Queensland to scrap automatic entry rights for WHS permit holders

Government to reinstate 24-hour notice period for WHS permit holders

Queensland to scrap automatic entry rights for WHS permit holders

The Queensland government is stripping Workplace Health and Safety (WHS) permit holders of their automatic right of entry under a new WHS legislation aimed at improving site productivity and restoring balance to industrial relations.

The change, outlined in the Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment Bill 2024, seeks to require WHS permit holders to provide at least 24 hours' notice before exercising their right of entry to a workplace.

Under the new rules, automatic right of entry will no longer apply unless there is an immediate or imminent risk to the health and safety of workers. The 24-hour notice period is designed to ensure management and safety specialists are available to address concerns when WHS permit holders arrive on site.

"Reintroducing the requirement to provide at least 24 hours' notice will provide a circuit breaker to recent tensions we've observed regarding entry and will provide employers with sufficient time to respond to WHS entry permit holders on issues that they may raise," said Jarrod Bleijie, Minister for Industrial Relations, in a statement.

The amendments align with the Commonwealth Fair Work Act 2009, which also requires permit holders to give at least 24 hours' notice before exercising their entry rights.

Queensland's industrial reforms

Meanwhile, the Queensland Government has also announced that it will no longer proceed with earlier changes under the Electrical Safety and Other Legislation Amendment Act 2024 following concerns from industry representatives about safeguarding privacy in workplaces.

The changes would have allowed WHS representatives to take photos, videos, measurements, and conduct tests at workplaces.

According to the state government, it will focus on addressing gaps in the work health and safety framework, specifically concerning work-related violence and aggression, including physical and sexual assault. This will ensure such incidents are reported to the WHS Regulator, with serious events being triaged for inspectorate responses.