The applicant applied for an external review under s 229 of the Work Health and Safety Act 2020 (WHS Act) of five improvement notices issued by an inspector. The notices addressed issues such as monitoring airborne concrete dust, traffic management, guarding on a conveyor, a data plate on a forklift, and safe working load information for trestles.

The applicant contested the validity of the improvement notices, arguing that the inspector lacked the legal authority to issue them and did not properly identify the basis for their issuance. The applicant further claimed that there were insufficient facts to support a reasonable belief that they had contravened the WHS Act and regulations as set out in the notices.

The Tribunal observed that in its application, the applicant had focused on a series of technical complaints and legal arguments, rather than on the substance of managing reasonable safety risks. This strategy meant the applicant had not negated the substantive safety concerns identified by the inspector.

The Tribunal concluded that the notices were justified and necessary to address significant safety risks, and that the applicant had not sufficiently demonstrated that the inspector’s belief was unreasonable.

Accordingly, the Tribunal ordered that the internal review decisions the subject of applications WHST 4, 5, 6, 7 and 8 of 2024 be confirmed.

  

The decision can be read here.