Safety Matters - Rail, Tram and Bus Union of NSW

(5) This clause does not limit any other power with respect to the
inspection of places of work or of disputes arising at places of work.
Entry and inspection powers of authorised employees’ representatives
(Division 3, OHS Act 2000)
This section of the Act provides the power of union representatives to enter,
inspect and gather relevant information from the workplace.
The Act defines an authorised representative of an industrial organisation of
employees, means an officer of that organisation (including any person who is
concerned in, or takes part in, the management of that organisation) who is
authorised under Part 7 of Chapter 5 of the Industrial Relations Act 1996.
SECTION TWO
Safety Matters A Guide for Workplace OHS Representatives
Powers of entry of places of work
An authorised representative of an industrial organisation of employees may, for
the purpose of investigating any suspected breach of the occupational health and
safety legislation, enter any premises the representative has reason to believe is a
place of work where members of that organisation (or persons who are eligible
to be members of that organisation) work. (Section 77, OHS Act)
Notice of entry
(1) An authorised representative authorised to enter premises under this
Division may enter the premises without notice.
(2) The authorised representative must notify the occupier of the premises
of the authorised representative’s presence on the premises as soon as
reasonably practicable after entering the premises, unless:
(a) to do so would defeat the purpose for which the premises were entered
or would unreasonably delay the authorized representative in a case of
urgency, or
(b) the occupier is already aware that the authorised representative has
entered the premises or was notified in advance of when the authorised
officer would enter the premises. (Section 78, OHS Act)
Authority to enter premises
(1) A power conferred by this Division to enter premises, or to make an
inspection or take other action on premises, may not be exercised unless
the person proposing to exercise the power is in possession of an authority
issued by the Industrial Registrar under Part 7 of Chapter 5 of the Industrial
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Monitoring OHS Programs and Procedures
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RAIL
TRAM AND BUS
U N
I O N