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2019-03-13

What is a Work Health and Safety Entry Permit Holder?

Who is eligible to hold a WHS Entry Permit?

A person must:

  • Be an Official of the Union applying for the permit.
  • Have completed the prescribed training WHS Entry Permit Holders.
  • Hold a Industrial Entry Permit (aka ROE) under the Fair Work Act or State or Territory Industrial Laws (Section 133).

A WHS Entry Permit lasts for three years unless:

  • Revoked earlier.
  • The holder no longer works for the Union that it was issued under.
  • Their Industrial Right of Entry Permit is no longer current (Section 137).

A Permit can be revoked, suspended or have conditions applied to it by the Regulator (Comcare) if the EPH:

  • No longer meets the eligibility criteria.
  • Is found to have contravened any condition of the Permit, or
  • Acted in an improper manner when exercising any right, or
  • When exercising or purporting to exercise a right under Part 7 of the WHS Act, the EPH intentionally hindered or obstructed a PCBU or workers at a workplace.

A request to cancel a permit can be made to the Regulator (Comcare) by a PCBU or other affected people (Section 138).

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