Work health and safety entry permit holders

Conditions of entry

Entry to investigate a suspected contravention

Entry permit holders are not required to give prior notice of entry.

As soon as is reasonably practicable after entering a workplace, a work health and safety entry permit holder must give a Notice of Entry by WHS Entry Permit Holder form (PDF, 157.7 KB) to the employer.

This rule does not apply if giving notice will defeat the purpose of entry or will unreasonably delay the entry permit holder.

Entry to inspect employee documents or to consult with workers

A work health and safety entry permit holder must give at least 24 hours (but not more than 14 days) notice of a proposed entry to:

• inspect or make copies of employee records or other documents, directly relevant to a suspected contravention, that are not held by the employer
• enter a workplace to consult or provide advice on work, health and safety matters to one or more workers.

Entry to security-sensitive and Australian defence facilities

We recommend that unions and employers consider establishing contact and operational protocols to facilitate entry to security-sensitive and Australian defence facilities. For example, an employer should let security and other point-of-entry workers know if an entry permit holder is expected to visit.

Responsibilities

Entry permit holder responsibilities

As a work health and safety entry permit holder, you must:

• always have your entry permit and photographic identification available for inspection on request when you are at a workplace under a right of entry
• take all reasonable steps to ensure you cause as little inconvenience, detriment or damage at a workplace as possible
• comply as far as you are reasonably able to with any reasonable instruction given by the employer—for example, to wear protective equipment, to be escorted or to comply with other legislative requirements that a workplace must follow
• take reasonable care for your own health and safety and ensure that your acts or omissions do not adversely affect the health and safety of others.

You must not:

• enter a workplace for the purpose of holding discussions with workers generally
• insist that a worker participates in consultations when the worker has made it clear that they do not want to
• enter any part of a premises used solely for residential purposes
• solicit membership while exercising your entry permit holder duties
• disclose the name of any worker, either in the written notice or verbally, to an employer unless that worker has consented
• use or disclose information or documents obtained at a workplace in an unauthorised manner
• act in an improper manner—that is, refuse to show your entry permit, act in an intimidating, abusive or bullying manner.

Employer responsibilities

An employer must not:

• without reasonable excuse, refuse or unduly delay an entry permit holder from entering a workplace
• intentionally and unreasonably hinder or obstruct an entry permit holder from entering a workplace or exercising any rights.