The Tasmanian Workplace Health and Safety Act 1995 (WHS Act) was amended in December 2009 to give union officials defined powers to enter a workplace for occupational health and safety purposes.
The object of the amendments is to balance workers’ occupational health and safety (OHS) with the right of workplaces to go about their business without undue intervention or hindrance.
A feature of the new arrangement is that a union official may obtain an OHS access card. The cardholder may enter a workplace at which one or more workers eligible to be members of the union work. The workers do not have to be members of the union.
To obtain an OHS access card, an application must be submitted to the Tasmanian Director of Industry Safety appointed under the WHS Act. Before issuing an OHS access card, the Director must be satisfied that the nominee is an officer of an employee organisation, holds an entry permit under the Fair Work Act 2009 and has the knowledge, qualifications, experience or training appropriate for an OHS access card holder.
All enquiries concerning applications for OHS access cards should be made to the Tasmanian Workplace Standards Authority on 1300 366 322 or (03) 6233 7657 if calling from outside Tasmania.
Certain rules and limitations apply to what an OHS access cardholder can do. In summary, OHS access cardholders may only enter a workplace during the hours when work is performed to:
- discuss health and safety issues. The discussions can only take place during meals or other breaks
- enquire into and facilitate the resolution of a health and safety matter.
When seeking to gain access to a workplace to discuss health and safety issues the cardholder must provide 24-hours notice in writing to the occupier of the site. If entry is required to resolve a health and safety matter, reasonable notice is required.
An OHS access cardholder must not hinder or obstruct a person in the workplace. Also, a person in the workplace must not hinder or obstruct a cardholder.
It is important to note that an OHS access cardholder cannot undertake the role of a WHS Act inspector and has no enforcement powers under the WHS Act.
Further information:
For more information in regard to the OHS access card, contact the ABCC hotline - 1800 003 338.