EHO Site Visits and Inspection Procedures

Public Health Explanatory Paper

March 2014


ACKNOWLEDGMENTS

This procedure has been prepared by the Local Government Association of SA (LGA) with the assistance of Environmental Health Australia (SA) Inc and Healthy Environs Pty Ltd for the guidance of and use by member Councils. The LGA is the statutory peak body for Local Government in South Australia, representing all 68 Councils in the State.

The Information Paper was first published by Environmental Health Australia (SA) Inc in 2007 with the assistance of the Local Government Research Scheme.

This project has been assisted by the Department for Health and Ageing (SA Health).

Enquiries regarding this publication should be directed to the LGA on 8224 2000.

EHO Site Visits and Inspection Procedures

1Purpose and Scope

This procedure describes: the types of site visits/inspections carried out by authorised officers (Environmental Health Officers); the categories of premises involved; purpose of inspections; requirements for personal safety and how to conduct and record an inspection.

The purpose of a site visit/inspection may be to investigate a customer request (CR), complete a routine inspection or to collect evidence for an alleged offence.

1.1Responsibility

This procedure has been written for use by authorised officers (Environmental Health Officers) who carry out investigations and compliance activities under relevant legislation.

Officers are required to act reasonably and transparently, demonstrate good customer service, undertake their responsibilities in a proficient manner and use their judgement where necessary to ensure an outcome in line with legal requirements and Council’s Enforcement Policy.

1.2Legislation

This procedure provides guidance for undertaking site visits and inspections related to the following legislation:

  • Food Act 2001;
  • South Australian Public Health Act 2011;
  • Supported Residential Facilities Act 1992; and
  • Environment Protection Act 1993.

1.3Definitions

Site Visit – To enter any place or vehicle for any reasonable purpose connected with the administration or enforcement of legislation.

Inspection – An examination of premises, a business, vehicle or any other thing within premises for any reasonable purpose connected with the administration or enforcement of legislation.

PPE – Personal Protective Equipment.

Premises – Any land, building (including residential premises) or place (including a public place, or a movable building or structure; or a part of a premises (under SA Public Health Act 2011 only).

Vehicle – includes an aircraft or vessel (under SA Public Health Act 2011only).

2Relevant Documentation

Evidence Collection Procedure

Action on Default

3Record Management

All documents, notes, photographs and correspondence must be stored in accordance with your Council’s Records Management protocols as required by Section 125 of the Local Government Act 1999and the State Records Act 1997.

4Procedure

Site visits may be prompted by a customer request or form part of pro-active routine duties.

A site visit will usually be used to determine whether contraventions of legislation are occurring and what action is required to remedy the contravention. Officers undertaking site visits should ensure that they are appropriately authorised under the relevant Act that they propose to investigate and are carrying their identity card.

4.1Types of inspections

a)Customer Requests

A site visit or inspection may be undertaken to follow-up a customer request and to ascertain a potential breach of legislation. Customer requests are received in a variety of ways including personal visits, telephone calls, letters, electronic mail, faxes, memoranda, referrals from other Departments or another Local or State Authority. Officers need to be aware of their powers to inspect under the relevant legislation (refer Appendix A) and Council’s service standards for customer requests.

A site visit or inspection may be necessary to ascertain the appropriateness of the relevant legislative regime and the powers available to Council toresolve the issue. Initial investigation may be required to properly understand the nature of the complaint, the alleged offence and the Council Department responsible for taking further action (based on the relevant legislation).

In cases where Council can take no action, it may be useful to note this information on the file and/or refer the request to the appropriate organisation. This should be done promptly in accordance with Councils Customer Service Standards.

b)Routine Duties

Pro-active inspections/visits will be made to a variety of premises/activities in accordance with a risk-based inspection frequency. For further information refer to the relevant procedure e.g. cooling towers, public pools, skin penetration, hair and beauty, food premises inspections, etc.

Specific forms exist for these inspections, which can be found within the relevant procedures.

c)Follow-up Inspections

A follow-up inspection is performed to collect further evidence, or confirm unsatisfactory conditions are remedied within an allocated time.

The length of time between the initial inspection and the follow-up inspection is determined by the Officer and may be stipulated in correspondence or a Statutory Notice issued by the Council.

4.1Preparation for an inspection

Prior to any visit or inspection the officer will have carried out any necessary preparatory work, which may include:

  • checking rights of entry to the site;
  • checking ownership of site (Certificate of Title);
  • checking past premises history (including colleagues and SAPol);
  • arranging appointments or obtaining a Warrant (see Warrant Procedure) if necessary;
  • collating existing information and preparing questions to be asked;
  • determining who is going to go with you (if anyone) (considering corroboration and WH&S risks);
  • checking equipment to be used and assembling all items required for the tasks ahead. Always ensure you have:
  • Identity Card;
  • note book/pen;
  • mobile phone;
  • copy of relevant legislation;
  • camera, spare battery, memory card etc; and
  • appropriate equipment for task; e.g. torch, thermometer, hairnet, camera, gloves etc; and
  • PPE, e.g. gloves, safety shoes, hard hat, visibility vest, eye and hearing protection, face masks, sun hat, etc.

4.2Inspection Procedure

In some cases, it will be necessary or preferable for the inspection to occur unannounced (the element of surprise being important for the gathering of evidence in certain cases). If that is the case, a Warrant should be obtained (see Warrant Procedure).

The following steps shall be undertaken while performing an inspection and in accordance with Power of Authorised Officers under the relevant Act:

  • Enter the premises

Note: Only enter the premises with permission of the owner/occupier (including vacant premises).

If entry is initially refused, refer to your powers as an authorised officer, Appendix A and, where applicable, the procedure for obtaining a Warrant (see Warrant Procedure).

  • identify yourself as an authorised officer under the relevant legislation to the owner/occupier/person in charge:

“My name is ‘insert name’ I am an authorised officer under the ‘insert legislation’ for the ‘insert name of relevant council’”.

  • show your identity card (Photo ID with powers and functions itemised on the back);
  • have accompanying authorised officers declare themselves and show their identity card;
  • introduce any assistants, students or police officers accompanying you on the visit;
  • ascertain owner/occupier details of the premises and business or activity conducted there;
  • undertake an inspection. During the inspection record all observations and inspection data collected on the relevant checklist e.g. AFSA pad or notebook. Refer to specific procedures for relevant checklists, etc. Make contemporaneous notes, identify persons on-site and record their names and contact details, refer toEvidence Collection Procedure;
  • at the conclusion of the inspection, communicate with the responsible person your inspection findings. This may include the results of an audit form, non-compliances and remedial action required. You may also need to discuss the issuing of a letter, statutory notice or Expiation Notice, the commencement of prosecution proceedings and any follow up inspections which may be necessary;
  • where unsatisfactory conditions are determined:
  • interview Owner/Occupier, Responsible Person;
  • explain possible action; and
  • conclude inspection.

4.3Satisfactory Result

No further action required, record details of inspection in accordance with your Council’s record management practices.

4.4Unsatisfactory Result

The following action, subject to the relevant legislation, may be taken as a result of identified non-compliance. Guidance should be sought from Council's Enforcement Policy. Where formal action is being considered it should be discussed with the appropriate Manager/Director at the earliest opportunity.

  • send an action letter;
  • issue a formal warning (for an alleged offence);
  • serve a Formal Notice, Direction or Prohibition Order, see Notices Procedure;
  • serve an Expiation Notice (for an alleged offence), see Expiation of Offences;
  • instigate prosecution proceedings (for an alleged offence), see Prosecutions Procedure;
  • conduct Action on Default; and
  • conduct a Follow up site visit/inspection.

5.Monitoring and Review of Procedure

This procedure shall be reviewed annually.

6.Appendices

Appendix A – Authorised Officer Powers of Entry Under relevant Legislation.

DME 100908

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EHO Site Visits and Inspection Procedures

APPENDIX A – Authorised Officer Powers of Entry under relevant Legislation

Act / Section / Purpose of Inspection
Food Act 2001 / s37(1) / An authorised officer may undertake inspections for the purposes of the Food Act.
a) the inspection must be at any reasonable time, and may be on premises or a vehicle used in connection with the handing of any food intended for sale, or the sale of food.
b) a warrant is not generally required to exercise powers under Section37(1).
s37(2) / However, Section 37(1) does not authorise entry into any part of premises that is used solely for residential purpose, except -
a) with the consent of the occupier of the premises; or
b) under authority of a search warrant; or
c) the premises is being used for the preparation of meals provided with paid accommodation.
Local Government Act 1999 / s261(1) / After giving reasonable notice to the owner or occupier of land, an authorised person under the Local Government Act 1999 may enter land to carry out any inspection or work that the Council is authorised to undertake under the Local Government Act 1999, or another Act.
A warrant is required if it is necessary to break into any place for the purposes of the administration of the Local Government Act 1999, unless urgent action is required.
Environment Protection Act 1993 / s87(1) / An authorised officer may enter and inspect any place or vehicle for any reasonable purpose connected with the administration or enforcement of the Act.
s87(2) / An authorised officer may not exercise the power of entry under the section in respect of premises, except where:
a)the premises are business being used at the time in the course of business; or
b)the authorised officer reasonably suspects that a contravention of this Act has been, or is about to be, committed in the premises, or
c)the authorised officer reasonably suspects that something may be found in the premises that has been used in, or constitutes evidence of, a contravention of this Act; or
d)the exercise of the power is reasonably required for the purposes of assessing the existence or causes of known or suspected site contamination.
A warrant is required if reasonable force is required to break into any place for the purposes of the administration of the Act, unless immediate action is required.
South Australian Public Health Act 2011 / s47(1) / An authorised officer may, for any purpose connected with the administration or operation of the Act or with the performance, exercise or discharge of a function, power or duty under the Act:
a) at any reasonable time, enter or inspect any premises or vehicle.
An authorised officer may use reasonable force to enter any premises or vehicle on the authority of a warrant issued by a Magistrate, or if immediate action must be taken.
Supported Residential Facilities Act 1992 / s22(1) / An authorised officer may:
a)at any time, enter and inspect land or premises where the authorised officer reasonably suspects that an offence against this Act has been or is being committed or where necessary for the purpose of determining whether a provision of the Act is being or has been complied with; or
b)at any reasonably time, enter and inspect land or premises for the purposes of the performance of any other function connected with the administration or operation of the Act; or
c)at any reasonable time, enter and inspect any premises in relation to which an exemption under section 4 of the Act applies for the purpose of investigating any matter relevant to determining whether or not the exemption should continue.
An authorised officer may only break into or open any part of, or anything in or on, the land or premises on the authority of a warrant issued by a Justice, unless the circumstances require immediate action to be taken.
South Australian Public Health (Wastewater) Regulations 2013 / s28(1) / An authorised officer may, in connection with the administration or enforcement ofthe Regulations:
a) enter premises and inspect, examine or test a wastewater system andundertake work or an activity reasonably necessary to facilitate or undertakean inspection, examination or test, or give directions as to an inspection,examination or test; and
b) take samples of a substance or thing for analysis.
Refer also to South Australian Public Health Act 2011 Section 47(1).
South Australian Public Health (Legionella) Regulations 2013 / Refer to South Australian Public Health Act 2011 Section 47(1).
South Australian Public Health (General) Regulations 2013 / Refer to South Australian Public Health Act 2011 Section 47(1).