A right of entry may occur only during the usual working hours at that workplace.
As an EPH, you must:
- always have your entry permit and photographic identification available for inspection on request while you are at a workplace under a right of entry
- take all reasonable steps to ensure you cause as little inconvenience, detriment or damage at a workplace as possible
- comply with any reasonable instruction given by the PCBU
- such as wearing protective equipment, being escorted while on site or to comply with other legislative requirements that a workplace must follow
- take reasonable care for your own health and safety and ensure that your acts or omissions do not adversely affect the health and safety of others.
An EPH must act reasonably when exercising any of their specific rights of entry under the WHS Act and must not intentionally and unreasonably disrupt work.
You must not:
- enter a workplace for the purpose of holding discussions with workers generally
- insist that a worker participates in consultations when the worker has made it clear that they do not want to
- enter any part of a premises used solely for residential purposes
- solicit membership while exercising your entry permit holder duties
- disclose the name of any worker, either in the written notice or verbally, to an employer unless that worker has consented
- use or disclose information or documents obtained at a workplace in an unauthorised manner
- act in an improper manner—that is for example, refuse to show your entry permit or act in any way which may appear to be intimidating, abusive or inappropriate
- unreasonably delay, hinder or obstruct any person or disrupt any work at a workplace.
Work health and safety requirements
An EPH must comply with any reasonable request by the relevant PCBU or the person with management or control of the workplace to comply with:
- any work health and safety requirement that applies to the workplace, and
- any other legislated requirement that applies to that type of workplace.
For example, to not enter an exclusion zone around a crane or an area of the workplace where mobile plant is in operation.
A failure to comply with such requests will generally mean that the EPH has no authority to enter or remain at the workplace.
As a visitor at the workplace an EPH must take reasonable care for their own health and safety and ensure that their acts or omissions do not adversely affect the health and safety of other persons. They must also comply, as far as they are reasonably able, with any reasonable instruction given by the relevant PCBU. This may include completing the applicable safety induction, being escorted around the workplace or any other requirement that applies to that type of workplace.
WHS civil penalty provisions apply.
Areas not covered under the right of entry
The right of entry does not necessarily extend to the entire workplace. Rather, the right of entry may be exercised only:
- in relation to the area of the workplace where the relevant workers work, or
- any other work area that directly affects the health or safety of those workers.
An EPH may not enter any part of a workplace that is used only for residential purposes. For example, if a two storey townhouse has a shop on the ground floor and residential premises on the second floor, an EPH only has a right to enter the shop on the ground floor.