Officials in Queensland, Australia are always looking to improve workplace safety, a job that is never-ending.
Amendments to Work Health and Safety (WHS) laws recently came into effect. These amendments implement findings from the Queensland Government’s review of national model WHS laws which commenced in Queensland on Jan. 1, 2012.
The Work Health and Safety and Other Legislation Amendment Act 2014 was passed in the Queensland Parliament on 3 April 2014 and commenced by proclamation on May 16, 2014.
Amendment Act Amends 2011 Law
The amendment Act amends the Work Health and Safety Act 2011 by:
• Requiring WHS entry permit holders to give at least 24 hours, but not more than 14 days, prior notice before they can enter a workplace to inquire into a suspected contravention. This will align with other entry notification periods in the WHS Act and the Fair Work Act 2009 (Cth).
• Increasing the penalty for non-compliance with WHS entry permit conditions and introducing a new penalty provision for failure to comply with the WHS entry permit holder notification requirements
• Requiring at least 24 hours, but not more than 14 days, prior notice before any person assisting a health and safety representative can have access to the workplace
• Removing the power of health and safety representatives to direct workers to cease unsafe work. Workers will continue to have a right to cease unsafe work
• Removing the requirement for a person conducting a business or undertaking to provide a list of health and safety representatives to the WHS regulator. An up-to-date list of health and safety representatives must still be displayed at the workplace
• Allowing codes of practice adopted in Queensland to be approved, varied or revoked without requiring national consultation. Consultation about proposed codes of practice with local stakeholders will continue.
The amendment Act also amends the Electrical Safety Act 2002 to increase the maximum penalty that can be prescribed for offenses in the Electrical Safety Regulation 2013 (ES Regulation) to 300 penalty units.
This is consistent with the maximum penalty for regulations made under the Work Health and Safety Regulation 2011 and ensures that nationally consistent penalties can apply to offenses in the ES Regulation 2013.
Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: [email protected].
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