November 2013 Industry Update

Attempted unlawful access to site documents

FWBC is reminding Right of Entry (ROE) permit holders and contractors to be aware of their rights and responsibilities in relation to ROE permits. FWBC has information about a permit holder gaining access to confidential documents during a health and safety investigation.

ROE permit holders recently attended the site of a large project to conduct an investigation into a suspected health and safety contravention. They were given access to a site office to copy documents relevant to the suspected contravention and were left unsupervised.

A contractor on the project reviewed the copies and discovered they included tender information, employee records and induction forms. Upon request, the permit holder deleted these documents.

This matter is currently under investigation.

Under the Fair Work Act 2009 (FW Act), ROE permit holders may exercise certain rights under State and Territory work health and safety laws. They are authorised to examine and copy documents that are relevant to a suspected health and safety issue.

Contractors should ensure that confidential documents are secure and supervise all access to site documents.

For further information, contact FWBC on 1800 003 338.

This industry update includes an article on Right of Entry which may help you further understand your rights and responsibilities in this area.

We value your feedback on our Industry Update. Provide feedback or tell us what you would like in your update at: publicaffairs [at] fwbc.gov.au or contact Damien O’Meara on 03 8509 3041.

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