New Legislation to Enhance Worker Safety in Queensland

The following is an abridgement of an article originally appearing on the WorkSafe QLD website.

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The Work Health and Safety and Other Legislation Amendment Act 2024 (WHSOLA Act) has introduced significant changes aimed at strengthening worker protection and representation in Queensland.

Key Focus Areas:

• Strengthening worker protection
• Encouraging the uptake of Health and Safety Representatives (HSRs)

One of the major changes is the prohibition on using insurance to cover fines for breaches of work health and safety laws. This change is crucial because allowing businesses to insure against fines undermines the deterrent effect of monetary penalties.

Details:

• Entering into an arrangement: It is an offence to enter into a contract or arrangement that insures against monetary penalties under the WHS Act or SRWA Act. Violators face a maximum penalty of 500 penalty units.
• Providing an arrangement: It is also an offence to provide such an insurance contract. The same penalty applies.
• Taking benefit from an arrangement: It is illegal to benefit from an insurance arrangement covering these fines, with a penalty of up to 500 penalty units.

Application to Corporate Entities: If a body corporate commits any of these offences, its officers may also be prosecuted if they authorised, permitted, or were knowingly concerned in the conduct constituting the offence. Officers can be prosecuted independently of the corporate entity.

Compliance Timeline

• By 28 September 2024: All persons must not enter into or provide insurance arrangements that cover penalties.
• By 28 September 2025: It will be illegal to take the benefit of such insurance arrangements.

Support for Employers

To help employers navigate these changes, WHSQ is preparing detailed guidance materials. Employers are encouraged to stay updated by:

• Visiting the WHSQ website
• Subscribing to eNEWS
• Following WHSQ on social media

Additionally, employers can access a pre-recorded webinar, a timeline of changes, and a stakeholder communication kit for further information.