Investigations follow the rules of fairness and prompt action. As a priority, resources for investigating incidents are focused on the most serious cases.
How are investigations undertaken?
WorkSafe investigations are conducted for a range of reasons including:
- determining the causes of an incident
- assessing compliance with the work health and safety (WHS) laws
- determining what action may be appropriate to enforce compliance with WHS laws.
The scope and scale of an investigation will differ based on the issue as will the compliance tools used. Investigations generally involve:
- collection, recording and examination of all relevant evidence from the incident scene
- where appropriate, evidence being seized by WorkSafe or by external agencies (e.g. Western Australian Police Force)
- where appropriate, engagement of experts to provide evidence
- collection and examination of documentary evidence including electronic records
- interviews of witnesses with evidence relevant to the incident
- interviews of relevant persons conducting a business or undertaking (PCBUs) or their representatives.
Matters for investigation
In line with the WorkSafe Commissioner’s role and functions as the regulator, WorkSafe investigates incidents that suggest a potential breach of the Work Health and Safety Act 2020 (WHS Act) may have occurred and:
- a person is seriously injured or acquires a serious illness at (or from) a workplace
- a person is fatally injured at a workplace
- after reviewing the circumstances following a dangerous incident, the regulator might decide to take legal action.
The primary purpose of these investigations is to identify:
- whether the evidence establishes a prima facie case, (i.e. evidence which appears to be true based on initial observations) and that the public interest may be served by starting legal action
- prevention strategies by identifying factors that caused the incident, serious injury, illness, or death.
It is not possible for the regulator to investigate all issues of non-compliance with the WHS laws found during inspections or from complaints.
Priority matters for investigations include:
- work-related fatalities and serious injuries or where there is a risk of such outcomes
- non-compliance with inspectors’ notices or directions
- offences against inspectors
- offences against health and safety representatives and matters relating to entry permit holders
- discrimination against workers based on their WHS activities
- serious psychosocial incidents
- sexual harassment and assault
- failure to notify the regulator of the occurrence of incidents
- where an incident or matter is a serious risk to a person’s health or safety.
Which matters are investigated?
To determine which complaints or reports of incidents, injury or disease will be investigated and the level of resources required for the investigations, the regulator considers the following factors:
- the severity and scale of potential or actual harm
- the seriousness of any potential breach of the WHS laws
- the duty holder’s compliance history, including matters such as prior convictions and issued notices
- whether the duty holder was licensed or permitted to undertake certain types of work
- strategic enforcement priorities
- the practicality of achieving results
- the wider relevance of the event, including matters of significant community concern.
Serious injury or illness incidents
WorkSafe will investigate incidents occurring at a workplace involving serious injury or illness to a worker which occurs as a result of exposure to a hazard.
Whether to investigate a serious injury or illness is decided based on WorkSafe’s triage criteria, which include factors such as:
- the degree of the immediate injury or illness
- the anticipated outcome of the injury or illness and the potential degree of any impairment
- variables that increased the injured worker’s vulnerability, such as age or experience
- the work health and safety history of the PCBU.
Fatal incidents
WorkSafe will investigate notifications of incidents that result in fatalities when they occur:
- at a workplace, whether or not the deceased person was a person working at the time
- as a consequence of a work activity, whether exposure to a hazard happened at a workplace or not
- as a consequence of a motor vehicle crash involving a person who was working at the time of the accident.
Suicide events
As a general rule, WorkSafe will not investigate the specific circumstances of a suicide event. This is because the Coroner of Western Australia investigates such matters. In some circumstances, WorkSafe may investigate how a workplace manages psychosocial (mental health) hazards if they learn about a suicide that is possibly connected to that workplace.
Investigation of multiple or concurrent PCBUs
When there are several PCBUs with responsibilities, WorkSafe will investigate each one based on the evidence presented and their legal duties. There may be circumstances where WorkSafe will come to different conclusions for each PCBU involved in the same incident.
When WorkSafe may not investigate
WorkSafe may not investigate:
- motor vehicle crashes resulting in the injury or death of a worker while travelling to work
- the death of a worker during medical treatment at a medical facility
- the death of a worker that is outside WorkSafe’s legal jurisdiction.
In some instances where an incident falls under multiple jurisdictions, WorkSafe may decide not to investigate a matter that is under investigation by another agency, such as the Western Australia Police Force.
Additionally, if another authority is already handling a criminal court case for an incident, WorkSafe may not investigate.
For more information, please refer to the WorkSafe Commissioner’s compliance and enforcement, and prosecution policies.