Mandatory and discretionary investigations
The Occupational Health and Safety Act 1991 provides that some investigations are mandatory. Comcare has discretion in relation to all other investigations.
Mandatory investigations
- where an employer disputes a provisional improvement notice (PIN) issued by a health and safety representative (HSR)
- a request from a HSR for investigation of a PIN that has not been complied with, and
- a dispute between a supervisor and a HSR about whether imminent danger exists.
Discretionary investigations
Priority One Investigations
- incidents resulting in a death or serious bodily harm (eg. loss of a limb function), and
- incidents that expose employees or third parties (e.g. contractors, children or other members of the public) to a substantial risk of death or serious bodily harm.
Priority Two Investigations
- recurrent patterns of injury and/or incidents
- dangerous occurrences
- a request made on reasonable grounds, from an employee representative (if requested by an employee), HSR or an employer, that an investigation be conducted at a workplace
- an allegation relating to the adverse treatment of an employee for raising health and safety concerns
- a targeted investigation program (e.g. compliance with specific Regulations), and
- investigations concerning OHS policies and practices.
