Work health and safety entry permit holders are union officials who hold an entry permit under the Fair Work Act 2009.

Unions may apply to the South Australian Employment Tribunal to grant their official(s) a WHS entry permit.

An EPH must give consideration as to whether it is reasonably practicable to give notice to SafeWork SA about the proposed entry before exercising that right.

WHS entry notices must be given in writing to the relevant PCBU.

An EPH has certain responsibilities, and obligations when exercising a right of entry. However, there is also restrictions to their right of entry.

An EPH must have a reasonable suspicion that a contravention has occurred or is occurring before exercising a right of entry to inquire into a suspected contravention.

An EPH must give a PCBU at least 24 hours notice of a proposed entry to a workplace to consult or provide advice on WHS matters to workers.

An EPH also may have the right to inspect and make copies of any document that is directly relevant to a suspected contravention.

Union official and PCBUs must not breach the EPH prohibitions with penalties in place for misuse.

If a dispute arises about a right of entry any party to the dispute can request assistance from SafeWork SA or SAET.

The South Australian Employment Tribunal can revoke or suspend a WHS entry permit holder.

A contravention of the WHS civil penalty provisions is imposed on a civil, rather than criminal, basis. A monetary penalty may apply.