New government, new safety rules

Cease work notices

Only a few months after the previous state government amended the cease work notice power enabling health and safety representatives (HSRs) to issue written cease work notices to persons conducting a business or undertaking (PCBUs) (rather than workers) directing them to direct workers to cease work, this change has been reversed.

HSRs may now only issue cease work notices to workers, if:

1. The worker is in a work group represented by the HSR.
2. The HSR has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure to a hazard.

There has also been a slight change to the pre-notice consultation requirement, whereby the HSR must first consult about the matter with the PCBU for “whom the worker is carrying out work” and attempt to resolve the issue.

Notice of entry

The second significant reversal of amendments passed earlier this year concerns WHS entry permit holders and notice of entry.

WHS entry permit holders must now give notice of the proposed entry and suspected contravention during usual working hours at that workplace at least 24 hours, but not more than 14 days, before the entry. This advance notice requirement had been removed by the former Queensland Government earlier this year.

There remains an exception to the advance notice requirement if the WHS permit holder reasonably believes that a relevant worker is exposed to a serious risk to their health and safety, emanating from an immediate or imminent exposure to a hazard. In this case, a WHS entry permit holder may give the notice as soon as reasonably practicable after entering the workplace.

Cancellation of new powers and functions scheduled to commence from 1 January 2025

From 1 January 2025, HSRs and WHS entry permit holders were going to be afforded new powers including to take videos, photos, measurements and tests of risks, hazards and suspected contraventions at workplaces. These changes have now been cancelled before they could even commence.

Looking forward, the Queensland Government has flagged that they will be looking to address gaps in relation to work-related violence and aggression next. This will likely include ensuring that work-related physical and sexual assault are brought to the attention of the relevant safety regulator.

If you would like to discuss the proposed changes in more detail, including what they may mean for your organisation, please do not hesitate to contact a member of our team.