In November 2023, the Queensland Government presented the Work Health and Safety and Other Legislation Amendment Bill 2023 (the Bill) detailing proposed changes relating to the government’s responses to recommendations stemming from the Boland 2022 Review of the Work Health and Safety Act 2011. This overview details some of the key features that may impact organisations.

Insurance Covering Fines Prohibited

The Bill will prohibit individuals and PCBU’s from obtaining insurance or arrangements covering fines under the Work Health and Safety Act 2011 (Qld). Offences related to such insurance policies are outlined, with a maximum penalty for an offence of $77,400 (500 penalty units) for an individual and $387,000 for a corporation.

Negligence included as Category 1 offence.

The proposed Bill suggests amending Category 1 offences to include negligence as an alternative to reckless’ conduct, lowering the threshold for successful prosecution and conviction. Unlike recklessness, proving negligence doesn’t require demonstrating the offender’s subjective awareness that their conduct posed a substantial risk of death or serious injury or illness and continued with their conduct. Exposing someone to a risk of death or serious injury, coupled with negligence, would constitute a Category 1 offence, with penalties including a $3 million fine for a body corporate, $600,000 and/or 5 years imprisonment for an officer, or $300,000 and/or 5 years imprisonment for a worker.

Health and Safety Representatives (HSR), Consultation and Training

HSRs

The Bill proposes to promote and strengthen the existing HSR framework and requires PCBUs to invite workers to request facilitation of an election HSRs annually and advise workers of their ability to request the election of an HSR and establishment of a work group, the role, powers and functions of an HSR, the process for electing HSRs and who may represent workers in negotiations about work groups.

Further features relating to representation and consultation to include new processes and timeframes for work group negotiations within 14 days, health and safety committees establishment within 28 days, and relevant unions to be a party principal to negotiations regarding HSRs and agreements concerning work groups.

Unions included in consultation.

The Bill also requires PCBUs to consult with a representative of a worker where requested by the worker, ie an HSR or relevant union.

Cease Work Notices, expanded powers and training.

Updated cease work powers of HSR’s are proposed, whereby HSR’s can issue a written cease work notice to PCBU’s requiring the PCBU to direct the work to cease where the HSR has a reasonable concern that the health and safety of a worker in their work group is at serious risk from immediate or imminent exposure to a hazard.   HSRs retain the ability to issue a direction to a worker in circumstances where there is an immediate exposure to risk so serious that prior consultation is not reasonable.

Further expanded powers of HSR to include powers to accompany WHS Inspectors or entry permit holders where the visit is relevant to HSR’s work group, the authority to request information relating to the work health and safety of workers within their work group and provide HSRs with copies of enforcement notices issued by an inspector, copies of entry notices provided by WHS entry permit holders, and mandatory incident notifications made to the regulator by the PCBU. 

HSR’s will be entitled to choose the training course without consulting with the PCBU.

Reduced Timeframes for Provisional Improvement Notices

The Bill proposes to reduce the timeframe for compliance with a PIN from 8 days to 4 days, and requesting a review from the regulator for 7 days to 3 days.

For full details of the Work Health and Safety Amendment Bill 2023 please see the below link:

https://www.legislation.qld.gov.au/view/whole/html/bill.first/bill-2023-016

Media Statement can be found by clicking the link below:

https://statements.qld.gov.au/statements/99277