In the last edition of Insight, we discussed the recent amendments to the Queensland Work Health and Safety and Other Legislation Amendment Act 2024 (WHSOLA Act) and how the Queensland Government is taking a staged approach to the introduction of these changes. In Part 1 we discussed which changes were taking effect from 20 May 2024. In Part 2 of this series, we will now focus on those changes taking effect later in the year.

From July 29, further amendments regarding consultation with workers and HSRs come into effect, including:

  • Where consultation is to be carried out at the workplace: the PCBU must carry out the consultation at the time and place agreed to by the workers and HSRs.
  • A PCBU must share relevant information with workers when carrying out consultation about a matter, but this does not require a PCBU to allow HSRs to have access to identifying personal or medical information about workers.
  • A PCBU must inform workers in writing about:
    • their right to request the election of HSRs and establish work groups,
    • the role, powers and functions of HSRs and the process for electing them, and
    • who can represent workers during negotiations about work groups.
  • A PCBU must invite workers to request the facilitation of an election for one or more HSRs.
  • HSRs are now empowered to request and receive information concerning the health and safety of workers in the work group.
  • HSRs are to be notified and can now accompany an entry permit holder (EPH) at the workplace where the EPH’s reason for entry relates to the HSR’s work group.
  • In directing the cessation of work, a HSR must now issue the PCBU a written Cease Work Notice if attempts to resolve a WHS matter have failed. The PCBU must then direct workers to stop the work activity that is the subject of the Cease Work Notice. The HSR must display the Cease Work Notice in a prominent place for the workers of the work group.
  • The timeframe for a PCBU to comply with a Provisional Improvement Notice (PIN) issued by a HSR will reduce from 8 days to 4 days. Further, the period for when a PCBU can ask WHSQ to appoint an Inspector to review a PIN will reduce to 3 days.
  • HSRs can now choose their own Training Provider (so long as this Provider has been approved by WHSQ).
  • WHS Committees must be established within 28 days after receiving a request from workers, and WHSQ can be asked by workers to intervene if the parties to the Committee cannot reach agreement on the Committee’s constitution.

Lastly, the WHSOLA Act streamlines the issue and dispute resolution process by clarifying the role of inspectors, the Queensland Industrial Relations Commission (QIRC), and the standing of worker representatives. The anticipated benefit of this change is that where health and safety-related issues have not been able to be resolved within an organisation, the role of the QRIC will be to provide an efficient and timely resolution of matters brought before it.

Another key to effectively manage WHS consultation is utilising the same approach recommended by every Doctor around the country: “prevention is always better than cure”. In other words, better WHS outcomes are achieved all round through the earlier engagement and proactive involvement of workers and HSRs, and through the demonstration of WHS consultation duties incumbent upon all parties under the Act and Regulation. This will help to manage identified issues quickly and for these to remain in-house rather than becoming larger, more antagonistic and external regulatory issues later in the process.

Please contact QRMC for more information or assistance.