WHS entry notices must be given in writing to the relevant PCBU and include:
- the full name of the EPH
- the name of the union that the EPH represents
- the section of the Act under which the EPH is proposing to enter the workplace
- the name and address of the workplace entered or proposed to be entered
- the date of entry or proposed entry
- so far as it is reasonably practicable, the particulars of the suspected contravention, as it relates to, or affects, a relevant worker
- the additional information (see below) and other matters required under the WHS regulations.
WHS entry notices must also include a declaration stating:
- that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace proposed to be entered and is a member, or eligible to be a member, of that union; and
- the provision in the union’s rules that entitles the union to represent the industrial interests of that worker
- the additional information required under the sections of the Act (see below).
There is no requirement that the notice specify the provisions of the Act or Regulations, provided that the notice indicates how the legislation is suspected to have been contravened.
In order to enable the PCBU or an Inspector to be able to determine the scope of the inquiry, an EPH must provide:
- the particulars of the PCBU with management or control of the workplace (or their representatives)
- sufficient information about the suspected contravention, and
- the general location of the suspected contravention.
A notice of entry to inquire into a suspected WHS contravention must include, so far as is practicable, the particulars of the suspected contravention that relates to, or affects, a relevant worker.
The relevant type of worker must work at the workplace in question. In addition, the worker must have a specified relationship with the union that the EPH represents.
In particular, the worker must:
- be a member, or be eligible to be a member, of the union, and
- have industrial interests that the union is entitled to represent, and
- work at the workplace.
An EPH is not required to provide such specific detail that individual workers may be identified. For example, it may identify workers if the notice said, “lack of machine guarding on production line for stamping machines”. It may be best for the notice to read, 'suspected contravention in the provision of safe access, egress and movement on level 3 and level 5 due to poor housekeeping'.
Additional information required for entry
Entry to inquire into suspected contraventions (Section 117)
When inquiring into suspected contraventions, a WHS entry notice must include:
- so far as is practicable, the particulars of the suspected contravention to which the notice relates, and
- a declaration stating that the suspected contravention relates to, or affects, a relevant worker.
Entry to inspect employee records or information held by another person (Section 120)
When inspecting employee records or information held by another, a WHS entry notice must include:
- so far as is practicable, the particulars of the suspected contravention to which the notice relates
- a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected
- a declaration stating:
- that the suspected contravention relates to, or affects, that worker, and
- that the records or documents proposed to be inspected relate to that contravention.