The short version
- Stay calm, check the inspector’s ID and give them access.
- It is an offence to hinder, obstruct or mislead an inspector.
- Inspectors can take photos, samples and documents and ask questions.
- Get legal advice before any formal interview or written statement.
In this article
A SafeWork inspector visit can happen with little or no warning. If a SafeWork NSW inspector turns up at your workplace, stay calm, ask to see their identification, give them access and cooperate. At the same time, take notes, keep a copy of anything you hand over and get legal advice before you give a formal interview or written statement.
This guide explains why inspectors visit, what they can do and how to protect your business on the day. For the bigger picture, read our guide to what the WHS Act means if SafeWork NSW investigates.
Why Would a SafeWork Inspector Visit?
SafeWork NSW says inspector visits may follow an incident, a complaint, or a targeted program aimed at preventing injuries in an industry. Visits can happen with little or no notice.
During a visit, an inspector may give advice, check whether you are meeting your legal obligations, investigate an incident or issue notices to make you fix a problem.
What Can a SafeWork Inspector Do on Site?
Under the Work Health and Safety Act 2011 (NSW) (the WHS Act), inspectors have wide powers. SafeWork NSW says they may:
- enter any premises they have reason to believe is a place of work
- conduct interviews and make inquiries, in private if necessary
- take photographs, recordings, measurements and samples
- gather, examine and copy documents
- secure or seize evidence.
Inspectors can bring technical experts with them and can ask the police for help if needed.
What Should You Do When the Inspector Arrives?
- Check identification. Inspectors will identify themselves and can show formal ID on request.
- Ask why they are there. Is it a routine check, a complaint or an incident? The answer tells you how serious the visit is.
- Give access and be courteous. SafeWork NSW asks businesses to be honest, provide access and give reasonable help.
- Nominate one contact person. A manager who knows the site should go with the inspector.
- Take your own notes and photos. Record what was inspected, who was spoken to and what was taken.
- Keep copies. Keep a list or copy of every document and item handed over or seized.
- Call your lawyer. Early advice helps you deal with any notices and requests that follow.
What Should You Avoid?
It is an offence to hinder, obstruct, assault, threaten, intimidate or impersonate an inspector, or a person helping them. You must not hide a location, person, plant, substance or thing from them.
Avoid guessing, speculating about what caused an incident or admitting fault in casual conversation. Stick to facts you know. If you are unsure, say you will check and come back to them.
What Happens After the Visit?
The inspector may leave with no further action. They may also:
- issue an improvement notice, requiring you to fix a problem by a set date
- issue a prohibition notice, stopping an activity that creates an immediate risk
- issue a penalty notice, which is an on-the-spot fine
- start an investigation and issue notices requiring documents, written answers or an interview.
Written notices have their own rules and deadlines. Our guide to the SafeWork NSW notice to produce explains what you must provide and what you can protect.
Related guides: read more about SafeWork NSW investigations and the WHS Act and section 155 notices.
Need help with this?
Dealing with SafeWork NSW?
Eric was Principal Solicitor (Litigation) at SafeWork NSW. He can review your matter and explain your options before you respond.
See how Eric helps with SafeWork NSW matters →Frequently Asked Questions
Do I have to let a SafeWork NSW inspector into my workplace?
Yes. Inspectors can enter any premises they have reason to believe is a place of work, and it is an offence to hinder or obstruct them. Give them access, then call your lawyer.
Can I ask a SafeWork inspector for ID?
Yes. SafeWork NSW says inspectors will identify themselves when they visit and can produce formal identification on request.
Do I have to answer an inspector’s questions on the spot?
Inspectors can make inquiries and require information. Refusing a formal requirement without a reasonable excuse can be an offence, so be polite, keep answers factual and get legal advice before any formal interview or written statement.
Can I challenge a notice the inspector gives me?
Some inspector decisions, such as improvement and prohibition notices, can be reviewed. For decisions under the WHS Act, an internal review application must be made within 14 days.
Speak With Eric Before You Respond
A SafeWork inspector visit can be the start of an investigation. The early steps, including what you say on the day, can shape what happens next.
Eric Navea previously worked as a Principal Lawyer at SafeWork NSW. He understands how inspectors gather evidence and how investigations move towards prosecution.
Learn more about Eric’s work as a SafeWork NSW defence lawyer.
Had a SafeWork NSW inspector at your workplace? Speak with Eric before you respond.
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Disclaimer
This article is general information only and is not legal advice. It was last reviewed in November 2026. Penalty amounts are for the 2026–27 financial year and increase each 1 July. Your situation depends on your own facts, so speak with a lawyer before responding to SafeWork NSW. Case outcomes depend on the individual facts and circumstances of each matter.