Changes for Health and Safety Representatives after legislative amendments
Legislative changes will come into effect following the passage of the Work Health and Safety and Other Legislation Amendment Act 2024 through Queensland parliament.
One of the key purposes of the amendments is to improve worker representation and rights of entry for permit holders, which delivers on the Queensland Government's commitment to implement recommendations from theReview of Queensland's Work Health and Safety Act 2011.
The changes reflect improvements for industry and will deliver greater support mechanisms for Government to better administer work health and safety laws.
Workers and businesses should be aware of who can represent workers in line with these changes. Suitable entities that may represent workers include relevant unions and other parties such as engineers or physiotherapists.
The rights of workplace health and safety entry permit holders have also been clarified in that they can enter and remain at a workplace, and where they have remained at a workplace, interview people and request access to documents without issuing further notice.
Additionally, it is not reasonable for a person conducting a business or undertaking to request the entry permit holder to comply with a WHS requirement if it would unduly delay, unreasonably prevent or hinder the entry permit holder exercising a right of entry (e.g., requiring off-site induction at a location far from where entry is sought, or unnecessary use of exclusion zones).
Further, where a person is requested to answer enquiries from a work health and safety inspector, they will have more options to communicate via audio-visual tools like video calls.
A number of administrative amendments were also endorsed to improve efficiencies, including an extended timeframe to request Category 1 and 2 offences be brought to court, and additional stability for the approved codes of practice.
Learn more about the changes, and your responsibilities as a worker, entry permit holder or business.