Comments sought on workplace access for OHS purposes

The Tasmanian Minister for Workplace Relations, Lisa Singh, has announced a proposal to amend the Workplace Health and Safety Act 1995 (the WHS Act) to allow appropriately authorised representatives of employee organisations to enter workplaces to discuss health and safety issues or to enquire into and facilitate the resolution of a health and safety issue at the workplace, subject to specified conditions and protections.

In brief, the proposal includes provisions for:

• a process to be established where an employee organisation may nominate one or more officials to be assessed for an OHS access card, which permits access to workplaces for OHS purposes, under certain conditions;
• OHS access cards to be issued by the Director of Industry Safety (a person appointed under the WHS Act), subject to the nominee meeting specified criteria;
• entry to workplaces to be permitted where members of the relevant employee organisation, or persons eligible to be members, work;
• purpose of entry to be to discuss health and safety issues during breaks or to enquire into and facilitate the resolution of a health and safety issue at the workplace;
• powers to include making enquiries, observing work, requesting documents, interviewing relevant people, and consulting with relevant duty holders and inspectors; and
• protections and sanctions to be included, including a requirement that OHS access card holders will not use or disclose information acquired at the workplace for a purpose not reasonably and directly connected with the health and safety of a worker.

Comment is invited from individuals, organisations and industry bodies. Please send your written submissions to Workplace Standards Tasmania, PO Box 56, Rosny Park 7018 or email wstinfo@justice.tas.gov.au.

The closing date for submissions to be received is 26 August 2009.