The ACT Government has announced changes to the process of issuing WHS Entry Permits to union officials in the ACT. A new format for WHS Entry Permits has also been announced.

The responsibility for issuing the permits has moved to the Construction and Workplace Licensing Team of the Construction, Environment and Workplace Protection Division of Access Canberra. The process has resulted in a change to the format of WHS Entry Permits issued in the ACT jurisdiction. All WHS Entry Permit Holders have been contacted by the Construction and Workplace Licensing Team to advise them of the change. All previously issued WHS Entry Permits will remain current until the process of conversion to the new permits is completed.

Work Health and Safety Act 2011

Members are reminded that Section 125 of the ACT Work Health and Safety Act 2011 (the Act) requires that a WHS Permit holder must, at all times whilst at a workplace, have his or her WHS Entry Permit and photographic identification available for inspection by any person on request. The permit holder must also hold a Right of Entry Permit issued under the Fair Work Act and can only enter the workplace during the workplace’s usual working hours.

To investigate a suspected contravention of the Act, a permit holder must give notice of the entry and the suspected contravention as soon as is reasonably practicable after entering a workplace to the relevant person conducting a business or undertaking and the person with management or control of the workplace unless giving of the notice would defeat the purpose of the entry or unreasonably delay the permit holder in an urgent case.

A permit holder must give at least 24 hours and not more than 14 days notice of his or her intention to enter a workplace to consult and advise workers. The notice must be given during working hours.

In entering a workplace to consult and advise workers or to investigate suspected contravention of the Act, a permit holder can only enter the area of the workplace where the relevant workers work or any other work area that directly affects the health or safety of those workers. A permit holder is not entitled to enter any other part of the workplace. The permit holder must not exercise a right of entry to a workplace unless he or she complies with any reasonable request by the relevant person conducting a business or undertaking or the person with management or control of the workplace to comply with any work health and safety requirement that applies to the workplace and any other legislated requirement that applies to that type of workplace. A permit holder cannot enter any part of a workplace that is used for residential purposes and cannot reveal the name of a worker without the worker’s consent.

Members should contact Gordon Jervis on (02) 9744 1099 or email gordon.jervis@neca.asn.au if they have any questions.