Changes to Queensland’s Work Health and Safety Legislation | Global law firm

Prohibition on sure insurance coverage, indemnity and different preparations – in power now

The WHS Act and the Security in Leisure Water Actions Act 2011 (Qld) (SRWA Act) have been amended to ban an individual from coming into into, offering or taking the good thing about contracts of insurance coverage, indemnities or different preparations that insure or indemnify an individual for legal responsibility for a financial penalty beneath the laws. This nearer aligns with the place in New South Wales, Victoria, and Western Australia.

Key particulars about this new prohibition:

• It’s a defence if the individual can present they’d an inexpensive excuse.
• This offence may have broad software and should apply to insurance coverage firms, individuals and firms carrying on a enterprise, not for earnings, and officers, with it deemed that an officer of an organization is taken to have additionally dedicated the offence in sure circumstances. Officers could also be held personally chargeable for the offence, whether or not or not the company can be pursued.
• Contraventions could appeal to a most penalty of as much as $50,000 for people and as much as $250,000 for firms.
• Phrases of insurance coverage or different association, or an indemnity, will even be void to the extent that they purport to insure or indemnify an individual for legal responsibility for a financial penalty beneath the WHS Act and / or the SRWA Act.
• This new prohibition got here into impact on 28 March 2024 (the date of assent) however various transitional preparations apply for as much as 18 months.
• The prohibition doesn’t lengthen to insurance coverage or indemnities associated to any defence prices for alleged contraventions of the WHS Act and/or the SRWA Act.

Well being and security representatives and unions – not but in power as awaiting proclamation

The amendments implement modifications to bolster the present well being and security consultant (HSR) framework by:

• prohibiting individuals conducting a enterprise or endeavor (PCBUs) from deliberately hindering, stopping, or discouraging:
  • the election of a HSR;
  • a employee from making a request for the PCBU to facilitate the conduct of an election for 1 or extra HSRs; and/or
  • the individual conducting the election of a HSR from following procedures set out within the laws;
• offering that contraventions could appeal to a most penalty of as much as $20,000 for people and as much as $100,000 for firms;
• additional requiring PCBUs to:

• offering a brand new course of and timeframe for work group negotiations, together with for related unions to take part in these negotiations and be a celebration to any settlement;
• allowing unions to be a celebration to well being and issues of safety and enter and stay on the office for the needs of attending discussions with a view to resolving the problem;
• allowing HSRs to decide on their coaching course and, when attending a coaching course, requiring PCBUs to pay the HSR any traditional extra time, penalties or allowances that the HSR would in any other case be entitled to obtain if the HSR was performing their regular duties;
• increasing the function and powers of HSRs to allow HSRs to (to the extent they relate to their work group) accompany WHS entry allow holders and inspectors within the office; and
• amending the present stop work discover energy to allow HSRs to subject a written stop work discover to the PCBU (reasonably than staff) requiring the PCBU to direct staff to stop work if the HSR has an inexpensive concern that employee well being and security is at severe danger from a direct or imminent publicity to a hazard. These stop work notices will stay in impact till withdrawn by the HSR, the problem is resolved with the help of an inspector, an inspector points a prohibition discover or the Fee decides or offers with any dispute.

Discriminatory conduct – not but in power as awaiting proclamation

Whereas discriminatory conduct is already prohibited, that is additional aligned to the Industrial Relations Act 2016 (Qld) by:

• extending the definition of “discriminatory conduct” to incorporate treating a employee much less favourably;
• requiring purposes for orders relating to discriminatory conduct to be heard by the Queensland Industrial Relations Fee (QIRC), reasonably than the Magistrates Courtroom; and
• allowing a related union to use to the QIRC on behalf of a employee.

New obligations for regulator – not but in power as awaiting proclamation

There are two key modifications that have an effect on Office Well being and Security Queensland (WHSQ):

• WHSQ could, on request, give info contained in an enchancment discover, prohibition discover or non-disturbance discover to a HSR or WHS entry allow holder, apart from private or confidential industrial info.
• the place an individual requests {that a} prosecution be introduced and the Work Well being and Security Prosecutor advises that the incident investigation will not be full, WHSQ is required to offer written updates each 3 months till the investigation is full.

WHS entry allow holders – not but in power as awaiting proclamation

Additional amendments shall be made to make clear the ability of WHS entry allow holders, together with:

• WHS entry allow holders shall be expressly permitted to stay at a office for the time obligatory to finish the train of their statutory powers;
• a proper defect or irregularity in an entry discover (for instance, incorrect spelling) doesn’t have an effect on the validity of an entry; and
• a request to adjust to a WHS requirement will not be affordable if complying would unduly delay or unreasonably hinder or hinder the WHS entry allow holder exercising a proper of entry to the office. For instance, requiring off-site induction distant from the place entry is sought or extreme / pointless utilization of exclusion zones

What’s subsequent?

Organisations and their officers ought to:

• assessment any insurance coverage or indemnity preparations to make sure compliance with the brand new prohibition; and
• take into account how the modifications referring to HSRs, union involvement and WHS entry allow holders will have an effect on the enterprise and perceive whether or not any modifications to inner processes and procedures shall be required.

Additional modifications to Queensland’s security laws are anticipated in 2024, with the Electrical Security Act 2002 (Qld) at present being reviewed.

If you need to debate the proposed modifications in additional element, together with what they might imply in your organisation, please don’t hesitate to contact us.