WORK HEALTH AND SAFETY ACT 2011 NO. 18

Queensland Numbered Acts

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WORK HEALTH AND SAFETY ACT 2011 NO. 18

TABLE OF PROVISIONS

Contents
Part 1--Preliminary
Division 1--Introduction
1. Short title
2. Commencement
Division 2--Object
3. Object
Division 3--Interpretation
Subdivision 1--Definitions
4. Definitions
Subdivision 2--Other important terms
5. Meaning of person conducting a business or undertaking
6. Meaning of supply
7. Meaning of worker
8. Meaning of workplace
9. Section number not used
Division 4--Application of Act
10. Act binds all persons
11. Section number not used
12. Scope: application of Act to particular matters
Part 2--Health and safety duties
Division 1--Introductory
Subdivision 1--Principles that apply to duties
13. Principles that apply to duties
14. Duties not transferrable
15. Person may have more than 1 duty
16. More than 1 person can have a duty
17. Management of risks
Subdivision 2--What is reasonably practicable
18. What is reasonably practicable in ensuring health and safety
Division 2--Primary duty of care
19. Primary duty of care
Division 3--Further duties of persons conducting businesses or undertakings
20. Duty of persons conducting businesses or undertakings involving management or control of workplaces
21. Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces
22. Duties of persons conducting businesses or undertakings that design plant, substances or structures
23. Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures
24. Duties of persons conducting businesses or undertakings that import plant, substances or structures
25. Duties of persons conducting businesses or undertakings that supply plant, substances or structures
26. Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures
Division 4--Duty of officers, workers and other persons
27. Duty of officers
28. Duties of workers
29. Duties of other persons at the workplace
Division 5--Offences and penalties
30. Health and safety duty
31. Reckless conduct—category 1
32. Failure to comply with health and safety duty—category 2
33. Failure to comply with health and safety duty—category 3
33A. Duty prevails over particular excuses
34. Exceptions
Part 3--Incident notification
35. What is a notifiable incident
36. What is a serious injury or illness
37. What is a dangerous incident
38. Duty to notify of notifiable incidents
39. Duty to preserve incident sites
Part 4--Authorisations
40. Meaning of authorised
41. Requirements for authorisation of workplaces
42. Requirements for authorisation of plant or substance
43. Requirements for authorisation of work
44. Requirements for prescribed qualifications or experience
45. Requirement to comply with conditions of authorisation
Part 5--Consultation, representation and participation
Division 1--Consultation, cooperation and coordination between duty holders
46. Duty to consult with other duty holders
Division 2--Consultation with workers
47. Duty to consult workers
48. Nature of consultation
49. When consultation is required
Division 3--Health and safety representatives
Subdivision 1--Request for election of health and safety representatives
50. Request for election of health and safety representative
Subdivision 2--Determination of work groups
51. Determination of work groups
52. Negotiations for agreement for work group
53. Notice to workers
54. Failure of negotiations
Subdivision 3--Multiple-business work groups
55. Determination of work groups of multiple businesses
56. Negotiation of agreement for work groups of multiple businesses
57. Notice to workers
58. Withdrawal from negotiations or agreement involving multiple businesses
59. Effect of subdivision on other arrangements
Subdivision 4--Election of health and safety representatives
60. Eligibility to be elected
61. Procedure for election of health and safety representatives
62. Eligibility to vote
63. When election not required
64. Term of office of health and safety representative
65. Disqualification of health and safety representatives
66. Immunity of health and safety representatives
67. Deputy health and safety representatives
Subdivision 4A--Disqualification process
67A. Definition for subdivision
67B. Application of subdivision
67C. Decision on application may be given on the papers or at a hearing
67D. Applications decided on the papers
67E. Applications decided at a hearing
67F. Notice of decision
Subdivision 5--Powers and functions of health and safety representatives
68. Powers and functions of health and safety representatives
69. Powers and functions generally limited to the particular work group
Subdivision 6--Obligations of person conducting business or undertaking to health and safety representatives
70. General obligations of person conducting business or undertaking
71. Exceptions from obligations under s 70(1)
72. Obligation to train health and safety representatives
73. Obligation to share costs if multiple businesses or undertakings
74. List of health and safety representatives
Division 4--Health and safety committees
75. Health and safety committees
76. Constitution of committee
77. Functions of committee
78. Meetings of committee
79. Duties of person conducting business or undertaking
Division 5--Issue resolution
80. Parties to an issue
81. Resolution of health and safety issues
82. Referral of issue to regulator for resolution by inspector
Division 6--Right to cease or direct cessation of unsafe work
83. Definition of cease work under this division
84. Right of worker to cease unsafe work
85. Health and safety representative may direct that unsafe work cease
86. Worker to notify if ceases work
87. Alternative work
88. Continuity of engagement of worker
89. Request to regulator to appoint inspector to assist
Division 7--Provisional improvement notices
90. Provisional improvement notices
91. Provisional improvement notice to be in writing
92. Contents of provisional improvement notice
93. Provisional improvement notice may give directions to remedy contravention
94. Minor changes to provisional improvement notice
95. Issue of provisional improvement notice
96. Health and safety representative may cancel notice
97. Display of provisional improvement notice
98. Formal irregularities or defects in notice
99. Offence to contravene a provisional improvement notice
100. Request for review of provisional improvement notice
101. Regulator to appoint inspector to review notice
102. Decision of inspector on review of provisional improvement notice
Division 8--Part not to apply to prisoners and detainees
103. Part does not apply to prisoners and detainees
Part 6--Discriminatory, coercive and misleading conduct
Division 1--Prohibition of discriminatory, coercive or misleading conduct
104. Prohibition of discriminatory conduct
105. What is discriminatory conduct
106. What is a prohibited reason
107. Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct
108. Prohibition of coercion or inducement
109. Misrepresentation
Division 2--Criminal proceedings in relation to discriminatory conduct
110. Proof of discriminatory conduct
111. Order for compensation or reinstatement
Division 3--Civil proceedings in relation to discriminatory or coercive conduct
112. Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct
113. Procedure for civil actions for discriminatory conduct
Division 4--General
114. General provisions relating to orders
115. Prohibition of multiple actions
Part 7--Workplace entry by WHS entry permit holders
Division 1--Introductory
116. Definitions
Division 2--Entry to inquire into suspected contraventions
117. Entry to inquire into suspected contraventions
118. Rights that may be exercised while at workplace
119. Notice of entry
120. Entry to inspect employee records or information held by another person
Division 3--Entry to consult and advise workers
121. Entry to consult and advise workers
122. Notice of entry
Division 4--Requirements for WHS entry permit holders
123. Contravening WHS entry permit conditions
124. WHS entry permit holder must also hold permit under other law
125. WHS entry permit to be available for inspection
126. When right may be exercised
127. Where the right may be exercised
128. Work health and safety requirements
129. Residential premises
130. WHS entry permit holder not required to disclose names of workers
Division 5--WHS entry permits
131. Application for WHS entry permit
132. Consideration of application
133. Eligibility criteria
134. Issue of WHS entry permit
135. Conditions on WHS entry permit
136. Term of WHS entry permit
137. Expiry of WHS entry permit
138. Application to revoke WHS entry permit
139. Commission must permit WHS entry permit holder to show cause
140. Determination of application
Division 6--Dealing with disputes
141. Application for assistance of inspector to resolve dispute
142. Commission may deal with a dispute about a right of entry under this Act
143. Contravening order made to deal with dispute
Division 7--Prohibitions
144. Person must not refuse or delay entry of WHS entry permit holder
145. Person must not hinder or obstruct WHS entry permit holder
146. WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace
147. Misrepresentations about things authorised by this part
148. Unauthorised use or disclosure of information or documents
Division 8--General
149. Return of WHS entry permits
150. Union to provide information to industrial registrar
151. Register of WHS entry permit holders
Part 8--The regulator
Division 1--Functions of regulator
152. Functions of regulator
153. Powers of regulator
154. Delegation by regulator
Division 2--Powers of regulator to obtain information
155. Powers of regulator to obtain information
Part 9--Securing compliance
Division 1--Appointment of inspectors
156. Appointment of inspectors
157. Identity cards
158. Accountability of inspectors
159. Suspension and ending of appointment of inspectors
Division 2--Functions and powers of inspectors
160. Functions and powers of inspectors
161. Conditions on inspectors' compliance powers
162. Inspectors subject to regulator's directions
Division 3--Powers relating to entry
Subdivision 1--General powers of entry
163. Powers of entry
164. Notification of entry
165. General powers on entry
166. Persons assisting inspectors
Subdivision 2--Search warrants
167. Search warrants
167A. Electronic application
168. Announcement before entry on warrant
169. Copy of warrant to be given to person with management or control of place
Subdivision 3--Limitation on entry powers
170. Places used for residential purposes
Subdivision 4--Specific powers on entry
171. Power to require production of documents and answers to questions
172. Abrogation of privilege against self-incrimination
173. Warning to be given
174. Powers to copy and retain documents
175. Power to seize evidence etc.
176. Inspector's power to seize dangerous workplaces and things
177. Powers supporting seizure
178. Receipt for seized things
179. Forfeiture of seized things
180. Return of seized things
181. Access to seized things
Division 4--Damage and compensation
182. Damage etc. to be minimised
183. Inspector to give notice of damage
184. Compensation
Division 5--Other matters
185. Power to require name and address
186. Inspector may take affidavits
187. Inspector at coronial inquests
Division 6--Offences in relation to inspectors
188. Offence to hinder or obstruct inspector
189. Offence to impersonate inspector
190. Offence to assault, threaten or intimidate inspector
Part 10--Enforcement measures
Division 1--Improvement notices
191. Issue of improvement notices
192. Contents of improvement notices
193. Compliance with improvement notice
194. Extension of time for compliance with improvement notices
Division 2--Prohibition notices
195. Power to issue prohibition notice
196. Contents of prohibition notice
197. Compliance with prohibition notice
Division 3--Non-disturbance notices
198. Issue of non-disturbance notice
199. Contents of non-disturbance notice
200. Compliance with non-disturbance notice
201. Issue of subsequent notices
Division 4--General requirements applying to notices
202. Application of division
203. Notice to be in writing
204. Directions in notices
205. Recommendations in notice
206. Changes to notice by inspector
207. Regulator may vary or cancel notice
208. Formal irregularities or defects in notice
209. Issue and giving of notice
210. Display of notice
Division 5--Remedial action
211. When regulator may carry out action
212. Power of the regulator to take other remedial action
213. Costs of remedial or other action
Division 6--Injunctions
214. Application of division
215. Injunctions for noncompliance with notices
Part 11--Enforceable undertakings
216. Regulator may accept WHS undertakings
217. Notice of decision and reasons for decision
218. When a WHS undertaking is enforceable
219. Compliance with WHS undertaking
220. Contravention of WHS undertaking
221. Withdrawal or variation of WHS undertaking
222. Proceeding for alleged contravention
Part 12--Review of decisions
Division 1--Reviewable decisions
223. Which decisions are reviewable
Division 2--Internal review
224. Application for internal review
225. Internal reviewer
226. Decision of internal reviewer
227. Decision on internal review
228. Stay of reviewable decisions on internal review
Division 3--External review
229. Application for external review
Division 4--Review by commission
229A. Decision
229B. How to start review
229C. Stay of operation of decision
229D. Hearing procedures
229E. Powers of commission on application
229F. Appeals
Part 13--Legal proceedings
Division 1--General matters
230. Prosecutions
231. Procedure if prosecution is not brought
232. Limitation period for prosecutions
233. Multiple contraventions of health and safety duty provision
Division 2--Sentencing for offences
234. Application of this division
235. Orders generally
236. Adverse publicity orders
237. Orders for restoration
238. Work health and safety project orders
239. Release on the giving of a court-ordered WHS undertaking
240. Injunctions
241. Training orders
242. Offence to fail to comply with order
Division 3
243. Division and section number not used
Division 4--Offences by bodies corporate
244. Imputing conduct to bodies corporate
Division 5--The State, Commonwealth and other States
245. Offences and the State, Commonwealth and other States
246. WHS civil penalty provisions and the State, Commonwealth and other States
247. Officers
248. Responsible agency for the State, Commonwealth or another State
Division 6--Public authorities
249. Application to public authorities that are bodies corporate or local governments
250. Proceedings against public authorities
251. Imputing conduct to public authorities
252. Officer of public authority
253. Proceedings against successors to public authorities
Division 7--WHS civil penalty provisions
254. When is a provision a WHS civil penalty provision
255. Proceedings for contravention of WHS civil penalty provision
256. Involvement in contravention treated in same way as actual contravention
257. Contravening a civil penalty provision is not an offence
258. Civil proceeding rules and procedure to apply
259. Proceeding for a contravention of a WHS civil penalty provision
260. Proceeding may be taken by the regulator or an inspector
261. Limitation period for WHS civil penalty proceedings
262. Recovery of a monetary penalty
263. Civil double jeopardy
264. Criminal proceedings during civil proceedings
265. Criminal proceedings after civil proceedings
266. Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings
Division 8--Civil liability not affected by this Act
267. Civil liability not affected by this Act
Part 14--General
Division 1--General provisions
268. Offence to give false or misleading information
269. Act does not affect legal professional privilege
270. Immunity from liability
271. Confidentiality of information
272. No contracting out
273. Person not to levy workers
Division 2--Codes of practice
274. Approved codes of practice
275. Use of codes of practice in proceedings
Division 3--Regulation-making power
276. Regulation-making power
Part 15--Repeals
277. Repeal of Workplace Health and Safety Act 1995
278. Repeal of Dangerous Goods Safety Management Act 2001
Part 16--Transitional provisions
Division 1--Provisions for the repeal of the Workplace Health and Safety Act 1995
Subdivision 1--Preliminary
279. Definitions for div 1
Subdivision 2--Proceedings
280. Application of this Act and repealed Act in relation to particular provisions
281. Application of this Act and repealed Act in relation to other particular provisions
282. Investigations and proceedings generally
Subdivision 3--Status of persons, bodies, processes and other matters
283. Principal contractor
284. Code of practice preserved
285. Enforceable undertaking
286. Appointment to particular board and committee preserved
287. Election of workplace health and safety representative preserved
288. Training requirements for workplace health and safety representative
289. Provisional improvement notices preserved
290. Suspension or cancellation relating to workplace health and safety representative preserved
291. Workplace health and safety committee preserved
292. Appointment of authorised representative preserved
293. Appointment of inspector
294. Warrants and actions by inspectors preserved
295. Improvement notice preserved
296. Prohibition notice preserved
297. Appeals
Division 2--Provisions for repeal of Dangerous Goods Safety Management Act 2001
298. Definitions for pt 15, div 2
299. Application of this Act and repealed Act in relation to particular provisions
300. Application of this Act and repealed Act in relation to other particular provisions
301. Investigations and proceedings generally
302. Directive by authorised officer preserved
303. Warrants and actions by authorised officer preserved
304. Cost recovery notice
305. Appeals
306. Regulation-making power for major hazard facility
Division 3--Other transitional provisions
307. Power to make subordinate legislation unaffected by direct amendment by Act
Part 17--Amendment of asbestos definition
Division 1--Amendment of Coal Mining Safety and Health Regulation 2001
308. Regulation amended
309. Amendment of sch 9 (Dictionary)
Division 2--Amendment of Public Health Regulation 2005
310. Regulation amended
311. Amendment of s 2B (Definitions for div 1)
Division 3--Amendment of Mining and Quarrying Safety and Health Regulation 2001
312. Regulation amended
313. Amendment of sch 7 (Dictionary)
Division 4--Amendment of Workplace Health and Safety Act 1995
314. Act amended
315. Amendment of sch 3 (Dictionary)
Division 5--Amendment of Workplace Health and Safety Regulation 2008
316. Regulation amended
317. Replacement of sch 9, s 1 (Amosite, crocidolite, fibrous anthophyllite, tremolite or actinolite)
Part 18--Amendment of other legislation relating to safety
Division 1--Building and construction work levy amendments
Subdivision 1--Building and Construction Industry (Portable Long Service Leave) Act 1991
318. Act amended
319. Amendment of s 3A (Who is an eligible worker)
320. Amendment of s 32 (Funds of authority)
321. Amendment of s 66 (Imposition of levies)
322. Amendment of s 72 (Rate of levy)
323. Amendment of sch (Dictionary)
324. Insertion of new pt 11, div 7
Subdivision 2--Building and Construction Industry (Portable Long Service Leave) Regulation 2002
325. Regulation amended
326. Amendment of s 6 (Building and construction work for which no levy is payable—Act, s 70(2))
327. Amendment of s 7 (Prescribed percentage for levy—Act, s 72)
Subdivision 3--Workplace Health and Safety Regulation 2008
328. Regulation amended
329. Omission of pt 9 (Notifiable building and construction work)
330. Omission of sch 1, item 1 (Notification of building and construction work)
Division 2--Amendment of Electrical Safety Act 2002
331. Act amended
332. Amendment of s 3 (Act binds all persons)
333. Amendment of s 5 (How purpose of Act is to be achieved)
334. Amendment of s 10 (Meanings of electrical risk, electrically safe and electrical safety)
335. Replacement of ss 14 and 15
336. Replacement of s 18 (Meaning of electrical work)
337. Replacement of s 21 (Meaning of employer)
338. Replacement of s 22 (Meaning of worker)
339. Omission of s 23 (Meaning of self-employed person)
340. Amendment of pt 2 hdg (Electrical safety obligations)
341. Replacement of pt 2, div 1 (Preliminary)
342. Amendment of pt 2, div 2 heading
343. Amendment of s 29 (Obligation of electricity entity)
344. Amendment of s 30 (Obligation of employer or self-employed person)
345. Amendment of s 31 (Obligation of designer of electrical equipment)
346. Amendment of s 32 (Obligation of manufacturer of electrical equipment)
347. Amendment of s 33 (Obligation of importer of electrical equipment)
348. Replacement of s 34 (Obligation of supplier of electrical equipment)
349. Amendment of s 35 (Additional obligations of designer, manufacturer, importer or supplier of electrical equipment)
350. Amendment of s 36 (Obligation of installer of electrical equipment or electrical installation)
351. Amendment of s 37 (Obligation of repairer of electrical equipment or electrical installation)
352. Amendment of s 38 (Obligation of person in control of electrical equipment)
353. Insertion of new s 38A
354. Replacement of s 39 (Obligation of worker)
355. Replacement of s 40 (Obligation of other person)
356. Amendment of s 40A (Minister may make recall order)
357. Renumbering of pt 2, div 2A
358. Insertion of new pt 2, div 2A
359. Amendment of pt 2, div 3, hdg
360. Omission of s 41 (Effect of regulation for discharge of electrical safety obligation)
361. Amendment of s 42 (Ministerial notice about discharging electrical safety obligation)
362. Amendment of s 43 (Effect of ministerial notice for discharge of electrical safety obligation)
363. Amendment of s 44 (Code of practice about discharging electrical safety obligation)
364. Replacement of s 45 (Effect of code of practice for discharge of electrical safety obligation)
365. Omission of pt 2, div 4 (Defences)
366. Omission of pt 2, div 5 (Effect of Act on civil liability)
367. Replacement of pt 3 (Enforceable undertakings)
368. Amendment of s 57AA (Employer or self-employed person must ensure workers are appropriately licensed)
369. Amendment of s 57AB (Employers or self-employed persons must keep register of licensed workers)
370. Amendment of s 57AC (Licence holder engaged by employer or self-employed person must notify changes)
371. Amendment of s 63 (Electrical licence conditions and restrictions)
372. Amendment of s 67 (Obligation of prescribed electricity entity)
373. Amendment of s 77 (Composition of board)
374. Amendment of s 94 (Functions of equipment committee)
375. Amendment of pt 10, hdg
376. Renumbering of pt 10, div 2
377. Replacement of pt 10, div 1
378. Insertion of new section 136B
379. Replacement of pt 11
380. Replacement of pt 12, hdg (Reviews and appeals)
381. Replacement of pt 12, div 2 hdg (Reviews of decisions)
382. Amendment of s 170 (Review of decisions)
383. Replacement of s 171 (Stay of operation of original decision)
384. Replacement of pt 12, div 3 (Appeals)
385. Renumbering of pt 14 (Miscellaneous provisions)
386. Replacement of pt 13, divs 2, 2A and 3
387. Replacement of ss 205–205B
388. Omission of s 207 (Delegation by chief executive)
389. Insertion of new pt 20
390. Amendment of sch 2 (Dictionary)
Division 3--Amendment of Electrical Safety and Other Legislation Amendment Act 2011
391. Act amended
392. Omission of s 4 (Amendment of s 26 (Obligations for electrical safety))
393. Amendment of s 5 (Amendment of s 32 (Obligation of manufacturer of electrical equipment))
394. Amendment of s 6 (Amendment of s 33 (Obligation of importer of electrical equipment))
395. Amendment of s 7 (Insertion of new s 40AA)
396. Amendment of s 8 (Insertion of new pt 2A)
397. Amendment of s 10 (Insertion of new pt 14, div 1A)
398. Amendment of s 13 (Amendment of sch 2 (Dictionary))
399. Amendment of s 15 (Replacement of pt 6 and insertion of new pt 6A)
400. Amendment of s 19 (Amendment of sch 9 (Dictionary))
401. Commencement provisions
Division 4--Amendment of Penalties and Sentences Act 1992
402. Act amended
403. Amendment of s 5 (Meaning of penalty unit)
Division 5--General
404. Amendments in sch 4 (Minor and consequential amendments)
Part 19--Amendment of Workers' Compensation and Rehabilitation Act 2003
405. Act amended
406. Amendment of s 108 (Compensation entitlement)
407. Insertion of new ch 3, pt 2, div 5
408. Insertion of new ch 14, pt 1A
409. Insertion of new s 584A
410. Amendment of sch 6 (Dictionary)
SCHEDULE 1 -- APPLICATION OF ACT
Part 1--Dangerous goods and high risk plant
1. Application to storage and handling of dangerous goods
Part 2--Relationship with other Acts
Division 1--Mining safety and related matters
2. Relationship with mining Acts
3. Relationship with other Acts relating to design or manufacture of operating plant
Division 2--Electrical safety
4. Relationship with Electrical Safety Act 2002
Division 3--Transport rail safety
5. Relationship with Transport (Rail Safety) Act 2010
Division 4--Other legislation
6. Generally
SCHEDULE 2 -- THE REGULATOR AND LOCAL TRIPARTITE CONSULTATION ARRANGEMENTS AND OTHER LOCAL ARRANGEMENTS
Part 1--The regulator
1. Appointment of regulator
Part 2--Industry consultative arrangements
Division 1--Purposes of part
2. Purposes of part
Division 2--The board and its functions
3. Work health and safety board
4. Functions of board
5. Annual report
Division 3--Membership and conduct of board proceedings
6. Membership of board
7. Times of board meetings
8. Conduct of proceedings
9. Disclosure of interests
10. Minutes
Division 4--Provisions about appointed board members
11. Duration of appointment
12. Leave of absence
13. Conditions of appointment
Division 5--Industry sector standing committees
14. Industry sector standing committees
15. Functions of industry sector standing committees
Division 6--Membership and conduct of industry sector standing committee proceedings
16. Membership of industry sector standing committee
17. Times of industry sector standing committee meetings
18. Conduct of industry sector standing committee proceedings
19. Disclosure of interests
20. Minutes
Division 7--Provisions about industry sector standing committee members
21. Duration of appointment
22. Leave of absence
23. Conditions of appointment
Part 3--Self-insurance report
24. Application for report relating to workers' compensation self-insurance
SCHEDULE 2A -- REVIEWABLE DECISIONS
SCHEDULE 3 -- REGULATION-MAKING POWERS
1. Duties
2. Incidents
3. Plant, substances or structures
4. Protection and welfare of workers
5. Hazards and risks
6. Records and notices
7. Authorisations
8. Work groups
9. Health and safety committees and health and safety representatives
10. Issue resolution
11. WHS entry permits
12. Identity cards
13. Forfeiture
14. Review of decisions
SCHEDULE 4 -- MINOR AND CONSEQUENTIAL AMENDMENTS
SCHEDULE 5 -- DICTIONARY

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