31 Jul Can WorkSafe enter my business?
A question that we are often asked is, “Can a WorkSafe NZ inspector enter my business at any time to carry out an inspection, to question my employees, to seize materials, records, or any other materials?”
The answer is yes, but the key wording in section 168 below of the Health and Safety at Work Act 2015 is, at any reasonable time. This process is all about communication between all parties and for the betterment of your workplace.
The purpose of this article is not to show how roadblocks can be generated regarding WorkSafe NZ inspections or to play at linguistic gymnastics, but to raise the awareness for businesses that there are certain legislative requirements in the 2015 Act that can be enforced for WorkSafe NZ personnel to carry out their duties.
168 Powers of entry and inspection – click here to read the full section of the Act.
(1)Subject to section 169, for the purpose of performing any function of the regulator or an inspector under relevant health and safety legislation, any inspector may, at any reasonable time, enter any workplace…
172 Power to take to take samples and other objects and things – click here to read the full section of the Act.
183 Power of entry and inspection of health and Safety medical practitioners – click here to read the full section of the Act.
What happens if I refuse to provide any requested information or hinder the WorkSafe NZ inspector in their duties?
178 Offence for failing to provide inspector with correct name and residential address – click here to read the full section of the Act.
179 Offence to hinder or obstruct inspector – click here to read the full section of the Act.
If your business is visited by WorkSafe NZ personnel, treat the visit as an opportunity to improve the health and safety in your business. Cooperate with them and take onboard any issues they may identify.
Even if your business is issued with an improvement notice, use this in that improvement process.
Please contact us if you would like to discuss.