Queensland Strengthens Worker Protection with New WHS Legislation

Queensland has implemented sweeping changes to its work health and safety framework through the Work Health and Safety and Other Legislation Amendment Act 2024, marking one of the most significant updates to workplace safety legislation in recent years. The reforms, which began taking effect earlier this year, represent a direct response to recommendations from both the 2022 Review of Queensland's Work Health and Safety Act and the national 2018 Boland Review.

The most immediate change has been the prohibition of insurance arrangements that allow businesses to avoid responsibility for WHS penalties. This groundbreaking provision recognises that allowing companies to insure against safety fines fundamentally undermines the deterrent effect of monetary penalties. The legislation acknowledges that when businesses can simply pass the cost of safety violations to insurance providers, the financial incentive to maintain safe workplaces disappears entirely.

Looking ahead to July 29, 2025, another critical provision will take effect requiring employers to provide comprehensive audiometric testing for workers exposed to noise hazards. This requirement specifically targets employees who must use personal protective equipment due to noise levels exceeding established exposure standards. Under the new rules, employers must arrange hearing tests within three months of a worker commencing employment, with follow-up testing required throughout their tenure. The legislation imposes substantial penalties of up to $6,000 for non-compliance, reflecting the serious long-term health consequences of workplace hearing damage.

The reforms also significantly strengthen worker representation by expanding the role and authority of Health and Safety Representatives (HSRs). New provisions enable HSRs and elected health representatives to request detailed information from regulators when improvement, prohibition, or non-disturbance notices are issued. This enhanced access to information empowers worker representatives to better understand workplace hazards and hold employers accountable for safety improvements.

Workplace Health and Safety Queensland has been actively preparing comprehensive guidance materials to help employers navigate these changes. The agency has developed new factsheets specifically designed to assist employers in notifying employees about health and safety representative elections. These resources work in conjunction with Queensland's updated Worker Representation and Participation Guide, ensuring that both employers and workers understand their rights and obligations under the enhanced framework.

The legislation has also updated the Work Health and Safety Consultation, Co-operation and Co-ordination Code of Practice, providing clearer guidance on how workplaces should engage with safety requirements. Industry experts note that these changes reflect a broader shift toward more collaborative approaches to workplace safety, where worker input is not just encouraged but mandated through formal processes.

For Queensland businesses, these changes require immediate attention to compliance systems and long-term strategic planning around safety investments. The prohibition on insurance coverage for penalties means that safety violations now carry direct financial consequences that cannot be transferred to third parties. Meanwhile, the upcoming audiometric testing requirements will require many employers to establish new relationships with occupational health providers and implement systematic hearing conservation programs.

The reforms position Queensland as a leader in workplace safety innovation, setting precedents that other Australian jurisdictions are likely to follow as the national focus on worker protection continues to intensify.

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Queensland Strengthens Worker Protection with New WHS Legislation - - June 2025