• Workplace rights and obligations
  • General information
  • Who has obligations and what are they?
• Meeting your obligations
• Failing to meet your obligations
• Right of entry
• Provision Improvement Notice (PIN)
• Workplace amenities
• First aid
• Personal protective equipment
• Internal investigations

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Right of entry

A work health and safety (WHS) entry permit holder is a union official who has completed an approved training course and holds or will hold an entry permit under the Commonwealth Fair Work Act 2009 or Industrial Relations Act 1999.

Entry to inquire into suspected breaches

A WHS entry permit holder may enter a workplace during its usual working hours to inquire into a breach if they reasonably suspect one has occurred or is occurring. While at the workplace, they may:

• inspect any work system, plant, substance, structure or other thing that is relevant to the suspected contravention
• 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
• 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 Commonwealth or state.

An entry permit holder must give at least 24 hours (but not more than 14 calendar days) notice of the proposed entry (PDF, 180 kB). They must also give a PCBU (person conducting a business or undertaking) or the person with management and control of the workplace, notice that they have entered as soon as is reasonably practicable (unless the notice would defeat the purpose of the entry or cause unreasonable delay in an urgent case).

When inquiring into a matter, an entry permit holder can also inspect or make copies of relevant documents held by a person other than the PCBU. At least 24 hours notice must be given to the PCBU and the person from whom the documents are requested before the proposed entry.

Entry permit holders may consult with workers about health and safety matters and provide advice to workers about those matters. They may also warn any person whom the entry permit holder reasonably believes to be exposed to a serious risk, emanating from an immediate or imminent exposure to a hazard of that risk.

Conditions of entry

A WHS entry permit holder who comes into a workplace must produce their WHS entry permit, photographic identification and written notification of their entry. They 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 unless they have given their consent.

Entry permit holders must not enter outside the usual working hours of the workplace or enter any part of the workplace that is used for residential purposes (eg a WHS entry permit holder could enter a convenience store where work takes place but not the living quarters of the residence if work is not carried out there).

A PCBU should let security and other point-of-entry staff know if a visit from a WHS entry permit holder is expected.

The Industrial Registrar maintains a publicly accessible register of WHS entry permit holders.

Enquiries to the Queensland Industrial Relations Commission (QIRC) should be directed to the Registry general enquiry number 1300 592 987 (mobile and interstate callers - (07) 3227 8060).Permit holder information is also available at www.qirc.qld.gov.au (by selecting the ‘WHS Entry Permit Holders’ option under the ‘Organisations’ drop down menu).

Dealing with disputes

An inspector can be called to assist in resolving any disputes concerning right of entry. The inspector will not make a determination on the issue but will assist all parties involved to resolve the dispute.

The QIRC may also deal with a dispute on its own initiative or on the application of a PCBU, an entry permit holder, the relevant union, the regulator or another person affected by the exercise of right of entry powers. The QIRC may deal with a dispute in any way it determines, including mediation, conciliation or arbitration.

Prohibitions relating to WHS entry permit holders

A PCBU must not refuse or delay entry of the WHS entry permit holder, or hinder or obstruct a WHS entry permit holder (e.g. not providing access to records the permit holder is entitled to inspect). Penalties apply for these offences.   

At the same time, WHS entry permit holders must not delay, hinder or obstruct any person or disrupt work at the workplace, or act in an improper manner. Permit holders must not disclose unauthorised information collected from the workplace for purposes unrelated to the right of entry.

Revoking WHS entry permits

If it is suspected that a WHS entry permit holder has breached a condition of their permit or has intentionally hindered or obstructed a PCBU at the workplace, an application can be made to have their permit revoked.

This application must be made in writing to the WHS entry permit holder and relevant union, stating the grounds for seeking to have their permit revoked.

The QIRC will advise the WHS entry permit holder of their right to provide reasons for it not to be revoked, and may suspend the WHS entry permit while the application is being considered.

The QIRC can suspend or revoke a permit or impose conditions on it.

Further information

Guide to the Work Health and Safety Act 2011 (PDF, 400 kB)