Is an employer allowed to inspect office drawers and cabinets in Australia?
<p>My employer (in New South Wales, Australia) conducts frequent office inspections. Although they used to only look at fire and electrical hazards, the health and safety team (made of employees that volunteer for this task) have recently started inspecting the content of the drawers and cabinets located under and above our desks.</p>

<p>Here are my questions:</p>

<p>Is an employer allowed to inspect drawers and cabinets without the employee's consent?</p>

<p>If yes, can the employee request this to be done only when the employee is present?</p>

<p>Is it different if the cabinets are locked or can be locked with a key (even if the employer has a general key to open all draws)?</p>

<p>This link suggests that an employer is not allowed to do so, but they don't provide any reference: <a href="http://workplaceinfo.com.au/hr-management/hr-policies/q-a/can-you-search-employees-bags-and-lockers" rel="nofollow noreferrer">http://workplaceinfo.com.au/hr-management/hr-policies/q-a/can-you-search-employees-bags-and-lockers</a></p>

<p>"If a locker is granted for an employee’s use, to the exclusion of all other persons, an employer has no unqualified right to open the locker."</p>

<p>The article you link has a link to <a href="https://www.tic.tas.gov.au/decisions_issued/2002/t10377" rel="nofollow noreferrer">Construction, Forestry, Mining and Energy Union,
Tasmanian Branch (T10377 of 2002) and Incat Tasmania Pty Ltd</a> concerning whether Incat were allowed to search employee's bags as they left the premises. TL;DR <strong>Yes, they are</strong>.</p>

<p>This was a case about searching <em>employee's</em> bags: you are asking if they can search the <em>employer's</em> drawers and cabinets: almost certainly, yes. Even if they have no good reason for doing so because the drawers and cabinets belong to them.</p>

<p>If these were private lockers provided to individual employees for personal items then they would need a legitimate reason. Prima facie, WHS is a legitimate reason but they would need to articulate how searching personal lockers achieves the legitimate WHS outcomes.</p>

<blockquote>
  <p>Is an employer allowed to inspect drawers and cabinets without the employee's consent?</p>
</blockquote>

<p>If they are the employer's drawers and cabinets: yes. If they are the employee's: yes if they have a legitimate reason and the inspection is carried out in accordance with an agreed policy.</p>

<blockquote>
  <p>If yes, can the employee request this to be done only when the employee is present?</p>
</blockquote>

<p>They employee can request anything they like. <a href="https://cricketb.wordpress.com/2009/03/11/elephant-ear-on-a-bun/" rel="nofollow noreferrer">Elephant ear on  bun</a> anyone?</p>

<p>If they are the employer's drawers and cabinets: the employer can refuse the request. If they are the employee's: they must do it in accordance with the agreed policy.</p>

<blockquote>
  <p>Is it different if the cabinets are locked or can be locked with a key (even if the employer has a general key to open all draws)?</p>
</blockquote>

<p>No</p>

australia employer