In a fairly unusual incident, SafeWork SA has issued a warning in August this year after a man impersonated a SafeWork SA Inspector and subjected two workers to a roadside drug and alcohol test.

Fake Inspector

The workers were carrying out earthworks at Victor Harbor when they were approached by a man at 1.30am on 19 July 2025 who claimed to be a SafeWork SA Inspector. He produced fake identification and then conducted an alcotest and saliva test on the unsuspecting pair. The imposter, who was wearing high visibility clothing, spoke briefly to the workers before walking a short distance and driving off in a car.

The workers’ employer notified SafeWork SA about the incident, which has been referred to SA Police. Under the Work Health and Safety Act 2012 (SA), it is illegal to impersonate an Inspector. The maximum penalty is a $10,000 fine.

Although this is an isolated incident, SafeWork SA has urged employers and employees to be vigilant for anyone posing as an Inspector. All SafeWork SA Inspectors carry official photographic identification and wear a uniform with SafeWork SA branding. The agency does not conduct random night-time audits of this type or conduct drug and alcohol or other biological tests.

Employers and workers should contact their local Regulator if they have any doubts about the bona fide of an Inspector.

Role and powers of Inspectors

This incident is a good opportunity to remind employers of the role and powers of SafeWork SA Inspectors, which are largely mirrored in other states and territories.

As the state’s workplace health and safety (WHS) regulator, SafeWork SA is responsible for ensuring WHS and public safety standards are met. Inspectors undertake workplace visits to provide advice and information to businesses and industries to assist in improving work health and safety practices. They also monitor and enforce compliance with work health and safety laws and will notify employers if a health and safety issue has been detected during a visit to a workplace.

Visits by SafeWork SA Inspectors to workplaces could be in response to:

• an incident;
• a complaint; or
• as part of a targeted proactive compliance campaign.

SafeWork SA Inspectors will always introduce themselves as an Inspector when carrying out their duties. Each Inspector carries identification and will produce this on attendance at the workplace. Inspectors will also be wearing a SafeWork SA uniform.

When a SafeWork SA Inspector visits a workplace they will advise the business of the purpose of their visit, and may want to:

• inspect the workplace;
• speak to the manager, or person in control of the workplace, workers or a Health and Safety Representative (HSR);
• review the business’ health and safety documentation; and
• speak about identified hazards and the controls that have been put in place.

Inspections may be conducted in the company of a worker, manager or HSR from the business. The Inspector may talk to a range of people, gathering as much information as possible about the workplace in order to assist them to take the most appropriate action. In carrying out their duties, Inspectors may request the assistance of other technical or scientific experts. They may also request the assistance of police officers, if required.

In undertaking their duties at a workplace, SafeWork SA Inspectors may:

• enter any premises they have reason to believe is a place of work;
• request a person’s name and address;
• determine the outcome of matters raised by HSRs;
• assist in resolving disputes relating to entry permit holders;
• inspect, examine anything and make enquiries at the workplace;
• take measurements, conduct tests and make sketches;
• take recordings including photographs, films, audio, video, digital;
• require a person at the workplace to give the Inspector reasonable help to exercise the Inspector’s powers;
• gather, examine and copy documents;
• ask questions and conduct interviews (in private if necessary);
• remove samples for analysis or seize anything as evidence; and
• take statements.

Any person is not required to provide information or documentation that:

• may incriminate that person individually or subject that person to penalty; or
• is subject to legal professional privilege.

It is important not to hinder or obstruct, impersonate, assault, threatened or intimidate an Inspector; to do any of these is an offence.

Compliance and Enforcement

At the end of or following a visit, an Inspector may:

• issue an Improvement Notice directing a person or organisation to undertake corrective action for an identified risk;
• issue a Prohibition Notice directing the cessation of any activity that creates an immediate risk to the health or safety of workers, visitors to the workplace, or members of the public;
• issue an Expiation Notice (an on-the-spot fine) for an identified breach of the legislation;
• issue a Non-Disturbance Notice, requiring a person to preserve a site, or prevent the disturbance of a particular site, item, plant, substance, structure or thing; or
• initiate and conduct investigations to identify causes of incidents, injuries and illnesses.

Following the investigation, Inspectors may also proceed with further compliance and enforcement action including prosecutions being filed in the South Australian Employment Tribunal and the Magistrates Court or seeking an enforceable undertaking.

It is a criminal offence to not comply with SafeWork SA Inspectors when they exercise their enforcement powers. Fines of up to $10,000 for an individual and $50,000 for an incorporated entity apply.

This article was written by Chris Morey, Special Counsel, and reviewed by Clare Raimondo, Partner.