As a follow up to our alert on the introduction of the Work Health and Safety and Other Legislation Amendment Bill 2015 (the Bill) earlier this year, we wanted to advise that the Bill was passed by the Queensland Parliament on 14 October 2015.
Most importantly, the Bill—introduced by the Palaszcuk Government as part of its election promise—restores immediate entry powers for work health and safety (WHS) permit holders to workplaces in the event of suspected safety breaches. This reverses the previous Government's amendments to the Work Health and Safety Act 2011 (Qld).
The date of commencement is to be determined after proclamation.
Changes
In addition to restoring the immediate right of entry provisions, further changes include:
- restoring the right of health and safety representatives (HSR) to direct workers to cease unsafe work
- re-instating the Electrical Safety Commissioner, Electrical Safety Education Committee and Electrical Equipment Committee, and
- decreasing the maximum penalty applicable for the contravention of WHS permit entry requirements—the maximum penalty for a WHS permit holder will be decreased from 200 penalty units ($20,000) to 100 penalty units ($10,000).
Implications for employers
These amendments to the right of entry provisions may result in an increased union presence in the workplace, as permit holders once again have the freedom to visit workplaces without having to meet the restrictive notice requirements that had previously been introduced.
Click here to view the Bill.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
