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WORK HEALTH AND SAFETY ACT 2011 - SECT 118
Rights that may be exercised while at workplace
118 Rights that may be exercised while at workplace
(1) 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 or the Electrical Safety Act 2002 — (a) inspect any work system,
plant, substance, structure or other thing relevant to the suspected
contravention;
(b) consult with the relevant workers in relation to the
suspected contravention;
(c) consult with the relevant person conducting a
business or undertaking about the suspected contravention;
(d) 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— (i) is kept at the
workplace; or
(ii) is accessible from a computer that is kept at the
workplace;
(e) 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.
(2) 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.
(3) 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. Penalty— Maximum penalty—100 penalty
units.
(4) 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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