safety Representative (HSRs) who represents workers whose work is affected by the notice, make sure a copy is provided to them.

Display

Make sure a copy of the notice is put up and displayed in a prominent place at or near the part of the workplace where the affected work is being performed (and we recommend you communicate to workers where this can be located).

Discuss

Promptly discuss with relevant suitable persons who will be involved in addressing the notice (e.g. conduct a meeting with management, supervisors etc) and prepare an action plan to address all items that have been highlighted in the notice. Regularly track action items for timely closeout. 

Document and Record

Ensure you document and record discussions, meetings, and agreed actions. Record and track health and safety actions by creating and assigning tasks on the HazardCo Hub or on the App.

Provide evidence

Collate all the evidence requested by the notice that will demonstrate you have addressed all the items listed and provide it to the Inspector prior to the due date for their review.

Get Help

Remember HazardCo is here to help. Give us a call on 0800 555 339 and speak to our Health and Safety Advisory support team for further guidance.