New laws seek to boost work health and safety outcomes
The Queensland government is now prohibiting employers from taking out insurance to cover fines and penalties for work health and safety (WHS) breaches.
The ban is part of a new law passed by the government on Wednesday, which aims to underscore the role of fines and penalties in deterring and reoffending WHS breaches.
"Fines and penalties are a critical deterrence measure, and the new laws mean no one can be insured against the payment of penalties; the only way to avoid paying is to take safety seriously," said Industrial Relations Minister Grace Grace in a statement.
Empowering HSRs for workplace safety
Under the newly passed legislations, the government is also clarifying the authority of health and safety representatives (HSRs) when directing businesses to cease unsafe work.
The law allows HSRs to cease work if they have "reasonable concern" that the task would expose the employee's health or safety to serious risk.
While protocol states that consultation should be held first, the law notes that HSRs may skip consultation if the risk is "so serious and immediate or imminent" that it is not reasonable to carry out consultations first.
The legislation also grants HSRs the right to choose their own training provider and be fully remunerated for attending training.
Other work health and safety changes
Meanwhile, other changes include extended rights of entry permit holders, streamlined dispute resolution processes, and clarified rules on representation for employees and employers.
The law will also move some matters from the Magistrates Court to the Queensland Industrial Relations Commission to improve the efficiencies of court proceedings.
"Our laws will continue to ensure that our workers are coming home safe by ensuring that HSRs and entry permit holders are informed and empowered to perform their roles, that workers and businesses are engaging in consultation, and that issues are being resolved with certainty and in timely fashion," Grace said.
The new laws implement the 33 sub-recommendations made by the Review of Queensland's Work Health and Safety Act 2011 (WHS Act Review Report) and eight recommendations from the 2018 Review of the Model Work Health and Safety Laws.
"We are continuing to implement the remaining recommendations from the WHS Act Review, with further legislative changes anticipated this year," Grace said.
