Queensland Numbered Acts

WORK HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 32

32 Amendment of s 85 (Health and safety representative may direct that unsafe work cease)

(1) Section 85 (1) —
omit, insert—

(1) A health and safety representative may, by giving a written notice stating the matters mentioned in section 85A (a
"cease work notice" ) to the person conducting the business or undertaking for whom workers are carrying out work, direct the person to direct 1 or more workers to cease work if—

(a) the health and safety representative has a reasonable concern that to carry out the work would expose a worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure to a hazard; and

(b) the worker mentioned in paragraph (a) is in a work group represented by the health and safety representative.

(2) Section 85 (2) , from ‘a worker’ to ‘cease work’—
omit, insert—
a direction under subsection (1)

(3) Section 85 (2) (a) , from ‘for’ to ‘work’—
omit.

(4) Section 85 (3) , from ‘to cease’ to ‘consultation’—
omit, insert—
or workers to cease work without consulting about the matter with the person conducting the business or undertaking

(5) Section 85 (4) and (5) —
omit, insert—

(4) A direction given under subsection (3) may be given orally.

(5) As soon as possible after giving a direction under subsection (3), the health and safety representative must—

(a) give the person conducting the business or undertaking a cease work notice to inform the person of the direction given to the worker or workers under subsection (3); and

(b) display, in a prominent way in an area used by the workers who are in the work group, a copy of the cease work notice mentioned in paragraph (a); and

(c) consult with the person conducting the business or undertaking to attempt to resolve the matter.

(6) Section 85 —
insert—

(7) If a person conducting a business or undertaking receives a cease work notice under subsection (1), the person must, as soon as possible, direct the worker or workers to—

(a) cease work to the extent it relates to the matter; or

(b) not start work to the extent it relates to the matter.

(8) As soon as practicable after the person conducting the business or undertaking gives a direction under subsection (7), the health and safety representative must display, in a prominent way in an area used by the workers who are in the work group, a copy of the cease work notice mentioned in subsection (1).

(9) A direction given under this section remains effective until—

(a) the direction given under subsection (1) or (3) is withdrawn in writing by the health and safety representative; or

(b) the issue is resolved with the assistance of an inspector under section 89; or

(c) an inspector issues a prohibition notice in relation to the matter; or

(d) the commission decides or deals with the dispute under division 7A.