New Workplace Health and Safety Regulation in Queensland

By Andrew Cardell-Ree and Emma Hoiberg.

Key Points:

On 1 September 2008 the Workplace Health & Safety Regulation 2008 replaced the previous (1997) regulation in Queensland.

The new Regulation makes a number of changes to Part 4 of the Regulation - Workplace health & safety officers; Part 7 - Reporting & recording injuries, illnesses and dangerous events; and Part 12A - Conducting recreational snorkelling.

The most significant changes are:

• progressively removing all remaining rural industry exemptions (except for earthmoving and particular crane operations) over the next two years;
• introducing penalty provisions for failure to keep the necessary detail in relation to risk assessment records, monitoring results and health surveillance reports for hazardous substances (although there is no change as to when or how these records must be kept); and
• increasing fees prescribed under the regulation (but not potential penalties).

The new Regulation also makes some minor technical changes such as renumbering certain provisions.

The transitional provisions regulate the change from the 1997 Regulation. Certificates, licences or notices in force before 1 September 2008 under the 1997 Regulation will continue in force, and applications lodged before 1 September 2008 will be decided in accordance with the 1997 Regulation.

For further information, please contact Hedy Cray and Andrew Cardell-Ree.