On 29 November 2024, important workplace health and safety changes commenced for Queensland’s health and safety representatives and entry permit holders.

These changes are a result of the Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment Act 2024 and implement key workplace health and safety commitments made by the new Queensland Government.

Ceasing unsafe work

Health and safety representatives are now required to issue notices to cease unsafe work directly to workers, and not to a person conducting a business or undertaking (PCBU).

When directing workers to cease unsafe work, health and safety representatives are still required to:

• first consult with the PCBU to attempt to resolve the health and safety issue, unless it’s unreasonable to conduct consultation because of the serious and immediate nature of the risk
• prepare compliant written cease work notices
• post the notices in a prominent place for all workers to see, and
• provide a copy of the cease work notice to the PCBU.

Right of entry

WHS entry permit holders inquiring into a suspected contravention will be required to provide at least 24 hours’ notice to exercise their right of entry to a workplace, unless there is an immediate or imminent risk to the health and safety of a worker.

Taking photos, videos, measurements and conducting tests

Recent amendments introduced by the Electrical Safety and Other Legislation Amendment Act 2024 planned to permit health and safety representatives and WHS entry permit holders to take photos, videos, measurements and conduct tests at the workplace when undertaking their roles.

These changes have been repealed and will no longer commence on 1 January 2025.

Guidance and support

The Office of Industrial Relations (OIR) will develop material to support Queensland workers and businesses understand these changes, including guidance on use of the amended right of entry requirements.

The first of this guidance will be made available on the WorkSafe website by the end of 2024. OIR will consult with industry and unions in early 2025 to identify any further practical elements of the right of entry requirements that would benefit from more explanation, and this will inform the development of more detailed guidance.

Commencement

The changes have immediate effect.

Future action

The Queensland Government has also stated that more needs to be done to address work-related violence and aggression. The Queensland Government will seek to change incident notification requirements in the work health and safety framework next year to address gaps in legislation around work-related violence and aggression.

This will mean incidents of work-related violence and aggression, including physical and sexual assault, will come to the attention of the WHS Regulator. 

Sourced from safe@oir.qld.gov.au email on 4/12/2024