• Phone: 0429 577 778
  • info@enablesafetysolutions.com.au

Non-Compliance Support and Corrective Action Development

We won’t abandon you when other consultants would…

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:

  • names and addresses
  • conducting interviews and making enquiries
  • taking photographs, recordings and measurements
  • taking possession of items for examination, testing or for use as evidence
  • taking samples of substances or objects
  • requiring documents to be produced for examination and copying
  • calling in other people to assist them, including technical or scientific experts, interpreters or police officers.

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:

  • Improvement notices – these are written directions requiring a person to fix an issue within a specified time. The inspector will include information on the notice about what must be done to comply with the law. The person who receives the notice is responsible for achieving compliance with legislation or dealing with the immediate risk.
  • Prohibition notices – these are written directions prohibiting any activity that will, or is likely to, involve an immediate risk to the health and safety of any individual. If a prohibition notice has been issued, the prohibited activity cannot recommence until an inspector certifies in writing that the risk has been remedied.

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:

  • benefits to the workplace
  • benefits to their industry
  • benefits to the community

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.

Don't lay awake at night!

Get the support you need.