WHS entry permit holders

Unions may apply to have one or more of their officials granted a work health and safety entry permit (WHS entry permit). This permit allows union entry into workplaces for specified purposes.

A WHS entry permit holder may enter a workplace if the permit holder reasonably suspects a contravention that relates to a relevant worker to:

• enquire into a suspected contravention
• inspect employee records or other documents that are directly relevant to the suspected contravention.

A WHS entry permit holder is also permitted to enter a workplace to consult and advise relevant workers on work health and safety matters.

Training

A proposed permit holder must complete appropriate training on the rights and responsibilities of permit holders. A list of approved training providers can be found on the Fair Work Commission website. It is advised that proposed permit holders complete the training before applying.

The permit application should include evidence such as:

• a certificate
• an attendance sheet
• an affidavit
• a declaration
• a letter

The proposed permit holder’s correct legal name must appear on the evidence of training.

Your obligations

In order to exercise a right of entry to a workplace a workplace health and safety entry permit holder (EPH) must:

• hold a current WHS entry permit issued by WorkSafe ACT
• hold an entry permit under the Fair Work Act 2009 (Cwlth)
• only attempt to enter during the usual working hours at the workplace
• not enter any part of a workplace that is used only for residential purposes
• give notice of entry as required.

When at a workplace an EPH must:

• produce their WHS entry permit and photographic identification if requested
• comply 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 any visitor to the workplace (eg site induction, requirement for specific PPE)
  • any other legislated requirement that applies to visitors to that type of workplace.
• not contravene a condition imposed on their WHS entry permit
• not intentionally and unreasonably:
  • delay, hinder or obstruct any person
  • disrupt any work at the workplace.
• otherwise not act in an improper manner (eg where an EPH seeks to enter the workplace without prior notification to consult with relevant workers).

Where an EPH enters a workplace to inquire into a suspected contravention, or to consult and advise relevant workers, they may only visit the area where the relevant workers work, or other work areas that directly affect the health or safety of those workers.

Note

• The identity of the relevant person conducting a business or undertaking (PCBU) and the person with management or control of the workplace will depend on the purpose for which the EPH is entering the workplace.
• An EPH is not required to disclose the name of any worker at the workplace to the relevant PCBU or the person with management or control of the workplace, and if the EPH wishes to disclose the name of any worker they may only do so with the consent of that worker.

Current permit holders

All union officials who wish to exercise a right to enter a site must hold a valid federal entry permit issued under the Fair Work Act 2009.

Table updated on 12 April 2024

Forms and fees

Fees current from 1 July 2021 to 30 June 2022.

• Declaration by union delegate to nominate a union official to hold a WHS entry permit (DOC 379KB) or (PDF 330KB)

Related resources

Legislation

• Work Health and Safety Act 2011
• Work Health and Safety Regulation 2011

Publications

• Guide to workplace right of entry by work health and safety entry permit holders (DOC 392KB) or (PDF 348KB)
• Entry permit holders - Rights and responsibilities (DOC 75KB) or (PDF 685KB)
• Entry permit holders - Obligations (DOC 101KB) or (PDF 252KB)