On 1 January 2012, new workplace safety laws commenced in Queensland. The other Australian States have also enacted new laws so that there is now consistency between States in relation to workplace safety requirements.
Below is a brief summary of the new laws:
Health and Safety Duties of Employers and Officers
- Employers and Officers must take reasonable measures to ensure the health and safety of workers and other persons at risk from the work carried out as part of the business
- Taking reasonable steps means that businesses should ensure that appropriate processes are implemented and appropriate resources are utilised to eliminate risks
- If reasonable measures are not taken, Directors and Officers can be personally liable without an incident or accident even occurring
- Individual Directors and Officers can be liable for up to $600,000 in penalties and/or five (5) years imprisonment
- Corporations can be liable for up to $3m in penalties
Notification of Incidents
- Businesses must notify Workplace Health and Safety QLD as soon as they become aware of a serious injury or illness or a dangerous incident
which exposes a person to a serious health or safety risk
Powers of Workplace Health and Safety QLD
- WHS QLD has the power to require a person to provide documents or provide information
- It is an offence for a person to refuse or fail to comply with a request to answer questions or provide information without reasonable excuse
Powers of Entry of Inspectors
- Inspectors have the right to enter a workplace without the consent of business owners/managers
- Inspectors have the right to inspect, examine or seize anything, including documents
- It is an offence for a person to refuse to assist an inspector without reasonable excuse
For more information on the new laws, please see the Work Health and Safety Act 2011.
Reference: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkHSA11.pdf.
A presentation providing a more in-depth summary of the Act can be also found below.
Summary of the Work Health and Safety Act 2011
Download Jodie Sanders-Bond Presentation: Summary of the Work Health and Safety Act 2011
*To view PDF file, you must have Adobe Acrobat Reader or Foxit Reader
If you have any questions about the impact of the Act on your particular business, please do not hesitate to contact us on (07) 4944 2000.
