WorkSafe Notice Response · Victoria

WorkSafe Notice in Hand?
You have days, not weeks.

We help Victorian businesses respond, fix the issue, and close the notice without overcorrecting, missing the deadline, or escalating the matter. Led by a former WorkSafe Victoria inspector.

Same-day response, Mon-Fri Former WorkSafe inspector Fixed-fee scoping

Book a 15-min Call Or call: 0435 245 411

Most improvement notices give you 7 to 21 days. Every day spent guessing is a day closer to escalation.

Types of WorkSafe notices: know what you're dealing with

Not every notice carries the same weight. Identifying which one you've received determines how fast you need to act, what's at stake, and whether the deadline is fixed or immediate.

Section 111

Improvement Notice

Issued when an inspector reasonably believes you are contravening the OHS Act 2004 or a regulation, or have done so in circumstances that make it likely the contravention will continue or be repeated.

You're given a defined period to comply, typically 7 to 28 days.

What's at stake Failure to comply is itself an indictable offence, on top of the original breach.

Section 112

Prohibition Notice

Issued when an inspector reasonably believes a workplace activity involves an immediate risk to health or safety. The activity must stop immediately and cannot resume until the risk is controlled and an inspector is satisfied.

What's at stake No deadline because the activity stops now. Operating in breach is a serious offence with significant penalties.

Section 113

Non-Disturbance Notice

Issued to preserve a workplace, plant, or substance, usually following a notifiable incident or where evidence is needed for an investigation. Nothing in the cited area can be moved or altered until WorkSafe permits.

What's at stake Operational disruption, evidence preservation obligations, and exposure to investigation outcomes.

Not sure which notice you've received? Send it to us. We'll tell you what it requires, what it doesn't, and what your next step should be.

A clear path from notice to closure

Four steps. Built around what WorkSafe inspectors actually look for to close a notice.

Assess

We review the notice, the cited regulation, and your workplace. You'll know within the first call what's required and what isn't.

Advise

A practical compliance path that's defensible under SFAIRP, not over-engineered. We tell you what's reasonably practicable.

Implement

Drafting policies, procedures, risk controls, or evidence packs. Whatever the notice actually requires, no more.

Close

Guidance on submitting evidence to WorkSafe so the notice closes cleanly, on time, the first time.

Why businesses call us before they call a lawyer

A WorkSafe notice doesn't need a $15,000 legal response. It needs a clear understanding of what the inspector saw, what the regulation actually requires, and what evidence will close the matter. That's the work. We do it directly with you, without billable-hour theatre, and we know what inspectors look for because we used to be one.

Former WorkSafe Inspector

First-hand enforcement experience. We've issued notices, reviewed responses, and know what closes them.

Risk-Based, Not Paperwork-Based

We don't sell binders. We deliver controls that hold up to inspection, audit, and real-world operation.

Built for Victorian SMEs

Warehousing, logistics, manufacturing, shipping, care. Practical advice tailored to how your business actually runs.

Common reasons WorkSafe issues improvement notices

Most notices issued in Victoria fall into a handful of recurring categories. If yours involves any of the below, you're not alone, and the path to compliance is well-understood.

Plant and equipment safety

Unguarded machinery, missing isolation procedures, inadequate maintenance records, or operators without verified competency.

Hazardous manual handling

Failure to identify, assess, or control musculoskeletal risks under Part 3.1 of the OHS Regulations 2017.

Traffic management

Inadequate separation between pedestrians and powered mobile plant, missing site traffic plans, or poor visibility controls.

Hazardous substances and dangerous goods

Missing or outdated safety data sheets, inadequate storage and labelling, or unmanaged exposure controls.

Psychosocial hazards

Workplace bullying, occupational violence and aggression, or sexual harassment without identified controls. Increasingly common since the 2025 regulations.

Falls from height

Working at height without compliant fall prevention, missing edge protection, or unverified anchor points.

Consultation and HSR obligations

Failure to consult with employees on OHS matters, or to support elected Health and Safety Representatives in their statutory functions.

Incident response and investigation

No structured response to reportable incidents, inadequate investigation, or failure to implement corrective actions.

Not every notice should be complied with

Sometimes the right answer is to challenge the notice

Improvement notices aren't always correctly issued. The cited regulation may not apply, the inspector's belief may not meet the reasonable grounds threshold, or the required control may not be SFAIRP. Complying when you should be challenging means accepting an avoidable cost and an unwarranted compliance record.

As part of our assessment, we tell you whether the notice is defensible as issued, or whether there's a credible case for an Internal Review Unit (IRU) application.

We give you the honest answer first. Then we help you act on it.

When to consider an IRU challenge

The cited regulation doesn't apply to your activity or workplace
The inspector's belief doesn't meet the reasonable grounds threshold
The required control is disproportionate to the actual risk
The notice contradicts existing accepted controls or codes of practice
The deadline is not reasonably practicable given the work required

IRU applications have strict timeframes. Don't wait for the compliance deadline before deciding.

What happens if you don't close the notice on time

Missing a deadline doesn't mean a slap on the wrist. Non-compliance with an improvement notice is an indictable offence under section 111 of the OHS Act 2004.

Penalties go up to $101,755 for an individual and $508,775 for a body corporate. The matter is heard in court, becomes part of the public record, and gets cited in any future enforcement action against your business.

The fix at the notice stage is almost always cheaper, faster, and quieter than the fix after escalation. That's why acting early, with the right advice, is the lowest-risk decision available to you right now.

Don't wait until the deadline

15-minute call. No charge. You'll leave with a clear view of what the notice requires and what your next step should be.

Pick a Time Below

What to do in the first 48 hours

Before you call anyone, do these things. They protect your position, clarify your scope of work, and prevent the most common mistakes we see when businesses try to fix a notice on instinct.

Day 1

Read the notice in full and identify the cited section The specific regulation or section of the OHS Act 2004 tells you exactly what the inspector believes is non-compliant. Don't guess from the description.
Note the compliance date and the issue date The clock starts on the issue date, not the day you read it. If the deadline is tight, this is the single most important detail.
Photograph the workplace as it stands now You may need to demonstrate before-and-after evidence to close the notice. Capture the cited area before any changes are made.
Stop discussing the notice publicly or with the inspector beyond procedural matters Anything you say can support future enforcement. Stick to acknowledging receipt and indicating that you're working on compliance.

Day 2

Gather your existing risk assessment, controls, and consultation records for the cited hazard If you can show the inspector that controls existed but were inadequately implemented, your remediation path is different from a position of having no controls at all.
Identify your Health and Safety Representative (HSR), if elected HSRs have statutory functions in addressing notices. Excluding them is itself a compliance risk.
Decide whether to comply, challenge, or seek an extension This is the strategic decision. Get it wrong and you'll pay for it twice. This is where most clients call us.
Don't submit anything to WorkSafe yet Once you submit evidence of compliance, the inspector reviews it against the notice. If it's incomplete or wrongly framed, you've used your shot. Get the response right the first time.

Talk to a former WorkSafe inspector. Today.

15 minutes. No charge. Pick a time that works, get an instant calendar invite, and leave the call with a clear view of what the notice requires and what your next step should be.

RAS-OHS made a stressful situation manageable. Clear guidance, fast turnaround, and total professionalism.

Small Business Owner, Victoria

Common questions about WorkSafe Improvement Notices

Straight answers to what business owners and OHS managers ask us most.

How much time do I have to comply with the notice?

The compliance date is printed on the notice itself, typically 7 to 21 days from the issue date. Start work immediately. Inspectors expect to see action begun, not action planned.

What's the difference between an improvement notice and a prohibition notice?

An improvement notice (section 111) gives you a defined period to fix a contravention. A prohibition notice (section 112) requires an activity to stop immediately because of an immediate risk to health or safety. The activity cannot resume until controls are in place and an inspector is satisfied. Both are enforceable under the OHS Act 2004 and both carry significant penalties for non-compliance.

Can I get an extension?

Sometimes. Extensions must be requested before the original deadline, with evidence of the work already done and a credible reason for the delay. Acting early dramatically improves your chances. We can help draft the request.

Can I challenge the notice?

Yes, through WorkSafe Victoria's Internal Review Unit (IRU). Applications must be lodged within strict statutory timeframes and supported by clear evidence and a defensible position. Grounds for challenge include the cited regulation not applying, the inspector's belief not meeting the reasonable grounds threshold, or the required control not being SFAIRP. We've supported businesses through successful IRU reviews where the notice was set aside.

Do I have to tell my insurer or my clients?

It depends on your insurance policy wording and your contractual obligations. Most public liability and management liability policies require notification of regulatory action. Some commercial contracts also require disclosure. Check both before assuming you can keep the matter internal. We can talk you through the practical implications, but specific legal or insurance advice should come from your broker or solicitor.

What if I can't comply in time?

Non-compliance with an improvement notice is an indictable offence under section 111 of the OHS Act 2004. Penalties go up to $101,755 for an individual and $508,775 for a body corporate. The matter goes to court and becomes part of the public record. Acting early avoids this entirely.

Will closing the notice clear my compliance record?

Closing the notice ends the immediate enforcement action. However, the notice itself remains on WorkSafe's record and can be considered in any future inspection or enforcement decision. This is one reason it's worth getting the response right rather than just rushing to close it.

Do you communicate directly with WorkSafe on my behalf?

You remain the point of contact, which is the legally correct position. We work alongside you, prepare your responses, and make sure what goes back to WorkSafe is clear, compliant, and supported by evidence.

What industries do you work with?

Victorian SMEs across warehousing, logistics, manufacturing, shipping, and the care sector (aged care, disability, NDIS, health). If you're a Victorian employer with OHS duties, we can help. Construction and asbestos work fall outside our scope.

Industries we support across Victoria

Each sector carries its own enforcement profile. We bring direct, practical experience across the industries where Victorian SMEs most commonly receive WorkSafe notices.

Warehousing

Pallet racking, traffic management, manual handling, and powered mobile plant.

Logistics and Transport

Loading and unloading, fatigue management, and vehicle-pedestrian interactions.

Manufacturing

Plant guarding, isolation procedures, hazardous substances, and noise.

Shipping and Maritime

Port operations, confined spaces, working at height, and onboard safety systems.

Aged and Residential Care

Occupational violence and aggression, manual handling, and psychosocial hazards.

Disability and NDIS Providers

Worker safety in client-facing roles, lone working, and behaviour-related risks.

You've read enough. The deadline is moving.

Pick a 15-minute slot above. We'll review the notice, give you a straight answer on what it requires, and tell you whether you need our help or just clearer guidance. Either way you leave the call with a plan.