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.

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.

Application 

A Union may apply on behalf of a union official for the issue of a WHS entry permit. The application must specify the person who is to hold the WHS entry permit and include a statement by that person declaring the person:

(a) is an official of the union; and

(b) has satisfactorily completed the prescribed training; and

(c) holds, or will hold, an entry permit under the Fair Work Act.

For further information on acquiring a WHS entry permit please refer to the Access Canberra Webpage - Work health and safety entry permits.

Prescribed Training

WHS entry permit holder training must be approved training by the WHS regulator. To align with the WHS Act 2011 and WHS Regulation 2011, it must contain:

(a) the right of entry requirements under the Act, part 7 (Workplace entry by WHS entry permit-holders);

(b) the issue resolution requirements under the WHS Act and Regulation;

(c) the duties under, and the framework of, the WHS Act and Regulation;

(d) the requirements for the management of risks under the WHS Act, section 17 (Management of risks);

(e) the meaning of reasonably practicable as set out in the WHS Act, section 18 (What is reasonably practicable in ensuring health and safety);

(f) the relationship between the WHS Act, WHS Regulation and the Fair Work Act 2009 (Cwlth).

The training must include providing the participant with information about the availability of any guidance material published by the regulator in relation to the WHS Act and WHS Regulation.

When approving training, the regulator will have regard to any relevant matters including—

(a) the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit‑holder; and

(b) the qualifications, knowledge and experience of the person who is to provide the training.

To apply to have a course approved as prescribed training for WHS entry permits, email training@worksafe.act.gov.au.

Approved Providers in the ACT 

In the ACT, the only prescribed training approved by the regulator is listed below:

CFMEU ACT

Ph: (02) 6267 1599

E: actqueries@cfmeu.org

7-10, 8 Cape Street, Dickson ACT 2602

Unions and union officials who wish to be issued with a WHS entry permit must complete the prescribed training.

WHS entry permit holder training approved by a corresponding WHS regulator under the national harmonised legislation (all except Victoria) is accepted by WorkSafe ACT.

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 09 June 2026

Forms and fees

Fees as of 1 July 2025 to 30 June 2026

• 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)