A person holding a work health and safety (WHS) entry permit may enter a workplace during its usual working hours to enquire into a breach of the legislation if the permit holder reasonably suspects that a breach has occurred or is occurring.

WHS entry permit holders are union employees who have completed an approved training course and hold an entry permit under the Commonwealth Fair Work Act 2009.

Entry into a workplace by a WHS entry permit holder is usually for one of the following reasons:

• Inquire into a breach or suspected breach of the Work Health and Safety legislation.
• Inspect or make copies of documents relevant to a breach or suspected breach.
• Consult and advise workers on work health and safety matters.

A register of current WHS entry permit holders is available for public information.

Entry to Inquire into Suspected Breaches

While in the workplace, a WHS entry permit holder can perform the following duties:

• Inspect any work system, plant, substance or other thing that is relevant to the suspected breach.
• Talk to any worker who is entitled to be represented by the union.
• Warn anyone they believe is exposed to a serious health or safety risk.
• After providing the required notice, request to look at and make copies of, relevant records or documents kept at your workplace in hard copy or on a computer.

Note: Records do not need to be made available if this breaches a law of the Northern Territory or the Commonwealth.

A Person Conducting a Business or Undertaking (PCBU) or the person with management and control of a workplace, must be notified (as soon as is reasonably practicable) by the WHS entry permit holder, that they have entered the workplace to inquire about a breach or suspected breach, unless the notice would defeat the purpose of the entry or cause unreasonable delay in an urgent case.

In order to inspect or make copies of records or documents relevant to an inquiry, an entry permit holder must give at least 24 hours (but not more than 14 calendar days) notice to the PCBU and to the person the documents are being requested from. Notice must be given during the usual working hours at the workplace.

Conditions of Entry

A WHS entry permit holder entering a workplace must carry:

• Their WHS entry permit.
• Photographic indentification.
• Written notification of their entry.

Whilst in the workplace, a WHS entry holder must at all times make available their WHS entry permit and photographic identification for inspection by any person on request.

WHS entry permit holders must:

• Only enter the area of the workplace where workers relevant to the suspected breach carry out their work or any other area that directly affects the health and safety of these workers.
• Comply with reasonable requests in relation to a work health and safety requirements (eg. site induction).
• Protect the identity of workers by not disclosing their names to the PCBU unless they have given their consent.

WHS entry permit holders must not:

• Enter a workplace outside of its working hours or enter any part of a workplace that is used for residential purposes only.
• Delay, hinder or obstruct any person or disrupt work at the workplace, or act in an improper manner.
• Disclose unauthorised information collected from the workplace for purposes unrelated to the right of entry.

Obligations of the PCBU

A PCBU must not, without reasonable excuse, restrict, delay or deny a WHS entry permit holder entry into a workplace or from carrying out their duties. Doing so is an offence under the Work Health and Safety legislation.

A PCBU should inform security and other point-of-entry staff of a visit from a WHS entry permit holder and allow them access into the workplace.

Dealing with Disputes

A PCBU can contact NT WorkSafe to have an inspector assigned to resolve any dispute concerning right of entry. The inspector will not make a determination on the issue but will assist all parties involved to resolve the dispute.