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FACT SHEET
Workplace Health and Safety Amendment Bill 2009
� The purpose of this Bill is to amend the Workplace Health
and Safety Act 1995 (the WHS Act) to include provisions
allowing authorised officers of employee organisations to
enter workplaces for occupational health and safety (OHS)
purposes.
� Such provisions further the interests of occupational health
and safety and contribute to improved cooperation and
consultation between employers and employees and
employee organisations.
� Right of entry for OHS purposes is recognised in the
Commonwealth Fair Work Act 2009 (the FW Act).
However, the Commonwealth's provisions are dependent
on there being right of entry provisions in State or Territory
occupational safety and health laws that are called up in the
Fair Work Regulations 2009.
� With the exception of Tasmania and South Australia, all
Australian States and mainland Territories now have such
provisions.
� The Bill provides an application and assessment process for
officers of employee organisations seeking entry
authorisation, which is called an OHS access card in the Bill.
� Requirements for an OHS access card holder include that he
or she:
a) holds an entry permit issued under the FW Act, unless
the employee organisation does not provide services
to `national system employees' and is not an
`organisation' under that Act; and
2.
b) has the knowledge, qualifications, experience or
training appropriate to an OHS access card holder, to
the satisfaction of the Director of Industry Safety (a
position under the WHS Act).
� OHS access card holders will be permitted to enter
workplaces, subject to the requirements specified in the Bill,
where workers eligible to be members of the relevant
employee organisation (whether or not they are actual
members) work.
� The purpose of entry will be to discuss health and safety
issues during breaks, or to enquire into and facilitate the
resolution of a health and safety matter at the workplace.
� OHS access card holders will not undertake the role of
inspectors and they will have no enforcement powers. They
will have a role in resolving issues at the workplace and they
will have powers to assist them.
� Powers of OHS access card holders will include making
enquiries, observing work, interviewing relevant people, and
consulting with relevant duty holders and inspectors.
� The Bill provides that an OHS permit holder must not
hinder or obstruct a person in the workplace. A card holder
may only enter a workplace for the purposes stated in the
Act.
� Confidentiality provisions are included, based on provisions
in the FW Act. A person must not use or disclose
information obtained for another purpose, except under
specified circumstances.
� Sanctions included in the Bill include fines, disqualification
and imposition of conditions on the card.