Two major reviews impacting the legislative expectations for safety management in Queensland have recently been released: the review of the Work Health and Safety Act 2011 (Qld), and the Government’s response to the review of Queensland’s Electrical Safety Act 2002.

At the start of the month there was the release of the Work Health and Safety Act 2011 (Qld) Review Report, completed by Craig Allen (former OIR DDG), Charles Massy (an IR Barrister) and Deirdre Swan (former QIRC Deputy President), and the Government’s response to the Review Report.

The Report generated 31 Recommendations (noting that some of these have multiple parts) which focus on considering HSRs, worker representation & issue resolution. All have been accepted or accepted in principle by the Queensland Government.

The recommendations will impact organisations to varying extents, but some have the potential to be significant, including:

  • the recommendations imposing obligations on the PCBU to provide information and inform the HSR of certain matters,
  • the recommendation for HSRs’ initial training to be completed in 28 days, followed by annual refreshers, and
  • the recommendation requiring the PCBU to notify of an incident which did not result in a serious injury or illness but had the capacity to do so.

It is understood that an Amendment Bill is expected to be introduced later this year.

Then mid-month came the release of the Government’s response to the Review of Queensland’s Electrical Safety Act 2002 (from the Report developed in December 2021).  The 2015-page Review Report includes 83 Recommendations ranging from administrative alignments, proposed adjustments to the legislative to addressing technological change and ensuring the relevance of key definitions (including clarification of incident definitions), strengthening the electrical safety duties, alignment to the WHS Legislation(including the status of codes of practice), 34 recommended enhancements to the electrical safety framework, enhancing competence and compliance, as well as some specific regulatory reforms.

There are a couple of interesting recommendations, such as:

  • Recommendations 1, 2 & 3 considering the impacts of new technologies: energy generation and storage technologies, electric vehicles & hydrogen-based electricity generation and storage technologies;
  • Recommendations 29 & 30 proposing the inclusion within the Act of provisions equivalent to Health and Safety Representatives (HSR) and Work Health and Safety Officers (WHSO) found in the Work Health and Safety Act 2011 & implementing a requirement for consultation between duty holders;
  • Recommendation 34 introducing a CPD requirements for all electrical licence holders.
  • A number of the Recommendations talk to amendments to the definitions, notification and reporting requirements for Serious Electrical Incident and Dangerous Electrical Event; and
  • Recommendations 67 & 68 considering the introduction of a requirement for de-energisation prior to work near energised parts of an electrical installation, and working in roof spaces.

There are probably others that may be more interesting or relevant to your particular organisational context, so it’s suggested that the Review Report is worthy of a peruse.

The process now heads to a ‘Discussion Paper’ phase with consultation closing on 27 June 2023.

Please contact QRMC for more information.