Work health and safety entry permits

Access Canberra administers the provision of Work Health and Safety (WHS) entry permit licensing on behalf of the WorkSafe ACT Commissioner.

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 they reasonably suspect a contravention relating to a relevant worker, to:

• enquire into the suspected contravention
• inspect employee records or other documents 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 Training that permit holders must complete | Fair Work Commission webpage.  Prospective permit holders should complete the training before applying.

The permit application should include evidence that the required training has been completed, such as:

• a certificate
• an attendance sheet
• an affidavit
• a declaration
• a letter from the training provider.

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

Check a work health and safety permit

A list of current permit holders is available from the WorkSafe ACT website.

Your obligations

To exercise a right of entry to a workplace, a workplace health and safety entry permit holder (WHS Entry Permit) 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 the workplace during the usual working hours
• not enter any part of a workplace that is used for residential purposes
• give notice of entry as required.

While at the workplace, an Entry Permit holder must:

• comply with any visitor requirements that are reasonable or required by law (for example, do a site induction or use protective equipment)
• only visit areas where the relevant workers work, or areas that directly affect their health or safety
• show their Entry Permit and photo identification if requested
• not intentionally and unreasonably delay, hinder or obstruct any person, or disrupt work
• not act improperly, including by failing to give the required notice
• not contravene any conditions imposed on their WHS entry permit.

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 Entry Permit holder is entering the workplace.
• An Entry Permit holder 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 Entry Permit holder wishes to disclose the name of any worker, they may only do so with the consent of that worker.

Apply for a WHS entry permit

To apply for WHS entry a permit, a union must:

1. Get a Fair Work entry permit from the Fair Work Commission
2. Sign a declaration confirming the delegate/s seeking the permit are officials of the union.
   Declaration by union delegate to nominate a union official to hold a WHS entry permit (DOC 379KB) or (PDF 330KB) 
3. Complete the online form for the delegate and upload the signed declaration form.

Work health and safety entry permit application (Online).

Please allow up to 6 weeks for the permit to be issued.

Fees

Fees are determined by the Work Health and Safety (Fees) Determination for the relevant financial year.

See the Work Health and Safety Act 2011, Regulations and Instruments.

Read more about the rights and obligations of permit holders

Read the WorkSafe ACT documents below for more detailed information.

• 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)

Work health and safety information and advice

For more information and advice on work health and safety contact WorkSafe ACT.

Report a workplace issue

You can report workplace concerns to WorkSafe ACT using the form below.

Report a workplace concern or issue.

Replacement work health and safety permit card

To get a replacement WHS entry permit card, use the online form below:

Construction and workplace licensing application for a replacement card (Online)

Fees

Fees are determined by the Work Health and Safety (Fees) Determination for the relevant financial year.

See the Work Health and Safety Act 2011, Regulations and Instruments.