Guide to right of entry by authorised representatives

About the right of authorised representatives of registered employee organisations (ARREOs) to enter workplaces following suspected breaches of the Occupational Health and Safety Act 2004.

Shape

WorkSafe's position on Notices of suspected contravention

It is WorkSafe's position that a Notice of suspected contravention must specify only one contravention, and include the specific provision of the OHS Act and/or Occupational Health and Safety Regulations 2017 that is suspected to have been contravened. If more than one contravention is suspected, a separate Notice must be issued for each suspected contravention. This guide has not yet been updated to reflect this position.

Amendments to the powers of ARREOs under Part 8 of the OHS Act

In 2021, Part 8 of the OHS Act was amended to enable ARREOs to take photographs or measurements or make sketches or recordings at a workplace in certain circumstances. This guide has not yet been updated to reflect the changes introduced by the amendments.

What it contains

This guidance covers:

  • the purpose and legal framework for right of entry
  • who can be an ARREO and how
  • entry to the workplace
  • powers on entry
  • offences and sanctions

Summary of changes