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Work health and safety laws in Queensland
It is your duty as an employer to provide your employees with a safe and healthy work environment.
Under the Work Health and Safety Act 2011 you must assess risks and implement and review control measures to prevent or minimise exposure to these risks.
To properly manage exposure to risks, you must:
- identify workplace hazards
- determine who might be harmed, and how
- decide on control measures
- put controls in place
- review the controls regularly.
This guide introduces you to work health and safety laws and their application.
Work Health and Safety Act 2011
The Work Health and Safety Act 2011 (WHS Act) provides a framework to protect the health, safety and welfare of all workers. It also protects the health and safety of others who might be affected by the work your business does.
All workers are protected by the WHS Act. This includes:
- employees
- contractors
- subcontractors
- outworkers
- apprentices
- trainees
- work experience students
- volunteers
- employers who perform work.
The WHS Act also provides protection for the general public so that their health and safety is not at risk by work performed by your business.
The WHS Act places the primary health and safety duty on a person conducting a business or undertaking (PCBU). A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers in their workplace. Duties are also placed on officers of a PCBU, workers and other persons at a workplace.
Most duties under the WHS Act are qualified by the term 'reasonably practicable'.
The WHS Act also sets out the requirements for the following:
- incident notification
- consultation with workers
- issue resolution
- inspector powers and functions
- offences and penalties.
Also consider...
- The Work Health and Safety Regulation 2011 gives health and safety requirements for businesses to manage.
- Find out more about work health and safety.
Codes of practice for work health and safety
A code of practice provides practical guidance for your business on how to achieve health and safety standards required under the Work Health and Safety Act 2011 (WHS Act). A code of practice also has effective ways to identify and manage risks.
Changes to the WHS Act came into effect on 1 July 2018 requiring duty holders to comply with an approved code of practice under the Act. Duty holders may, for the subject matter in the code, follow another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety to the standard required in the code.
Current codes of practice are:
- Abrasive blasting code of practice 2021 (PDF, 1.1MB)
- Cash in transit code of practice 2011 (PDF, 762KB)
- Children and young workers code of practice 2006 (PDF, 427KB)
- Concrete pumping code of practice 2019 (PDF, 2MB)
- Confined spaces code of practice 2021 (PDF, 1.4MB)
- Demolition work code of practice 2021 (PDF, 673KB)
- Electrical safety codes of practice and regulation
- Excavation work code of practice 2021 (PDF, 1.9MB)
- First aid in the workplace code of practice 2021 (PDF, 491KB)
- Forest harvesting code of practice 2007 (PDF, 1.4MB)
- Formwork code of practice 2016 (PDF, 1.6MB)
- Foundry code of practice 2004 (PDF, 725KB)
- Hazardous manual tasks code of practice 2021 (PDF, 1.4MB)
- Horse riding schools, trail riding establishments and horse hiring establishments code of practice 2002 (PDF, 630KB)
- How to manage and control asbestos in the workplace code of practice 2021 (PDF, 1MB)
- How to manage work health and safety risks code of practice 2021 (PDF, 670KB)
- How to safely remove asbestos code of practice 2021 (PDF, 2.2MB)
- Labelling of workplace hazardous chemicals code of practice 2021 (PDF, 1.3MB)
- Managing noise and preventing hearing loss at work code of practice 2021 (PDF, 1.6MB)
- Managing respirable crystalline silica dust exposure in construction and manufacturing of construction elements code of practice 2022 (commences 1 May 2023)
- Managing risks of hazardous chemicals in the workplace code of practice 2021 (PDF, 1.3MB)
- Managing risks in stevedoring code of practice 2023 (PDF, 846KB)
- Managing risks of plant in the workplace code of practice 2021 (PDF, 1.7MB)
- Managing the risk of falls at workplaces code of practice 2021 (PDF, 4MB)
- Managing the risk of psychosocial hazards at work code of practice 2022
- Managing the work environment and facilities code of practice 2021 (PDF, 558KB)
- Manual tasks involving the handling of people code of practice 2001 (PDF, 1.2KB)
- Mobile crane code of practice 2006 (PDF, 1.3MB)
- Occupational diving work code of practice 2005 (PDF, 533KB)
- Preparation of safety data sheets for hazardous chemicals code of practice 2021 (PDF, 1.1MB)
- Model code of practice: Preparation of safety data sheets for hazardous chemicals – Safe Work Australia.
- Recreational diving, recreational technical diving and snorkelling code of practice 2018 (PDF, 620KB)
- Rural plant code of practice 2004 (PDF, 643KB)
- Safe design and operation of tractors code of practice 2005 (PDF, 511KB)
- Safe design of structures code of practice 2021 (PDF, 749KB)
- Scaffolding code of practice 2021 (PDF, 1.1MB)
- Spray painting and powder coating code of practice 2021 (PDF, 1.2MB)
- Steel construction code of practice 2004 (PDF, 1.1MB)
- Sugar industry code of practice 2005 (PDF, 626KB)
- Tilt-up and pre-cast construction code of practice 2003 (PDF, 979KB)
- Tower crane code of practice 2017 (PDF, 1.6MB)
- Traffic management for construction or maintenance work code of practice 2008 (PDF, 817KB)
- Welding processes code of practice 2021 (PDF, 986KB)
- Work health and safety consultation, co-operation and co-ordination code of practice 2021 (PDF, 443KB)
Also consider...
- Find out more about work health and safety in Queensland.
WHSQ inspectors' entry powers and conduct
Workplace Health and Safety Queensland (WHSQ) inspectors are appointed to investigate contraventions of work health and safety laws, ensure compliance through the issuing of notices, and to assist employers in improving systems to prevent work injuries and manage safety.
Inspectors undertake on the job coaching and training on a broad range of issues in workplace safety.
Inspector's entry powers
Under the Work Health and Safety Act 2011 (WHS Act), the Electrical Safety Act 2002 (ES Act) and the Safety in Recreational Water Activities Act 2011 (SRWA Act) inspectors have particular legal powers.
Inspectors have the power to enter any place that:
- would be reasonably considered a workplace
- is authorised by a search warrant (including places that are not workplaces or suspected workplaces and places used only for residential purposes)
- is used only for residential purposes with the consent of the person with management or control of the place
- is used only for residential purposes to gain access to a suspected workplace if
- the inspector believes there is no reasonable alternative access available
- entry is at a reasonable time having regard to the times the inspector believes the work is being carried out
- is used for carrying out work that involves the storage and handling of dangerous goods and the operation and use of high risk plant
- is used for storing dangerous goods or where dangerous goods are handled including residential premises
- is used for storing high risk plant including residential premises
- involves the use or storage of high risk plant that affects public safety
- is covered by the Commonwealth WHS Act if the inspector reasonably believes it is necessary to do so to help the inspector's enquiries in relation to persons or activities covered by the WHS Act and the SRWA Act.
If any inspector enters a place that does not meet any of these criteria, the inspector must leave immediately.
Also consider...
- Find out more about work health and safety.
Penalties for breaches to work health and safety law
A breach to work health and safety law in Queensland occurs either when:
- a person conducting a business or undertaking (PCBU), or a senior officer's conduct, negligently causes the death of a worker
- an action is taken that places a person at risk of injury, illness or death
- steps are not taken to avoid a risky situation from occurring
- there is a failure to comply with regulatory requirements.
If you do not fulfil your duties or obligations, you are in breach of the Work Health and Safety Act 2011 (WHS Act) or the Electrical Safety Act 2002 (ES Act) and could be prosecuted.
Examples of breaches of the WHS Act include:
- exposing workers to the risk of excessive noise
- working at heights where the risk of falling is not controlled
- allowing unlicensed operators to use specified equipment (e.g. forklifts)
- not ensuring that plant is appropriately guarded to eliminate or minimise exposure of workers to moving parts
- failing to have in place safe work method statements for work carried out in or near a confined space
- not notifying Workplace Health and Safety Queensland (WHSQ) when a notifiable serious injury or illness occurs at your workplace.
Examples of breaches of the ES Act include:
- performing unlicensed electrical work
- carrying out electrical work on energised electrical equipment when not permitted
- allowing unlicensed operators to use specified equipment (e.g. forklifts)
- not testing electrical work to ensure it is electrically safe
- not notifying the Office of Industrial Relations of a serious electrical incident (SEI) or dangerous electrical event (DEE).
Categories of offences
There are 4 categories of offences for failing to comply with a health and safety duty under the WHS Act or an electrical safety duty under the ES Act, depending on the degree of seriousness or liability involved.
Industrial manslaughter—the highest penalty under either the WHS Act or the ES Act is for industrial manslaughter where a PCBU, or a senior officer, negligently causes the death of a worker.
Where a PCBU, or senior officer, commits industrial manslaughter, a maximum penalty of 20 years imprisonment for an individual or $10 million for a body corporate applies.
Find more information and definitions of industrial manslaughter.
Category 1—the next highest penalty under either the WHS Act or the ES Act is for a category 1 offence. These are serious breaches where a duty holder recklessly endangers a person to risk of death or serious injury. Offences involving reckless conduct will be prosecuted in the District Court.
- Corporation: up to $3 million
- Individual as a person conducting a business or undertaking (PCBU) or an officer: up to $600,000/5 years jail
- Individual (e.g. a worker): up to $300,000/5 years jail.
Category 2—failure to comply with a health and safety duty or electrical safety duty that exposes a person to risk of death, serious injury or illness. Offences will be prosecuted in the Magistrates Court.
- Corporation: up to $1.5 million
- Individual as a PCBU or an officer: up to $300,000
- Individual (e.g. a worker): up to $150,000.
Category 3—failure to comply with a health and safety duty or electrical safety duty. Offences will be prosecuted in the Magistrates Court.
- Corporation: up to $500,000
- Individual as a PCBU or an officer: up to $100,000
- Individual (e.g. a worker): up to $50,000.
On-the-spot fines
An on-the-spot fine, also known as an infringement notice, is an alternative to prosecuting alleged offenders directly through court.
On-the-spot fines may be issued for work health and safety offences prescribed in the State Penalties Enforcement Regulation 2014.
Both PCBUs and workers can be issued with an on-the-spot fine. Examples of offences which can be issued with a fine include (but are not limited to):
- failure to comply with an improvement notice
- failure to record a notifiable incident (for example a work-caused serious injury or illness)
- allowing persons to carry out high risk work without seeing written evidence that the worker has the relevant high risk work licence
- failure to allow health and safety representative to exercise his/her powers or functions
- failure to use/wear personal protective equipment (PPE) provided by PCBU in accordance with information, training or reasonable instruction given by PCBU (fine issued to worker)
- failure to test electrical work
- failure to ensure electrical equipment was de-energised before carrying out electrical work.
The fine may be paid in full within 28 days or an application can be made for a payment plan if the fine is over $200. Learn more about how to make a payment.
The alleged offender can choose to contest the infringement notice in a Magistrates Court.
Failure to pay
Not paying the fine can lead to further enforcement action including:
- redirection of wages or funds from a bank account
- issuing of a warrant for the seizure and sale of property
- suspension of the debtor's driver's licence until the debt is satisfied
- registration of the debt for enforcement interstate
- issuing an arrest and imprisonment warrant.
Also consider...
- Find out more about work health and safety.
General workplace management
In Queensland, the Work Health and Safety Regulation 2011 includes provisions that relate to:
- information, training and instruction
- general working environment
- first aid
- emergency plans
- personal protective equipment (PPE)
- remote or isolated work
- managing risks from airborne contaminants
- hazardous atmospheres
- storage of flammable or combustible substances and falling objects.
Information, training and instruction
As a person conducting a business or undertaking (PCBU) you have a duty to provide information, training and instruction to your workers that is suitable and adequate to:
- the nature of the work to be carried out by the worker
- the nature of the risks associated with the work (at the time the information, training or instruction is provided)
- the control measures implemented to deal with these risks.
You must also ensure, so far as reasonably practicable, that the information, training and instruction provided is readily understandable by any person it is provided to.
General working environment (workplace facilities)
You must ensure that the following is provided and maintained, so far as is reasonably practicable, without risk to a person's health and safety:
- a means of entry, exit and movement within a workplace
- a work space
- floors and surfaces designed, installed and maintained for the tasks being undertaken
- adequate lighting to enable each person to carry out work, move within the workplace and evacuate in an emergency
- ventilation
- control of risks associated with extremes in temperatures
- control of risks associated with essential services
- adequate facilities for workers (including toilets, drinking water, washing and eating facilities), maintained in good working order and clean, safe and accessible.
Managing risks from airborne contaminants
You must ensure that no one at the workplace is exposed to a substance or mixture in an airborne concentration which exceeds its exposure standard.
Air monitoring must be conducted to determine if any airborne concentration of the substance or mixture becomes a risk to anyone working in your workplace. If monitoring is conducted, the results must be recorded and retained for 30 years and be accessible to persons exposed at the workplace.
Managing chemicals
Keep in mind the health and safety of yourself and others when cleaning up chemical spills. The safety data sheet (SDS) gives information for cleaning up a chemical spill.
Each chemical has an identification code, called a UN number (a 4 digit number), which you can find stamped on the container or on its label. It is also found on the relevant SDS. If you call an emergency number to report a chemical incident, supply them with the UN number.
Try to contain a chemical spill so that it does not get into a watercourse or storage facility.
Hazardous atmospheres
Your workplace must manage risks associated with a hazardous atmosphere. An atmosphere is a hazardous atmosphere if:
- the atmosphere does not have a safe oxygen level (for example grain respiration occurring in grain silos leading to an oxygen depleted atmosphere, or effluent pits depleted in oxygen as a result of microbial action, or use of vehicle exhaust gas to purge a tank or vessel)
- the concentration of oxygen in the atmosphere increases the fire risk (for example a gas leak from a compressed oxygen cylinder used for welding activities in a confined area raising the oxygen concentration)
- the concentration of a flammable gas, vapour, mist, or fumes exceeds 5 % of the lower explosive limit for the gas, vapour, mist or fumes (for example tanks and containers containing residual fuel, or use of solvents in enclosed areas)
- a hazardous chemical in the form of a combustible dust is present in a quantity and form that would result in a hazardous area (combustible dusts include wood dust, bio-solids, sugar, starch, flour, feed, and grain. Hazards may exist when these dusts are finely divided, accumulate and become suspended in the air to create a hazardous atmosphere (for example grain silos or enclosed grain handling facilities where airborne dust is generated).
A duty holder must also manage the risks associated with an ignition source in a hazardous atmosphere.
Storage of flammable or combustible substances
You must ensure that if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace.
Flammable or combustible substances include:
- flammable and combustible liquids, including waste liquids, in containers, whether empty or full
- gas cylinders, whether empty or full.
- Find out more about work health and safety.
Also consider...
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021