SafeWork is the workplace health and safety (WHS) regulator in NSW. They work with the NSW community to reduce work-related injuries and illnesses, making it safer to do business. SafeWork's main functions include:
- Monitor and ensure compliance with the Act.
- Provide advice, information, and education on safety matters.
- Conduct and defend legal proceedings related to the Act in court or tribunal
What types of complaints can you make?
You can complain to SafeWork NSW about physically unsafe workplaces, that are not meeting their obligations under work health and safety legislation. This includes in relation to:
- Bushfire Smoke
- Emergency Plans
- Facilities at Work
- Fatigue
- Instructions and Training
- Personal Protection Equipment (PPE)
- Pregnancy
- Sedentary Work
- Violence
- Other Hazards
You can also complain about psychologically unsafe workplaces, that are not meeting their obligations under work health and safety legislation. This includes concerning:
- Alcohol and Other Drugs (AOD)
- At Risk Workers
- Bullying and Harassment
- Workplace Stress
Jurisdiction:
Covers all employees in NSW.
Time Limitations:
SafeWork NSW does not impose strict time limitations for making complaints related to workplace safety issues. However, you should report safety concerns as soon as possible to ensure timely investigation and resolution of the issue.
SafeWork NSW will not deal with complaints about:
SafeWork NSW cannot handle complaints about workplaces or employment unless they involve health and safety concerns.
Exercise of Discretion:
SafeWork NSW has broad powers to take action to monitor and ensure compliance with Work Health and Safety Legislation. However, it does not take action on every complaint or report it receives. When deciding what, if any, action to take SafeWork will prioritise:
- matters that pose a potential for serious harm or death
- new or emerging work health and safety issues
- complaints about issues where there has been an increase in the frequency.
Who can you make a complaint against?
You can make a complaint against:
- Workplaces: You can make a complaint about a NSW workplace.
- Employers: You can make a complaint about an employer operating within NSW.
- Employees and Workers: You can make a complaint about the actions or conduct of an employee or worker in NSW. This includes supervisors and managers as well as colleagues.
- Contractors and Subcontractors: You can make a complaint about contractors and subcontractors who are performing work in NSW.
- Training Providers: Complaints about WHS training providers in NSW can be lodged if there are concerns about the quality or effectiveness of their training programs.
SafeWork NSW will not deal with complaints about:
Workplaces outside of NSW.
Are you eligible to make a complaint?
Who can make a complaint: Anyone, including workers, visitors, and members of the public, can make a complaint to SafeWork NSW if they have concerns about workplace safety and health practices.
Before you lodge a complaint:
Before raising a workplace health or safety issue with SafeWork, you should raise the matter with the workplace to see if they are able to resolve your concerns. You may do this by:
- reporting the issue verbally to a supervisor or manager;
- reporting the issue through the workplace's hazard reporting procedures;
- raising the issue with the health and safety representative; or
- raising the issue with management through your union representative.
Can complaints be made on behalf of someone?
Yes, with the person’s consent or authorisation to act on their behalf, a third-party or representative complaint can be made. Some common people and organisations that might make a complaint on someone else' behalf include:
- Family members;
- Legal Representatives;
- Health and Safety Representatives (HSRs);
- Trade Unions and Employee Associations; or
- Advocacy Organisations.
What can this body do to help?
SafeWork NSW may provide:
- Education and Advice: SafeWork NSW provides education, advice, and guidance to employers, workers, and other stakeholders to help them understand and comply with WHS laws and regulations. This proactive approach aims to prevent safety issues from arising in the first place or stop a problem recurring.
- Compliance Notices: SafeWork NSW inspectors can issue compliance notices to businesses or individuals found to be in breach of WHS laws. These notices outline specific actions that must be taken to rectify safety violations within a specified timeframe.
- Improvement Notices: A SafeWork NSW inspectors may issue an Improvement Notices if they identify non-compliance with WHS laws that pose a risk to health and safety. The notice will require the recipient to take specified corrective actions within a set period.
- Prohibition Notices: If an inspector identifies an imminent risk to health and safety, they can issue prohibition notices, which require the cessation of specific activities or operations until the safety issue is resolved.
- Enforceable Undertakings: In some cases, SafeWork NSW may accept enforceable undertakings from businesses or individuals who have committed WHS violations. These undertakings outline agreed-upon actions that must be taken to rectify the breaches, and they are legally binding.
- Penalties and Fines: Individuals, businesses, or organisations found guilty of significant WHS breaches through court proceedings can face fines, penalties, and, in some cases, imprisonment.
- Injunctions: SafeWork NSW may seek court injunctions to halt unsafe work practices or conditions, particularly when immediate action is necessary to protect workers' safety.
- Civil Prosecution: SafeWork NSW can initiate legal proceedings against individuals, businesses, or organisations that are in serious breach of WHS laws. This can lead to fines, penalties, and court-imposed sanctions if found guilty.
- Criminal Prosecutions: Taking legal action against individuals or entities that commit serious breaches of work health and safety laws. If found guilty, the accused may face significant fines, penalties, or imprisonment, depending on the severity of the offence.
Additional Information:
SafeWork’s primary role is to assess and address issues of non-compliance with the work health and safety legislation. It is not the role of SafeWork to resolve individual workplace disputes. The actions taken by SafeWork may have consequences for the workplace or employer, but it will not necessarily be of direct benefit to you.
How to prepare your complaint
Format:
Complaints to SafeWork NSW can be submitted in various formats, including written forms, emails, letters, or even verbally over the phone. The preferred format may depend on the nature and urgency of the complaint. Written complaints are often preferred for complex or detailed matters, while verbal complaints may be suitable for urgent safety concerns.
SafeWork NSW may have complaint forms available for specific types of complaints, but generally, they accept complaints in writing or through other forms of communication.
Personal Details:
You can choose to remain anonymous when making a complaint. However, this may impact the action SafeWork can take and prevent them from providing you with a response.
If you are comfortable, you can provide you name and contact details.
Respondent's Details:
In your complaint you need to provide the name of the workplace, employer or employee that you are complaining about. You should also provide their contact details, such as their address and phone number, if you have it.
Relevant Facts:
Include specific details about the WHS concerns:
- Date, time, and location of the incident or safety issues;
- Names of witnesses, if any, and their contact information if possible;
- Description of the safety concerns, including hazards, unsafe practices, or incidents;
- Impact of the problem on workers or workplace safety.
- Steps already taken to try to resolve the problem; and
- The desired outcome or resolution you are seeking.
Supporting documentation, such as photographs, reports, or witness statements, should be provided if available and relevant.
What Not to Include:
Do not include false or misleading statements. Provide accurate and truthful information to support your complaint.
Additional Information:
- Anonymity: Inspectors won't tell the workplace who made the complaint unless you agree. If you choose to stay anonymous, the inspector won't be able to ask you for more details or update you on the matter.
- Timing: If you have not lodged your complaint as soon as you become aware of a WHS issue, you should explain the reasons for your delay.
Lodging your complaint and next steps:
Lodgement:
- Email: contact@safework.nsw.gov.au
- Post: SafeWork NSW
Locked Bag 2906
LISAROW NSW 2252 - Telephone: 13 10 50 (8:30 am to 5:00 pm Monday to Friday). If you require the assistance of an interpreter you can call the Translating and Interpreting Service (TIS National) on 13 14 50. TIS National will connect you with an interpreter who will help you to speak with SafeWork.
- In-Person: Your local service NSW centre
- Via App: You can report unsafe work online using Speak Up. This option includes the ability to remain anonymous.
Next Steps:
- Receipt/Acknowledgment of Complaint: SafeWork NSW acknowledges complaints once they have been received. The acknowledgment may be in the form of a written confirmation, email, or other communication. The acknowledgment will include a reference number, which can be used for future correspondence and inquiries about your complaint.
- Assessment/Investigation: After receiving your complaint, SafeWork NSW will assess the information you have provided and determine what, if any action, is warranted. The assessment may involve gathering additional information from you, any witnesses you have identified, and the respondent. The timeframes for assessment and investigation can vary based on the complexity and urgency of the complaint. SafeWork NSW strives to conduct investigations in a timely manner.
- Administrative Response: This is the initial action taken once a complaint is received. It typically involves reviewing the complaint details, logging it into the system, and determining which department or inspector should handle it. The administrative response sets the groundwork for further investigation or action.
- Verification Visit: After the preliminary review, a verification visit may be scheduled. During this visit, inspectors go to the site in question to observe conditions, gather evidence, and speak with relevant parties. This step is crucial for verifying the accuracy of the complaint and determining the extent of any potential safety violations.
- Inspector Response: Following the administrative review and any necessary verification visits, an inspector will take appropriate action based on the findings. This could include providing recommendations to the workplace, issuing safety notices, or taking enforcement actions if violations are confirmed. The inspector's response aims to address and resolve the issues raised in the complaint effectively and ensure compliance with safety standards.
Additional Information:
It is a good idea to keep a copy of the complaint made for your records. You should inform SafeWork NSW about any changes or developments that may impact your complaint.
More information:
Refer to the factsheet provided below for more information.
