There's Been a Workplace Incident and Inspectors Are Involved
When a serious workplace incident occurs, Workplace Health and Safety Queensland inspectors can arrive without notice. They have broad powers to enter premises, seize documents, take photographs and require people to answer questions. What happens in the hours and days after an incident can determine whether a prosecution follows -and what evidence the prosecutor has to work with. Early legal engagement is critical.
What You Need To Know
WHS inspectors can enter a workplace at any time without notice or consent if they reasonably believe a WHS Act provision has been contravened or an incident has occurred.
You must not obstruct or refuse to assist an inspector without reasonable excuse. However, you are entitled to claim privilege against self-incrimination in certain circumstances.
Anything you say to an inspector during the investigation can be used as evidence in a subsequent prosecution. This includes informal conversations, not just formal interviews.
The WHS Act creates duties on PCBUs (persons conducting a business or undertaking), officers and workers. A prosecution can target the company, its directors or senior officers or individual workers.
Queensland has an independent Office of the Work Health and Safety Prosecutor. If inspectors form the view that an offence has occurred, they refer the matter for prosecution -they do not make the prosecution decision themselves.
Penalties range from fines for general duty breaches up to 20 years imprisonment and $10 million fines for industrial manslaughter.
What To Do Right Now
Cooperate, but know your rights
You must assist inspectors and not obstruct them. However, you are entitled to legal representation and you should request that formal interviews be scheduled at a time when your lawyer can be present.
Preserve everything
Do not alter, move or destroy anything at the scene unless required for safety or emergency services. Preserve CCTV footage, sign-in sheets, toolbox talk records, JSAs, SWMS, induction records and maintenance logs.
Limit informal statements
Inspectors may engage in casual conversation at the scene. Everything said is potential evidence. Be factual and cooperative, but avoid speculation, admissions or opinions about what went wrong.
Identify who has duties
The WHS Act imposes duties on PCBUs, officers and workers. Understanding the duty structure is essential to understanding exposure. If you are a director or senior officer, your personal exposure may differ from the company's.
Engage a lawyer immediately
Legal privilege does not apply retrospectively. Documents prepared before legal engagement are generally discoverable. Engage a lawyer as early as possible so that the investigation response can be managed under privilege.
How We Can Help
We act for businesses and individuals facing WHS investigations and prosecutions in Queensland. We attend inspector interviews, manage document production, advise on privilege and defend prosecutions across all offence categories -from general duty breaches through to industrial manslaughter. Where a matter involves overlapping coronial, criminal and WHS proceedings, we coordinate the defence strategy across all jurisdictions.
Get legal advice before any formal interview with inspectors.
Don't wait until your options narrow.
We can usually assess your position within a single consultation. Call us or send an enquiry and we will get back to you promptly.