2024 was a busy year for safety-related legislative change with the former Queensland Labor government introducing changes to the WHS, Electrical Safety and Resource Safety Legislation.

Below are a couple of key call-outs for issues that we need to be aware of, and ready for in the New Year:

HSRs and Consultation

Within Queensland there was a suite of legislative amendments focusing on health and safety representatives and the ‘need’ for consultation, these included:

  • The expanded HSR powers to enable the HSRs to issue directives to cease unsafe work and require that work halts until safety issues are resolved. They also have authority to issue Provisional Improvement Notices (PINs) more quickly than before, with a shortened compliance deadline from eight to four days.
  • Obligations on the PCBUs to inform workers about their right to elect HSRs and outline the process for forming workgroups. PCBUs are also required to ensure HSRs can access necessary information and accompany relevant inspections. They must facilitate HSR training and cover related costs, including regular wages during training sessions.
  • Health and Safety Committees, if requested by workers, are now mandated to form a Health and Safety Committee within 28 days to improve safety discussions and practices.

Other jurisdictions, such as NSW made some changes but these were amped up in Queensland. For companies with a national footprint there is a need to recognise that the powers of HSRs vary significantly from jurisdiction to jurisdiction.

It would be fair to expect that, under the current legislation, the HSR powers will gain traction, with the potential for more cease work notices to be issued.  For those organisations who do not have HSRs in place, it is essential that a) workers are proactively consulted about WHS matters; b) are informed of their right to be represented; and c) the process for nominating and electing HSRs is formalised.

It should be noted that the recently elected LNP government is giving indications of some rollbacks in this space, so a watching brief for future legislative changes is warranted.

Due Diligence

The focus on Officers’ Due Diligence requirements dropped a little as the year progressed. A number of Directors were charged with WHS offences under the Act, and an interesting case was prosecuted following the Zipline incident in Cairns, where a member of the public died, and another was seriously injured. Of significant note, the Magistrate affirmed that the Director (as an Officer) can rely on the skillsets of Operational Management, and that Directors, as Officers, do not need to micro-manage the Operational Management Team. Obviously, there was a lot more legal discussion to this, and everything needs to be considered in context, but moving forward, it makes for an interesting precedent.

In general terms, Directors appear to have been educated or interested in their WHS duties, which is certainly a positive step forward.

Given the focus on this topic over the last number of years, it is highly likely that Officers’ duties will remain a significant ‘target area’ for the Regulator.

Sexual Harassment Prevention

Nationally there has been a push to target this WHS issue, and arguably, Queensland is leading the way in terms of legislating against sexual harassment. An amendment to Sec 55, adding 55E to include the need to manage sexual harassment and sex or gender-based harassment as part of the Duty to manage psychosocial risks commenced in September this year.  Due to take effect as of 1 March 2025 is the specific obligation to have a documented “Sexual Harassment Prevention Plan”. This plan needs to state each identified risk and the controls measures to be implemented for these risks. Importantly, it needs to state the matters considered, the consultation undertaken and the procedures implemented for dealing with reports of sexual harassment or gender-based harassment at work.

While WorkSafe Queensland has provided a kit to assist with this (which you can find here), there is a clearly a need to ensure that your risk assessments and procedures are reviewed and communicated to the workforce.

Naturally, in implementing the plan the PCBU must take steps to ensure that workers are made aware of it, and the plan is to be reviewed if a report is made, or if requested by the organisation’s WHS Committee.

Please contact QRMC for more information or assistance.