Rights that may be exercised while at workplace
118 Rights that may be exercised while at workplace
While at the workplace under this Division, the WHS entry permit holder may do all or any of the following in relation to the suspected contravention of this Act:inspect any work system, plant, substance, structure or other thing relevant to the suspected contravention; consult with the relevant workers in relation to the suspected contravention; consult with the relevant person conducting a business or undertaking about the suspected contravention; require the relevant person conducting a business or undertaking to allow the WHS entry permit holder to inspect, and make copies of, any document that is directly relevant to the suspected contravention and that – is kept at the workplace; or is accessible from a computer that is kept at the workplace; warn any person whom the WHS entry permit holder reasonably believes to be exposed to a serious risk to his or her health or safety emanating from an immediate or imminent exposure to a hazard, of that risk.
However, the relevant person conducting the business or undertaking is not required under subsection (1)(d) to allow the WHS entry permit holder to inspect or make copies of a document if to do so would contravene a law of the Commonwealth or a law of a State.
A relevant person conducting a business or undertaking must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1)(d).
| WHS civil penalty provision. |
In the case of – an individual, a fine not exceeding $10 000; or a body corporate, a fine not exceeding $50 000.
Subsection (3) places an evidential burden on the defendant to show a reasonable excuse.
| Notes | |
| 1 | At least 24 hours notice is required for an entry to a workplace to inspect employee records or other documents held by someone other than a person conducting a business or undertaking. See section 120. |
| 2 | The use or disclosure of personal information obtained under this section is regulated under the Privacy Act 1988 of the Commonwealth. |
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