Some of these changes are now in effect with others scheduled for 20 May 2024 and 29 July 2024.
A change implementation timeline can be found at: https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0028/128188/WHSOLA-Act-2024-implementation-timeline.pdf
Now in effect - Using insurance arrangements to avoid responsibility for paying work health and safety penalties is now in effect.
Now in effect - clarification that the WHS Act (Qld) and Rail Safety National Law (Queensland) apply concurrently.
The below amendments come into effect 20 May 2024.
Clarification on who can be involved in addressing work health and safety issues at a workplace.
Clarifies the rights and responsibilities of WHS entry permit holders.
- An EPH can enter a workplace for the purpose of giving a notice of entry. A notice is not invalid merely because it contains a minor administrative error.
- An EPH can enter a workplace to inquire into suspected contraventions of the WHS Act or Electrical Safety Act and remain at the workplace, during its normal working hours, for the time necessary to achieve the purpose of entry.
- An EPH who has given notice of entry for a suspected contravention is not required to give additional notice to view relevant employee records or other documents held or accessible at the workplace, or to consult workers about the suspected contravention.
- It is not reasonable for a business to request the EPH to comply with a WHS requirements if it would unduly delay, unreasonably prevent or hinder the EPH exercising a right of entry (eg requiring off-site induction or using unnecessary exclusion zones).
- Information obtained by an EPH may be used or disclosed if the EPH reasonably believes it is necessary to lessen or prevent a serious incident.
Clarifies the regulator's power to obtain information from persons/entities outside of Qld.
Clarifies information sharing between regulators.
Provides a consistent approach to issuing and serving notices to obtain information.
Allows for audio and audio-visual uses rather than attending in person to answer questions by an inspector.
Provides a consistent approach to serving notices for a person to produce a document or answer questions.
A person may request the WHS Prosecutor bring a prosecution for a Category 1 or 2 office within 18 months (previously 12 months) after an act or omission.
Requires the regulator provide written updates on investigations every 3 months to a person who has made a request until a decision is made on whether a prosecution will be brought.
The WHS Prosecutor can authorise appropriately qualified member of staff for the WHS Prosecutor's office to bring proceedings under the WHS Act.
Codes of Practice must be reviewed (previously the Codes expired) at least every five years.
Information on these changes will be published closer to the implementation date.
Reach out to SafeWork Consulting or check the WorkSafe website for additional information https://www.worksafe.qld.gov.au/laws-and-compliance/work-health-and-safety-and-other-legislation-amendment-act-2024
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