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Regulator Inspectors have legislated powers to enter your workplace during working hours, or when there is an immediate risk to anyone, to assess compliance with health and safety laws.
Inspectors also have the authority to require access to people and information at your workplace, including:
After making enquiries with the people responsible for providing a safe workplace, health and safety representatives and other relevant parties, inspectors have the authority to issue:
At the end of an inspection (or as soon as possible afterwards) the inspector will provide a written report that includes a summary of their observations, a description of things they have done, the powers they used and where any photos, sketches or records taken will be available for inspection.
We will provide assistance to you to address the issues outlined in either of these notices and any other recommendations mentioned in the inspectors report and if necessary liaise with the inspector on your behalf.
If an inspector finds serious health and safety breaches at a workplace, it may be referred for further investigation and the employer may be prosecuted.
If this occurs, Enable Safety Solutions will assess your ability to apply for an enforceable undertaking (also known as a work health and safety undertaking), which is an alternative to prosecution through the courts.
An enforceable undertaking is a legally binding agreement between the Regulator and the person or business who proposed the undertaking. The person or business is obliged to carry out the specific activities outlined in the undertaking.
Should you be eligible we will complete the required documentation to ensure demonstration of the three main principles of acceptance which are:
When a proposed enforceable undertaking is accepted, any legal proceedings connected to the alleged contravention are discontinued. Where legal proceedings have not been started, acceptance of the undertaking means no proceedings will be started (as long as the undertaking is not contravened).
The activities may be substantial and we will provide the services and support to help you every step of the way.