ARREOs ON SITE

Briony Rowley, CMPA Administration Officer

Under the provisions of the new Occupational Health and Safety Act 2004, employee representatives are now able to conduct surprise workplace inspections.

To hold a permit a person must be an officer or permanent employee of a registered employee organisation (REO), most commonly a union. ARREOs obtain their permits to enter workplaces by completing a four-day WorkSafe course and then applying to a Magistrate’s Court.

An ARREO can enter a workplace if they reasonably suspect a contravention of the Act or Regulations affecting work that is being carried out by:

• a member of the REO; or
• a person whose employment is subject to a certified agreement that binds the REO; or
• a person eligible to be a member of the REO, even if they are not a member; or
• which relates to or affects any of those people.

Employers may apply to a Magistrate’s Court to have an entry permit revoked on certain grounds. ARREOs are not required to disclose to anyone the names of those who are members of their organisation. An ARREO may enter a workplace during working hours but only to enquire into suspected contraventions.

On entry, the ARREO must produce their entry permit to the employer and any relevant HSR and take all reasonable steps to give the employer a notice in a form approved by the Authority.

A person must not refuse an ARREO entry to a workplace or intentionally hinder, obstruct, threaten or intimidate an ARREO while on a workplace visit. An ARREO has the power to conduct an inspection, observe work being carried out, consult with employees who are, or are eligible to be, members of the REO and consult with the employer on any matter relevant to the suspected contravention.

These activities may only be carried out to the extent reasonable to enquire into the suspected contravention. If an issue arises with an employer about the exercise of the ARREO’s powers, either party may request that the Authority send an inspector to the workplace as soon as possible to enquire into the issue and exercise powers as necessary.

Information supplied by WorkSafe Victoria
For more information please contact the CMPA or visit the WorkSafe website at www.workcover.vic.gov.au

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