Part 4Workplace entry by WHS entry permit holders

Part 4—Workplace entry by WHS entry permit holders 25—Training requirements for WHS entry permits (1) The prescribed training for the purposes of sections 131 and 133 of the Act is training or refresher training, that is provided or approved by the regulator, in relation to the following: (a) the right of entry requirements under Part 7 of the Act; (b) the issue resolution requirements under the Act and these regulations; (c) the duties under, and the framework of, the Act and these regulations; (d) the requirements for the management of risks under section 17 of the Act; (e) the meaning of reasonably practicable as set out in section 18 of the Act; (f) the relationship between the Act and these regulations and the Fair Work Act or the Fair Work Act 1994. (2) The training must include providing the participant with information about the availability of any guidance material published by the regulator in relation to the Act and these regulations. (3) For the purposes of approving training, the regulator may have regard to any relevant matters, including— (a) the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit holder; and (b) the qualifications, knowledge and experience of the person who is to provide the course. (4) Training in relation to the matters referred to in subregulation (1) that occurred before the commencement of this regulation may be approved by the regulator for the purposes of this regulation. (5) An approval of training by the regulator for the purposes of this regulation may be varied or revoked by the regulator. (6) The regulator may impose conditions on an approval under this regulation and may vary those conditions. 26—Form of WHS entry permit A WHS entry permit must include the following: (a) the section of the Act under which the WHS entry permit is issued; (b) the full name of the WHS entry permit holder; (c) the name of the union that the WHS entry permit holder represents; (d) a statement that the WHS entry permit holder is entitled, while the WHS entry permit is in force, to exercise the rights given to the WHS entry permit holder under the Act; (e) the date of issue of the WHS entry permit; (f) the expiry date for the WHS entry permit; (g) the signature of the WHS entry permit holder; (h) any conditions on the WHS entry permit. 27—Notice of entry—general A notice of entry under Part 7 of the Act must— (a) be written; and (b) include the following: (i) the full name of the WHS entry permit holder; (ii) the name of the union that the WHS entry permit holder represents; (iii) the section of the Act under which the WHS entry permit holder is entering or proposing to enter the workplace; (iv) the name and address of the workplace entered or proposed to be entered; (v) the date of entry or proposed entry; (vi) the additional information and other matters required under regulation 28, 29 or 30 (as applicable). 28—Additional requirements—entry under section 117 (1) The following requirements are prescribed under section 117(3)(b) of the Act: (a) notice to the Executive Director about the proposed entry must be given by contacting the Department by telephone using a number determined by the Executive Director and published on a website maintained or used by the Department; (b) the WHS entry permit holder must provide the following information: (i) his or her full name; (ii) his or her permit number; (iii) the name and address of the workplace proposed to be entered; (iv) the date of proposed entry; (v) so far as is practicable, particulars of the suspected contravention to which the notice relates; (vi) whether there is considered to be a serious risk to the health or safety of a person emanating from an immediate or imminent risk and, if so, any details about the situation known to the WHS entry permit holder. (2) The following requirements are prescribed for the purposes of a report to the Executive Director under section 117 of the Act: (a) the report must be set out in a document that is furnished to the Executive Director at an email address, postal address or fax number determined by the Executive Director and published on a website maintained or used by the Department; and (b) the report must set out the following information: (i) the WHS entry permit holder's full name; (ii) the permit number; (iii) the name and address of the workplace that was entered; (iv) the date of entry; (v) details of any contravention of the Act that, in the opinion of the WHS entry permit holder, has occurred. (3) A notice of entry under section 119 of the Act in relation to an entry under section 117 must also include the following: (a) so far as is practicable, the particulars of the suspected contravention to which the notice relates; (b) a declaration stating— (i) that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace entered and is a member, or eligible to be a member, of that union; and (ii) the provision in the union's rules that entitles the union to represent the industrial interests of that worker; and (iii) that the suspected contravention relates to, or affects, that worker. Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker. 29—Additional requirements—entry under section 120 A notice of entry under section 120 of the Act in relation to an entry under that section must also include the following: (a) so far as is practicable, the particulars of the suspected contravention to which the notice relates; (b) a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected; (c) a declaration stating— (i) that the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of that union; and (ii) the provision in the union's rules that entitles the union to represent the industrial interests of that worker; and (iii) that the suspected contravention relates to, or affects, that worker; and (iv) that the records or documents proposed to be inspected relate to that contravention. Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker. 30—Additional requirements—entry under section 121 A notice of entry under section 122 of the Act in relation to an entry under section 121 must also include a declaration stating— (a) that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace proposed to be entered and is a member, or eligible to be a member, of that union; and (b) the provision in the union's rules that entitles the union to represent the industrial interests of that worker. Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker. 31—Register of WHS entry permit holders For the purposes of section 151 of the Act, the authorising authority must publish on its website— (a) an up‑to‑date register of WHS entry permit holders; and (b) the date on which the register was last updated. Chapter 3—General risk and workplace management Part 1—Managing risks to health and safety 32—Application of Chapter 3 Part 1 This Part applies to a person conducting a business or undertaking who has a duty under these regulations to manage risks to health and safety. 33—Specific requirements must be complied with Any specific requirements under these regulations for the management of risk must be complied with when implementing the requirements of this Part. 1 A requirement not to exceed an exposure standard. 2 A duty to implement a specific control measure. 3 A duty to assess risk. 34—Duty to identify hazards A duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety. 35—Managing risks to health and safety A duty holder, in managing risks to health and safety, must— (a) eliminate risks to health and safety so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety—minimise those risks so far as is reasonably practicable. 36—Hierarchy of control measures (1) This regulation applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety. (2) A duty holder, in minimising risks to health and safety, must implement risk control measures in accordance with this regulation. (3) The duty holder must minimise risks, so far as is reasonably practicable, by doing 1 or more of the following: (a) substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk; (b) isolating the hazard from any person exposed to it; (c) implementing engineering controls. (4) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls. (5) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment. A combination of the controls set out in this regulation may be used to minimise risks so far as is reasonably practicable if a single control is not sufficient for the purpose. 37—Maintenance of control measures A duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains, effective, including by ensuring that the control measure is and remains— (a) fit for purpose; and (b) suitable for the nature and duration of the work; and (c) installed, set up and used correctly. 38—Review of control measures (1) A duty holder must review and, as necessary, revise control measures implemented under these regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety. (2) Without limiting subregulation (1), the duty holder must review and, as necessary, revise a control measure in the following circumstances: (a) the control measure does not control the risk it was implemented to control so far as is reasonably practicable; 1 The results of monitoring show that the control measure does not control the risk. 2 A notifiable incident occurs because of the risk. (b) before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control; (c) a new relevant hazard or risk is identified; (d) the results of consultation by the duty holder under the Act or these regulations indicate that a review is necessary; (e) a health and safety representative requests a review under subregulation (4). (3) Without limiting subregulation (2)(b), a change at the workplace includes— (a) a change to the workplace itself or any aspect of the work environment; or (b) a change to a system of work, a process or a procedure. (4) A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that— (a) a circumstance referred to in subregulation (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and (b) the duty holder has not adequately reviewed the control measure in response to the circumstance. Part 2—General workplace management