Employers should be aware of inspectors' powers under the model WHS laws, with workplace health and safety regulators likely to crack down on breaches from the start of next year, according to an employment lawyer.
Speaking at a Sydney seminar yesterday, Kemp Strang senior associate Ben Urry said inspectors have the power to examine or make inquiries about a workplace and workplace documents, and employers are expected to be cooperative.
Inspectors can also require a person to provide them with documents, but must give the person notice "unless there's a need to have the document immediately", he said.
Employers should think carefully before giving information to inspectors that they don’t really need to, Urry said.
They should obtain legal professional privilege, and remember that people can access documents from regulators under freedom of information laws.
"What we have seen is [an] injured worker gets 'lawyered' up, they want to make a lump-sum claim for negligence, the... lawyers make a freedom of information request and therefore, they can get every single document that you handed over to [the regulator] without having to go through the court process," he said.
Urry also said company officers and workers should be trained in how to deal with inspectors, as inspectors have the power to require any worker to answer their questions.
Further, workers should be encouraged not to give out work or mobile telephone numbers to inspectors, he said.
If they do, the inspectors can contact them at any time and request information.
"Sometimes being too helpful isn't the best for anyone involved," he said.
WorkCover NSW to audit employers
Before the beginning of next year, employers should ensure their policies and agreements are up-to-date and align with the model WHS laws, Urry said.
In NSW, WorkCover "tended to back off" this year while people got used to the new laws, but will be "coming down with all the powers they've got" in 2013, he said.
WorkCover will also start auditing employers to determine whether their officers are complying with their due diligence obligations.
A due diligence plan should be developed for officers, and be "tailored to the nature of the business and the officer's role in the business", Urry said.
It should outline how officers can address their requirements, so that if a regulator does "turn up" employers have got "something concrete" to show they are being proactive.
Urry noted that PCBUs can now be fined up to $50,000 for failing to notify the relevant regulator of a notifiable incident "by the fastest possible means".
