A WHS entry permit holder, in the perspective of workers, refers to a union official who has undergone approved training and possesses a valid entry permit under the Fair Work Act 2009 (Cth) or Industrial Relations Act 2016, along with the Work Health and Safety Act 2011 (WHS Act).
These permit holders play a crucial role in ensuring worker safety by providing consultation and advice on WHS matters and investigating suspected contraventions of the WHS Act.
For workers to understand when a WHS entry permit holder can enter a workplace, it is important to note that entry is permitted for inquiries about suspected WHS contraventions, inspection of employee records, and providing consultation or advice on WHS matters. Importantly, entry is conditional upon the suspected contravention relating to a relevant worker.
A relevant worker, in this context, includes a person who is a union member represented by the WHS entry permit holder and works at the intended workplace for entry. It also encompasses a worker eligible to be a union member, even if they are not presently a member, and the identity of such workers need not be disclosed to the workplace authority.
Notification of entry is a requirement, and a WHS entry permit holder must promptly inform the Person Conducting a Business or Undertaking (PCBU) and the person with management and control of the workplace after entering, unless it compromises the entry's purpose or causes unreasonable delay in urgent cases.
Under sections 117, 120, and 121 of the WHS Act, a WHS entry permit holder has various rights during entry, including inspecting relevant elements, consulting with workers and the PCBU, and requesting or copying records and documents directly related to the suspected contravention. The permit holder may also provide advice on WHS matters, issue warnings about health or safety risks, and inspect or copy employee records.
WHS entry permit holders are safeguarded by the law, and penalties apply for hindering or obstructing their entry. They must comply with specific requirements, such as producing photographic identification, entering during usual business hours, restricting entry to areas related to the investigation, avoiding residential areas, and protecting the identity of workers.
Additionally, the permit holder is obliged to follow reasonable requests related to WHS and other legislative requirements, as well as refrain from disclosing unauthorized information collected from the workplace for purposes unrelated to the right of entry.