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Queensland
WORKPLACE HEALTH AND
SAFETY AND ANOTHER ACT
AMENDMENT BILL 2002
Queensland
WORKPLACE HEALTH AND SAFETY
AND ANOTHER ACT AMENDMENT
BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF WORKPLACE HEALTH AND
SAFETY ACT 1995
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 10 (Who is an "employer"?) . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 11 (Who is a "worker" and who is not?) . . . . . . . . . . . . . . 7
6 Replacement of s 12 (Who is a "self-employed person"?) . . . . . . . . . . . . . . 7
12 Who is a "self-employed person"? . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Insertion of new s 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13A What is "construction work"? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 14 (What is a "construction workplace"?). . . . . . . . . . . . . 8
9 Insertion of new pt 1, div 4, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Subdivision 3--Persons in control of relevant workplace areas and
fixtures, fittings and plant in relevant workplace areas
15A Meaning of "relevant workplace area" . . . . . . . . . . . . . . . . . . . . . . . 8
15B Meaning of "person in control" of relevant workplace area . . . . . . . 9
15C Meaning of "person in control" of fixtures, fittings or plant . . . . . . . 9
10 Amendment of s 23 (Obligations for workplace health and safety) . . . . . . . 9
11 Amendment of s 24 (Discharge of obligations) . . . . . . . . . . . . . . . . . . . . . . 10
12 Amendment of s 24A (Charges for offences against s 24) . . . . . . . . . . . . . . 10
13 Replacement of ss 2829. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Workplace Health and Safety and Another Act
Amendment Bill 2002
28 Obligations of employers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
29 Obligations of self-employed persons . . . . . . . . . . . . . . . . . . . . . . . . 11
29A Obligations of persons conducting business or undertaking . . . . . . . 12
29B What obligations under ss 2829A may include . . . . . . . . . . . . . . . . 12
14 Replacement of s 32 (Obligations of designers, manufacturers, importers
and suppliers of plant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
32 Obligations of designers of plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
32A Obligations of manufacturers of plant . . . . . . . . . . . . . . . . . . . . . . . . 13
32B Obligations of suppliers of plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Amendment of s 33 (Obligations of erectors and installers of plant or
specified high risk plant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Replacement of s 34 (Obligations of manufacturers, importers and
suppliers of substances for use at workplaces) . . . . . . . . . . . . . . . . . . . . . . . 15
34 Obligations of manufacturers of substances for use at workplace. . . 15
34A Obligations of suppliers of substances for use at workplace . . . . . . . 15
34B Obligation of designer of building or other structure used as a
workplace ........................................... 16
34C Obligation of person in control of relevant workplace area. . . . . . . . 17
34D Obligation of person in control of fixtures, fittings or plant included
in relevant workplace area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
17 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 5--ENFORCEABLE UNDERTAKINGS
42D Meaning of "workplace health and safety undertaking" . . . . . . . . . . 18
42E Acceptance and publication of workplace health and safety
undertaking ........................................ 18
42F Proceeding for alleged contravention . . . . . . . . . . . . . . . . . . . . . . . . 19
42G Compliance with undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
42H Withdrawal or variation of undertaking . . . . . . . . . . . . . . . . . . . . . . . 19
42I Contravention of workplace health and safety undertaking. . . . . . . . 19
18 Amendment of s 70 (Negotiation between workers and employer about
workplace health and safety representatives) . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Amendment of s 78 (Employer to tell workplace health and safety
representative about certain things). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20 Amendment of s 81 (Entitlements of workplace health and safety
representatives) ............................................ 21
3
Workplace Health and Safety and Another Act
Amendment Bill 2002
21 Amendment of s 90 (Functions of workplace health and safety committees) 21
22 Amendment of s 96 (Functions of workplace health and safety officers) . . . 22
23 Insertion of new s 96A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
96A Assessment function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Amendment of s 97 (Employer and principal contractor to help workplace
health and safety officer etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Amendment of s 104 (Entry to places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Amendment of s 108 (General powers after entering places) . . . . . . . . . . . . 24
27 Insertion of new s 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
121 Power to inquire into workplace incident . . . . . . . . . . . . . . . . . . . . . 25
28 Insertion of new pt 11, div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 1A--Interpretation
147A Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Amendment of s 148 (Application for review) . . . . . . . . . . . . . . . . . . . . . . . 26
30 Amendment of pt 13 (Offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Insertion of new s 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
174 Discrimination or victimisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Insertion of new s 184A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
184A Appointment of principal contractors . . . . . . . . . . . . . . . . . . . . . . . . 27
33 Amendment of s 185 (Powers of chief executive). . . . . . . . . . . . . . . . . . . . . 28
34 Amendment of pt 17 (Transitional provisions) . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3--Transitional provisions for Workplace Health and Safety and
Another Act Amendment Act 2002
191 Designing building or other structure . . . . . . . . . . . . . . . . . . . . . . . . 29
35 Omission of sch 1 (List of offences and penalties) . . . . . . . . . . . . . . . . . . . . 29
36 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 3--AMENDMENT OF ELECTRICAL SAFETY ACT 2002
37 Act amended in schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 34
AMENDMENT OF ELECTRICAL SAFETY ACT 2002
2002
A BILL
FOR
An Act to amend the Workplace Health and Safety Act 1995, and for
other purposes
s1 6 s4
Workplace Health and Safety and Another Act
Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Workplace Health and Safety and Another 4
Act Amendment Act 2002. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF WORKPLACE HEALTH 8
AND SAFETY ACT 1995 9
3 Act amended in pt 2
Clause 10
This part amends the Workplace Health and Safety Act 1995. 11
4 Amendment of s 10 (Who is an "employer"?)
Clause 12
Section 10(1) and (2)-- 13
omit, insert-- 14
`(1) A person is an "employer" if-- 15
(a) the person conducts a business or undertaking for gain or reward; 16
and 17
(b) in the conduct of the business or undertaking, the person engages 18
someone else to do work, other than under a contract for 19
services, for or at the direction of the person. 20
s5 7 s7
Workplace Health and Safety and Another Act
Amendment Bill 2002
`(2) For subsection (1)(b), a person engages someone else to do work 1
whether the person engaged works for gain or reward or on a voluntary 2
basis.'. 3
5 Amendment of s 11 (Who is a "worker" and who is not?)
Clause 4
(1) Section 11, heading, `and who is not'-- 5
omit. 6
(2) Section 11(1), `contract for service'-- 7
omit, insert-- 8
`contract for services'. 9
(3) Section 11(3)-- 10
omit. 11
6 Replacement of s 12 (Who is a "self-employed person"?)
Clause 12
Section 12-- 13
omit, insert-- 14
`12 Who is a "self-employed person"? 15
`A person is a "self-employed person" if-- 16
(a) the person conducts a business or undertaking for gain or reward; 17
and 18
(b) in the conduct of the business or undertaking, the person is not an 19
employer or worker.'. 20
7 Insertion of new s 13A
Clause 21
After section 13-- 22
insert-- 23
`13A What is "construction work"? 24
`Work is "construction work" if it is-- 25
(a) building work; or 26
s8 8 s9
Workplace Health and Safety and Another Act
Amendment Bill 2002
(b) civil construction work; or 1
(c) demolition work.'. 2
8 Amendment of s 14 (What is a "construction workplace"?)
Clause 3
(1) Section 14(1)-- 4
omit, insert-- 5
`(1) A "construction workplace" is a workplace where construction 6
work is done, but only to the extent the construction work is-- 7
(a) building work or civil construction work for which the estimated 8
final price at practical completion is, after discounting for any 9
GST payable in relation to the supply of the work, more than 10
$80 000; or 11
(b) demolition work.'. 12
(2) Section 14(2), before `construction work'-- 13
insert-- 14
`the'. 15
(3) Section 14(4)-- 16
omit. 17
9 Insertion of new pt 1, div 4, sdiv 3
Clause 18
Part 1, division 4-- 19
insert-- 20
`Subdivision 3--Persons in control of relevant workplace areas and 21
fixtures, fittings and plant in relevant workplace areas 22
`15A Meaning of "relevant workplace area" 23
`A "relevant workplace area" is-- 24
(a) any building or other structure, or a part of a building or other 25
structure, used as a workplace; and 26
s 10 9 s 10
Workplace Health and Safety and Another Act
Amendment Bill 2002
(b) any area adjacent to the building or other structure or part 1
associated with the use of the building or other structure or part 2
as a workplace. 3
4
Examples of areas that could be adjacent to a building or other structure or
5
part and associated with its use as a workplace--
6
1. Shopping centre car park.
7
2. Common area in a shopping centre.
8
3. Hotel beer garden.
9
4. Outside play area for a child care centre.
`15B Meaning of "person in control" of relevant workplace area 10
`(1) The "person in control", of a relevant workplace area, is the person 11
who is the owner of the relevant workplace area. 12
`(2) However, if there is in place a lease, contract or other arrangement 13
that provides, or has the effect of providing, for another person to have 14
effective and sustained control of the relevant workplace area, the other 15
person, and not the owner, is the "person in control" of the relevant 16
workplace area. 17
`15C Meaning of "person in control" of fixtures, fittings or plant 18
`(1) The "person in control", of fixtures, fittings or plant included in a 19
relevant workplace area, is the person who is the owner of the relevant 20
workplace area. 21
`(2) However, if there is in place a contract or other arrangement that 22
provides, or has the effect of providing, for another person to have effective 23
and sustained control of the fixtures, fittings or plant, the other person, and 24
not the owner of the relevant workplace area, is the "person in control" of 25
the fixtures, fittings or plant.'. 26
10 Amendment of s 23 (Obligations for workplace health and safety)
Clause 27
(1) Section 23(1), after the second entry in the list of persons-- 28
insert-- 29
`· persons who conduct a business or undertaking, whether or not 30
as an employer or self-employed person'. 31
s 11 10 s 12
Workplace Health and Safety and Another Act
Amendment Bill 2002
(2) Section 23(1), `, importers'-- 1
omit. 2
(3) Section 23(1), after the second last entry in the list of persons-- 3
insert-- 4
`· designers of buildings or other structures to be used as 5
workplaces 6
· persons in control of relevant workplace areas 7
· persons in control of fixtures, fittings or plant included in relevant 8
workplace areas'. 9
11 Amendment of s 24 (Discharge of obligations)
Clause 10
Section 24(1), penalty-- 11
omit, insert-- 12
`Maximum penalty-- 13
(a) if the breach causes multiple deaths--2 000 penalty units or 14
3 years imprisonment; or 15
(b) if the breach causes death or grievous bodily 16
harm--1 000 penalty units or 2 years imprisonment; or 17
(c) if the breach causes bodily harm--750 penalty units or 1 year's 18
imprisonment; or 19
(d) if the breach involves exposure to a substance likely to cause 20
death or grievous bodily harm--750 penalty units or 1 year's 21
imprisonment; or 22
(e) otherwise--500 penalty units or 6 months imprisonment.'. 23
12 Amendment of s 24A (Charges for offences against s 24)
Clause 24
(1) Section 24A(1), `section 28(1), 28(2) or 29'-- 25
omit, insert-- 26
`section 28, 29 or 29A'. 27
(2) Section 24A(2), `as employer or self-employed person'-- 28
omit, insert-- 29
s 13 11 s 13
Workplace Health and Safety and Another Act
Amendment Bill 2002
`as an employer, as a self-employed person or as a relevant person under 1
section 29A'. 2
(3) Section 24A(3), `either as employer or self-employed person'-- 3
omit, insert-- 4
`either as an employer or as a self-employed person or as a relevant 5
person under section 29A'. 6
(4) Section 24A(4)(a), (b) and (c)-- 7
omit, insert-- 8
`(a) section 28; 9
(b) section 29; 10
(c) section 29A.'. 11
13 Replacement of ss 2829
Clause 12
Sections 28 and 29-- 13
omit, insert-- 14
`28 Obligations of employers 15
`(1) An employer has an obligation to ensure the workplace health and 16
safety of each of the employer's workers in the conduct of the employer's 17
business or undertaking. 18
`(2) An employer has an obligation to ensure the employer's own 19
workplace health and safety in the conduct of the employer's business or 20
undertaking. 21
`(3) An employer has an obligation to ensure other persons are not 22
exposed to risks to their health and safety arising out of the conduct of the 23
employer's business or undertaking. 24
`29 Obligations of self-employed persons 25
`(1) A self-employed person has an obligation to ensure the 26
self-employed person's own workplace health and safety in the conduct of 27
the self-employed person's business or undertaking. 28
s 13 12 s 13
Workplace Health and Safety and Another Act
Amendment Bill 2002
`(2) A self-employed person has an obligation to ensure other persons 1
are not exposed to risks to their health and safety arising out of the conduct 2
of the self-employed person's business or undertaking. 3
`29A Obligations of persons conducting business or undertaking 4
`(1) A person (the "relevant person") who conducts a business or 5
undertaking has an obligation to ensure the workplace health and safety of 6
each person who performs a work activity for the purposes of the business 7
or undertaking. 8
`(2) The obligation applies-- 9
(a) whether or not the relevant person conducts the business or 10
undertaking as an employer or self-employed person; and 11
(b) whether or not the business or undertaking is conducted for gain 12
or reward; and 13
(c) whether or not a person who performs a work activity for the 14
purposes of the business or undertaking works on a voluntary 15
basis. 16
17
Example of obligation under this section--
18
A person who conducts a business or undertaking contracts with a supplier of labour to
19
obtain the services of the supplier's employees to perform a work activity for the
20
purposes of the business or undertaking. As well as any obligation the person may have
21
under section 28 to ensure the workplace health and safety of the person's own
22
employees, if any, the person also has, under this section, an obligation to ensure the
23
workplace health and safety of the labour hire employees while they are performing the
24
work activity.
`29B What obligations under ss 2829A may include 25
`Without limiting sections 28 to 29A (the "relevant sections"), an 26
obligation under a relevant section may, having regard to the circumstances 27
of any particular case, include 1 or more of the following-- 28
(a) identifying hazards, assessing risks that may result because of the 29
hazards, deciding on control measures to prevent, or minimise 30
the level of, the risks, implementing control measures and 31
monitoring and reviewing the effectiveness of the measures; 32
(b) providing and maintaining a safe and healthy work environment; 33
(c) providing and maintaining safe plant; 34
s 14 13 s 14
Workplace Health and Safety and Another Act
Amendment Bill 2002
(d) ensuring the safe use, handling, storage and transport of 1
substances; 2
(e) ensuring safe systems of work; 3
(f) providing information, instruction, training and supervision to 4
ensure health and safety.'. 5
14 Replacement of s 32 (Obligations of designers, manufacturers,
Clause 6
importers and suppliers of plant) 7
Section 32-- 8
omit, insert-- 9
`32 Obligations of designers of plant 10
`(1) A designer of plant for use at a relevant place for the plant has an 11
obligation to ensure that-- 12
(a) the plant is designed to be safe and without risk to health when 13
used properly; and 14
(b) if the designer gives the design to another entity that is to give 15
effect to the design, the design is accompanied by information 16
about the way the plant must be used to ensure health and safety. 17
`(2) Also, a designer of plant for use at a relevant place for the plant has 18
an obligation to take the action the chief executive reasonably requires to 19
prevent the use of unsafe plant anywhere. 20
`32A Obligations of manufacturers of plant 21
`(1) A manufacturer of plant for use at a relevant place for the plant has 22
an obligation to ensure that-- 23
(a) the plant is manufactured to be safe and without risk to health 24
when used properly; and 25
(b) the plant, when manufactured, is tested and examined to ensure it 26
has been manufactured to be safe and without risk to health when 27
used properly; and 28
(c) the plant, when supplied to another person, is accompanied by 29
information about the way the plant must be used to ensure 30
health and safety. 31
s 14 14 s 14
Workplace Health and Safety and Another Act
Amendment Bill 2002
`(2) Also, a manufacturer of plant for use at a relevant place for the plant 1
has an obligation to take the action the chief executive reasonably requires 2
to prevent the use of unsafe plant anywhere. 3
`32B Obligations of suppliers of plant 4
`(1) A supplier of new plant for use at a relevant place for the plant has 5
an obligation-- 6
(a) either-- 7
(i) to examine and test the plant to ensure the plant is safe and 8
without risk to health when used properly; or 9
(ii) to ensure the manufacturer of the plant has given an 10
assurance that the plant has been examined and tested to 11
ensure it is safe and without risk to health when used 12
properly; and 13
(b) to ensure the plant is accompanied by information about the way 14
the plant must be used to ensure health and safety. 15
`(2) A supplier of used plant for use at a relevant place for the plant has 16
an obligation-- 17
(a) to take all reasonable steps to ensure the plant is safe and without 18
risk to health when used properly; and 19
20
Example of reasonable steps a supplier of used plant might take--
21
A reasonable step for a supplier to take might be to examine and test the
22
plant to establish that it will be safe and without risk to health when used
23
properly.
(b) to ensure the plant is accompanied by information about the way 24
the plant must be used to ensure health and safety, if the 25
information is available. 26
`(3) Also, a supplier of plant for use at a relevant place for the plant has 27
an obligation to take the action the chief executive reasonably requires to 28
prevent the use of unsafe plant anywhere. 29
`(4) Despite subsections (1)(b) and (2)(b), if the supplier is supplying 30
plant by hiring it to another person, the supplier is obliged only to have the 31
information available at the point of hire. 32
s 15 15 s 16
Workplace Health and Safety and Another Act
Amendment Bill 2002
`(5) In this section-- 1
"supplier" does not include a manufacturer when supplying, but does 2
include an importer when supplying.'. 3
15 Amendment of s 33 (Obligations of erectors and installers of plant
Clause 4
or specified high risk plant) 5
(1) Section 33, heading, `or specified high risk plant'-- 6
omit. 7
(2) Section 33, `or specified high risk plant at a relevant place'-- 8
omit, insert-- 9
`at a relevant place for the plant'. 10
16 Replacement of s 34 (Obligations of manufacturers, importers
Clause 11
and suppliers of substances for use at workplaces) 12
Section 34-- 13
omit, insert-- 14
`34 Obligations of manufacturers of substances for use at workplace 15
`(1) A manufacturer of a substance for use at a workplace has an 16
obligation to ensure that-- 17
(a) the substance is safe and without risk to health when used 18
properly; and 19
(b) the substance is tested and examined to ensure it is safe and 20
without risk to health when used properly; and 21
(c) the substance, when supplied to another person, is accompanied 22
by relevant information for the substance. 23
`(2) Also, a manufacturer of a substance for use at a workplace has an 24
obligation to take the action the chief executive reasonably requires to 25
prevent the use of an unsafe substance at a workplace. 26
`34A Obligations of suppliers of substances for use at workplace 27
`(1) A supplier of a substance for use at a workplace has an obligation 28
to-- 29
s 16 16 s 16
Workplace Health and Safety and Another Act
Amendment Bill 2002
(a) take all reasonable steps to ensure the substance is safe and 1
without risk to health when used properly; and 2
(b) to ensure the substance is accompanied by relevant information 3
for the substance. 4
`(2) Also, a supplier of a substance for use at a workplace has an 5
obligation to take the action the chief executive reasonably requires to 6
prevent the use of an unsafe substance at a workplace. 7
`(3) In this section-- 8
"supplier" does not include a manufacturer when supplying, but does 9
include an importer when supplying. 10
`34B Obligation of designer of building or other structure used as a 11
workplace 12
`(1) A person (the "designer") who designs a building or other structure, 13
or a part of a building or other structure, intended to be used as a workplace 14
has an obligation to ensure that, when the building or other structure or part 15
has been constructed and is being used as a workplace and for the purpose 16
for which it was designed, relevant persons for the building or other 17
structure or part will not be exposed to risk to their health or safety arising 18
out of the design of the building or other structure or part. 19
20
Examples of matters that might be considered in discharging a building designer's
21
obligation under this section--
22
1. Availability of anchorage points for window cleaners.
23
2. Adequacy of ventilation.
24
3. Adequacy of lighting in plant rooms.
25
4. Ease of access to the building for maintenance purposes.
26
5. Provision for maintenance and servicing of airconditioning units.
`(2) For deciding, after the building or other structure or part has been 27
designed, whether the designer discharged the designer's workplace health 28
and safety obligation under subsection (1), regard must be had to the 29
standards of design prevailing when the designer designed the building or 30
other structure or part. 31
`(3) The designer's obligation under subsection (1) applies only to the 32
extent that the content of the design of the building or other structure or 33
part falls under the control of the designer. 34
s 17 17 s 17
Workplace Health and Safety and Another Act
Amendment Bill 2002
`(4) In this section-- 1
"relevant persons", for a building or other structure, or a part of a building 2
or other structure, means the persons for whom the building or other 3
structure or part is a workplace, including persons who maintain or 4
repair-- 5
(a) the building or other structure or part; or 6
(b) fixtures, fittings or plant included in the building or other 7
structure or part. 8
"workplace" does not include a workplace to the extent it is also domestic 9
premises. 10
`34C Obligation of person in control of relevant workplace area 11
`(1) The person in control of a relevant workplace area has an obligation 12
to ensure the relevant workplace area is safe and without risk to health. 13
`(2) This section does not apply to a relevant workplace area to the extent 14
that the relevant workplace area is also the domestic premises of the person 15
in control of the relevant workplace area. 16
`34D Obligation of person in control of fixtures, fittings or plant 17
included in relevant workplace area 18
`(1) The person in control of fixtures, fittings or plant included in a 19
relevant workplace area has an obligation to ensure the fixtures, fittings or 20
plant are safe and without risk to health. 21
`(2) This section does not apply to a relevant workplace area to the extent 22
that the relevant workplace area is also the domestic premises of the person 23
in control of the relevant workplace area.'. 24
17 Insertion of new pt 5
Clause 25
After section 42C-- 26
insert-- 27
s 17 18 s 17
Workplace Health and Safety and Another Act
Amendment Bill 2002
`PART 5--ENFORCEABLE UNDERTAKINGS 1
`42D Meaning of "workplace health and safety undertaking" 2
`A "workplace health and safety undertaking" is a written 3
undertaking made by a person (the "identified person" for the 4
undertaking) that-- 5
(a) recognises that the chief executive alleges (the "alleged 6
contravention" for the undertaking) that the identified person 7
has contravened-- 8
(i) section 24(1);1 or 9
(ii) section 167, because of a corporation's contravention of
2
10
section 24(1); and 11
(b) identifies facts and circumstances of the alleged contravention; 12
and 13
(c) includes an assurance from the identified person about the 14
identified person's future behaviour. 15
`42E Acceptance and publication of workplace health and safety 16
undertaking 17
`(1) The chief executive may, by written notice given to the identified 18
person for a workplace health and safety undertaking, accept the workplace 19
health and safety undertaking. 20
`(2) When the chief executive accepts the workplace health and safety 21
undertaking, the undertaking-- 22
(a) starts operating; and 23
(b) becomes enforceable against the identified person. 24
`(3) The chief executive may publish details of the undertaking. 25
1 Section 24 (Discharge of obligations)
2 Section 167 (Executive officers must ensure corporation complies with Act)
s 17 19 s 17
Workplace Health and Safety and Another Act
Amendment Bill 2002
`42F Proceeding for alleged contravention 1
`(1) If a proceeding for the alleged contravention for the workplace 2
health and safety undertaking has been started before an industrial 3
magistrate against the identified person for the undertaking before the 4
undertaking starts operating, the chief executive must take the necessary 5
action to bring the proceeding to an end. 6
`(2) If a proceeding for the alleged contravention has not been started 7
before the undertaking starts operating, a proceeding for the alleged 8
contravention must not be started. 9
`42G Compliance with undertaking 10
`The identified person for an operating workplace health and safety 11
undertaking must not contravene the undertaking. 12
Maximum penalty--1 000 penalty units. 13
`42H Withdrawal or variation of undertaking 14
`(1) The identified person for an operating workplace health and safety 15
undertaking may at any time, with the agreement of the chief executive-- 16
(a) withdraw the undertaking; or 17
(b) change the provisions of the undertaking. 18
`(2) However, the provisions of the undertaking can not be changed to 19
provide for a different alleged contravention for the undertaking. 20
`42I Contravention of workplace health and safety undertaking 21
`(1) This section applies if the chief executive considers the identified 22
person for an operating workplace health and safety undertaking has 23
contravened the undertaking. 24
`(2) The chief executive may apply to the industrial court for an order 25
under this section. 26
`(3) If the court is satisfied the identified person has contravened the 27
undertaking, the court may make 1 or more of the following orders-- 28
(a) an order directing the identified person to comply with the 29
undertaking, or a stated aspect of the undertaking, or to comply 30
s 18 20 s 18
Workplace Health and Safety and Another Act
Amendment Bill 2002
with the undertaking, or a stated aspect of the undertaking, in a 1
stated way; 2
(b) an order directing the person to pay to the State an amount that is 3
not more than the direct or indirect financial benefit obtained by 4
the person from, and reasonably attributable to, the breach; 5
(c) an order directing the person to give a security bond to the State 6
for a stated period; 7
(d) another order the court considers appropriate in the 8
circumstances. 9
`(4) A prosecution for the offence of contravening the workplace health 10
and safety undertaking does not prevent the court from making an order 11
under this section on the chief executive's application, even though the 12
prosecution and the order are based on the same facts and circumstances. 13
`(5) The making of an order under this section, unless the order 14
otherwise provides, does not prevent a prosecution for the offence of 15
contravening the workplace health and safety undertaking, even though the 16
order and the prosecution are based on the same facts and circumstances.'. 17
18 Amendment of s 70 (Negotiation between workers and employer
Clause 18
about workplace health and safety representatives) 19
(1) Section 70(3), after `any doubt,'-- 20
insert-- 21
`it is declared that'. 22
(2) Section 70-- 23
insert-- 24
`(4) The Queensland Industrial Relations Commission may hear and 25
decide, as an industrial matter, an application by a person aggrieved by the 26
failure of a negotiation under subsection (1). 27
`(5) Subsection (4) must be read with the Industrial Relations Act 1999.'. 28
s 19 21 s 21
Workplace Health and Safety and Another Act
Amendment Bill 2002
19 Amendment of s 78 (Employer to tell workplace health and safety
Clause 1
representative about certain things) 2
Section 78(1)(a)-- 3
omit, insert-- 4
`(a) any workplace incident happening at the workplace;'. 5
20 Amendment of s 81 (Entitlements of workplace health and safety
Clause 6
representatives) 7
(1) Section 81(1)(b)-- 8
omit, insert-- 9
`(b) to be told by the representative's employer of any workplace 10
incident happening at the workplace; and'. 11
(2) Section 81(1)(d)-- 12
omit, insert-- 13
`(d) to review circumstances surrounding workplace incidents told to 14
the representative by the employer; and'. 15
(3) Section 81(1)-- 16
insert-- 17
`(o) to attend a training course prescribed under a regulation, and 18
refresher courses for the training course, and to have all 19
reasonable costs of the representative's attendance at the courses, 20
including course fees and the representative's usual 21
remuneration, met by the employer.'. 22
21 Amendment of s 90 (Functions of workplace health and safety
Clause 23
committees) 24
Section 90(3)(d)-- 25
omit, insert-- 26
`(d) reviewing the circumstances surrounding workplace incidents 27
referred to the committee for review; and'. 28
s 22 22 s 23
Workplace Health and Safety and Another Act
Amendment Bill 2002
22 Amendment of s 96 (Functions of workplace health and safety
Clause 1
officers) 2
(1) Section 96(e)-- 3
omit, insert-- 4
`(e) to investigate, or assist the investigation of, all workplace 5
incidents at the workplace;'. 6
(2) Section 96(g)-- 7
omit, insert-- 8
`(g) if any workplace incident or immediate risk to workplace health 9
and safety at the workplace happens--to report the incident or 10
risk to the employer or principal contractor;'. 11
23 Insertion of new s 96A
Clause 12
Part 8, division 5-- 13
insert-- 14
`96A Assessment function 15
`(1) A workplace health and safety officer has the function, at the 16
specified intervals for the workplace, of-- 17
(a) conducting an assessment at the workplace to identify any 18
hazards and unsafe or unsatisfactory workplace health and safety 19
conditions and practices; and 20
(b) complying with subsections (2) to (4) in relation to the 21
assessment. 22
`(2) In conducting the assessment, the workplace health and safety 23
officer must use-- 24
(a) if there is a workplace health and safety committee established at 25
the workplace-- 26
(i) workplace health and safety criteria approved by the chief 27
executive; or 28
(ii) workplace health and safety criteria agreed to by the 29
committee; or 30
(b) otherwise--workplace health and safety criteria approved by the 31
chief executive. 32
s 24 23 s 24
Workplace Health and Safety and Another Act
Amendment Bill 2002
`(3) The workplace health and safety officer must record-- 1
(a) the results of the assessment; and 2
(b) actions the officer recommends be taken to rectify hazards, and 3
unsafe or unsatisfactory workplace health and safety conditions 4
and practices, identified in the assessment. 5
`(4) The workplace health and safety officer must, within 30 days after 6
the assessment is completed, give a copy of the matters recorded under 7
subsection (3) to each of the following-- 8
(a) if there is a workplace health and safety committee established at 9
the workplace--the committee; 10
(b) the employer or principal contractor. 11
`(5) This section does not apply to a workplace if this Act does not 12
require the appointment of a workplace health and safety officer for the 13
workplace. 14
`(6) This section does not limit section 96. 15
`(7) In this section-- 16
"specified intervals", for a workplace, means-- 17
(a) if there is a workplace health and safety committee established at 18
the workplace--the intervals agreed between the officer and the 19
committee; or 20
(b) if there is no workplace health and safety committee established 21
at the workplace, or if there is a committee established, but the 22
officer and the committee can not agree--at least once every 23
12 months.'. 24
24 Amendment of s 97 (Employer and principal contractor to help
Clause 25
workplace health and safety officer etc.) 26
Section 97-- 27
insert-- 28
`(f) must allow the workplace health and safety officer to conduct 29
workplace inspections and assessments during normal working 30
hours; and 31
s 25 24 s 26
Workplace Health and Safety and Another Act
Amendment Bill 2002
(g) must provide resources to the workplace health and safety officer 1
to allow the officer to properly exercise the officer's functions 2
under this Act; and 3
(h) must take appropriate action to rectify any identified unsafe 4
workplace health and safety conditions and practices; and 5
(i) must take all reasonable steps to ensure the workplace health and 6
safety officer performs the officer's function under section 96A.'. 7
25 Amendment of s 104 (Entry to places)
Clause 8
(1) Section 104(1)(b), (c) and (d)-- 9
renumber as section 104(1)(c), (d) and (f) respectively. 10
(2) Section 104(1)-- 11
insert-- 12
`(b) the inspector reasonably suspects it is a workplace; or'. 13
(3) Section 104(1)(c) as renumbered, after `workplace'-- 14
insert-- 15
`or suspected workplace'. 16
(4) Section 104(1)-- 17
insert-- 18
`(e) specified high risk plant is situated at the place; or'. 19
(5) Section 104-- 20
insert-- 21
`(4) Subsection (1) does not authorise an inspector to enter, without 22
consent or a warrant, any part of domestic premises if the part is not also a 23
workplace or suspected workplace. 24
`(5) If an inspector enters a place under subsection (1)(b) and it is not a 25
workplace, the inspector must leave the place immediately.'. 26
26 Amendment of s 108 (General powers after entering places)
Clause 27
(1) Section 108-- 28
insert-- 29
s 27 25 s 27
Workplace Health and Safety and Another Act
Amendment Bill 2002
`(1A) However, this section does not apply to an inspector who enters a 1
place under section 104(1)(b) if the place is not a workplace.'. 2
(2) Section 108(6), examples, heading-- 3
omit, insert-- 4
`Examples of excuses that are not reasonable excuses as they are matters of mere 5
6
convenience--'.
(3) Section 108(6), examples as amended, relocate in section 108(4) 7
before the penalty. 8
(4) Section 108(6)-- 9
omit. 10
27 Insertion of new s 121
Clause 11
After section 120-- 12
insert-- 13
`121 Power to inquire into workplace incident 14
`(1) This section applies if an inspector becomes aware, or reasonably 15
suspects, that a workplace incident has happened. 16
`(2) The inspector may inquire into the circumstances and probable 17
causes of the incident. 18
`(3) The inspector may require a person who has knowledge, or whom 19
the inspector reasonably suspects to have knowledge, of the circumstances 20
of the incident to give the inspector reasonable help, as stated in the 21
requirement, to inquire under subsection (2). 22
`(4) A requirement under subsection (3) may be given orally or in 23
writing. 24
`(5) A person must comply with a requirement under subsection (3) 25
unless the person has a reasonable excuse for not complying. 26
Maximum penalty--10 penalty units. 27
`(6) If the requirement is to be complied with by the person giving 28
information, or producing a document, other than a document required to 29
be kept by the person under this Act, it is a reasonable excuse for the person 30
to fail to comply with the requirement if complying with the requirement 31
might tend to incriminate the person.'. 32
s 28 26 s 31
Workplace Health and Safety and Another Act
Amendment Bill 2002
28 Insertion of new pt 11, div 1A
Clause 1
Part 11, before division 1-- 2
insert-- 3
`Division 1A--Interpretation 4
`147A Definitions for pt 11 5
`In this part-- 6
"decision", of the chief executive, does not include a decision of the chief 7
executive under part 5.3 8
"original decision" means a decision of the chief executive or an 9
inspector.'. 10
29 Amendment of s 148 (Application for review)
Clause 11
Section 148, from `a decision' to `may apply'-- 12
omit, insert-- 13
`an original decision may apply'. 14
30 Amendment of pt 13 (Offences)
Clause 15
Part 13, division 1, and part 13, division 2, heading-- 16
omit. 17
31 Insertion of new s 174
Clause 18
After section 173-- 19
insert-- 20
`174 Discrimination or victimisation 21
`(1) An employer must not dismiss a worker, or otherwise act to the 22
detriment of a worker in the worker's employment, for the dominant or 23
substantial reason that the worker-- 24
3 Part 5 (Enforceable undertakings)
s 32 27 s 32
Workplace Health and Safety and Another Act
Amendment Bill 2002
(a) is, or has performed a function as, a workplace health and safety 1
representative, a workplace health and safety officer or a member 2
of a workplace health and safety committee; or 3
(b) has made a complaint about an issue, or in any other way has 4
raised an issue, concerning workers' exposure to the risk of 5
illness or injury; or 6
(c) has contacted or given help to an inspector. 7
Maximum penalty--40 penalty units. 8
9
Examples of acting to the detriment of a worker--
10
1. Demotion of the worker.
11
2. Unwarranted transfer of the worker.
12
3. Reducing the worker's terms and conditions of employment.
`(2) If an employer contravenes subsection (1) by dismissing a worker, 13
the worker is taken to have been unfairly dismissed under the Industrial 14
Relations Act 1999, chapter 3, part 2,4 and subject to that part, has the 15
remedies under that part.'. 16
32 Insertion of new s 184A
Clause 17
After section 184-- 18
insert-- 19
`184A Appointment of principal contractors 20
`(1) If the owner of a construction workplace appoints a person as a 21
principal contractor for the workplace, the owner must-- 22
(a) appoint the person by using the approved form; and 23
(b) as soon as practicable after the appointment is made, give a copy 24
of the appointment to the chief executive. 25
Maximum penalty--10 penalty units. 26
`(2) The owner of a construction workplace must ensure there is 27
only 1 principal contractor appointed for the workplace at any particular 28
time, unless the owner has the written approval of the chief executive to 29
appoint more than 1 principal contractor for the workplace. 30
4 Industrial Relations Act 1999, chapter 3 (Dismissals), part 2 (Unfair dismissals)
s 33 28 s 34
Workplace Health and Safety and Another Act
Amendment Bill 2002
Maximum penalty--10 penalty units. 1
`(3) If the owner of a construction workplace, without the chief 2
executive's written approval under subsection (2), has in place, or purports 3
to have in place, 2 or more principal contractors for the construction 4
workplace at the one time-- 5
(a) all principal contractor appointments for the workplace cease to 6
have effect; and 7
(b) the owner is, under this Act, the principal contractor for the 8
workplace until another principal contractor appointment is 9
made. 10
`(4) The ceasing to have effect of principal contractor appointments 11
because of subsection (3) does not affect an owner's liability for an offence 12
under subsection (2).'. 13
33 Amendment of s 185 (Powers of chief executive)
Clause 14
(1) Section 185(1), `, importer'-- 15
omit. 16
(2) Section 185(1)(a), `or specified high risk plant'-- 17
omit. 18
(3) Section 185(2)(a), `, importer'-- 19
omit. 20
34 Amendment of pt 17 (Transitional provisions)
Clause 21
(1) Part 17, `Division 2--Transitional matters'-- 22
omit. 23
(2) After section 190-- 24
insert-- 25
s 35 29 s 36
Workplace Health and Safety and Another Act
Amendment Bill 2002
`Division 3--Transitional provisions for Workplace Health and Safety 1
and Another Act Amendment Act 2002 2
`191 Designing building or other structure 3
`Section 34B5 does not apply to a person designing a building or other 4
structure, or a part of a building or other structure, if the designing-- 5
(a) happened before the commencement of this section; or 6
(b) happens within 1 year after the commencement of this section.'. 7
35 Omission of sch 1 (List of offences and penalties)
Clause 8
Schedule 1-- 9
omit. 10
36 Amendment of sch 3 (Dictionary)
Clause 11
(1) Schedule 3, definitions "dangerous event", "serious bodily 12
injury", "undertaking" and "work injury"-- 13
omit. 14
(2) Schedule 3-- 15
insert-- 16
` "alleged contravention", for a workplace health and safety undertaking, 17
see section 42D. 18
"construction work" see section 13A. 19
"dangerous event" means an event caused by specified high risk plant, or 20
an event at a workplace caused by a workplace activity, if the event 21
involves or could have involved exposure of persons to risk to their 22
health and safety because of-- 23
(a) collapse, overturning, failure or malfunction of, or damage to, an 24
item of specified high risk plant; or 25
5 Section 34B (Obligation of designer of building or other structure used as a
workplace)
s 36 30 s 36
Workplace Health and Safety and Another Act
Amendment Bill 2002
(b) collapse or failure of an excavation or of any shoring supporting 1
an excavation; or 2
(c) collapse or partial collapse of any part of a building or other 3
structure; or 4
(d) damage to any load bearing member of, or the failure of any 5
brake, steering device or other control device of, a crane, hoist, 6
conveyor, lift or escalator; or 7
(e) implosion, explosion or fire; or 8
(f) escape, spillage or leakage of any substance, including any 9
hazardous material or dangerous goods; or 10
(g) fall or release from a height of any plant, substance or object; or 11
(h) damage to a boiler, pressure vessel or refrigeration plant; or 12
(i) uncontrolled explosion, fire or escape of gas or steam. 13
"dangerous goods" see Dangerous Goods Safety Management Act 2001, 14
section 9.6 15
"decision", for part 11, see section 147A. 16
"hazardous material" see Dangerous Goods Safety Management Act 17
2001, section 12.7 18
"identified person", for a workplace health and safety undertaking, see 19
section 42D. 20
6 Dangerous Goods Safety Management Act 2001, section 9--
9 Meaning of "dangerous goods"
Goods are "dangerous goods" if they are defined under the ADG Code as--
(a) dangerous goods; or
(b) goods too dangerous to be transported.
7 Dangerous Goods Safety Management Act 2001, section 12--
12 Meaning of "hazardous material"
(1) A "hazardous material" is a substance with potential to cause harm to
persons, property or the environment because of 1 or more of the following--
(a) the chemical properties of the substance;
(b) the physical properties of the substance;
(c) the biological properties of the substance.
(2) Without limiting subsection (1), all dangerous goods, combustible liquids and
chemicals are hazardous materials.
s 36 31 s 36
Workplace Health and Safety and Another Act
Amendment Bill 2002
"included in", in relation to fixtures, fittings or plant, includes contained 1
in, attached to or forming part of. 2
"original decision", for part 11, see section 147A. 3
"person in control"-- 4
(a) of a relevant workplace area--see section 15B; or 5
(b) of fixtures, fittings or plant included in a relevant workplace 6
area--see section 15C. 7
"reasonable excuse" does not include a matter of mere convenience. 8
"relevant information", for a substance, means information that clearly 9
identifies the substance, and that states the following-- 10
(a) any precautions that must be taken for the safe use of the 11
substance; 12
(b) any health hazards associated with the substance; 13
(c) the results of any tests carried out for the substance that are 14
relevant to its safe use. 15
"relevant workplace area" see section 15A. 16
"serious bodily injury" means an injury to a person that causes-- 17
(a) the injured person's death; or 18
(b) the loss of a distinct part or an organ of the injured person's 19
body; or 20
(c) the injured person to be absent from the person's voluntary or 21
paid employment for more than 4 days. 22
"work injury" means-- 23
(a) an injury to a person that requires first aid or medical treatment if 24
the injury was caused by work, a workplace, a workplace activity 25
or specified high risk plant; or 26
(b) the recurrence, aggravation, acceleration, exacerbation or 27
deterioration of an existing injury in a person if-- 28
(i) first aid or medical treatment is required for the injury; and 29
(ii) work, a workplace, a workplace activity or specified high 30
risk plant caused the recurrence, aggravation, acceleration, 31
exacerbation or deterioration. 32
s 36 32 s 36
Workplace Health and Safety and Another Act
Amendment Bill 2002
"workplace health and safety undertaking" see section 42D.'. 1
(3) Schedule 3, definition "building work", from `if the estimated final 2
price'-- 3
omit, insert-- 4
`, but does not include the construction of a mobile home or 5
prefabricated building-- 6
(a) if the construction is done at the workplace where the home or 7
building is manufactured; and 8
(b) the home or building is intended to be transported to another 9
place outside the workplace.'. 10
(4) Schedule 3, definition "civil construction work", from `bridge or 11
associated works'-- 12
omit, insert-- 13
`bridge or associated works.'. 14
(5) Schedule 3, definition "domestic premises", `house'-- 15
omit. 16
(6) Schedule 3, definition "work caused illness", paragraph (a)-- 17
omit, insert-- 18
`(a) an illness contracted by a person to which work, a workplace, a 19
workplace activity or specified high risk plant was a significant 20
contributing factor; or'. 21
(7) Schedule 3, definition "work caused illness", paragraph (b), `in the 22
course of doing work to which the work was a contributing factor'-- 23
omit, insert-- 24
`if work, a workplace, a workplace activity or specified high risk plant 25
was a significant contributing factor'. 26
(8) Schedule 3, definition "workplace incident", paragraph (a)-- 27
omit, insert-- 28
`(a) an incident resulting in a person suffering a work injury; or'. 29
(9) Schedule 3, definition "workplace incident", paragraphs (b) and (c), 30
`that must be notified to the chief executive under a regulation'-- 31
omit. 32
s 37 33 s 37
Workplace Health and Safety and Another Act
Amendment Bill 2002
PART 3--AMENDMENT OF ELECTRICAL SAFETY 1
ACT 2002 2
37 Act amended in schedule
Clause 3
The schedule amends the Electrical Safety Act 2002. 4
34
Workplace Health and Safety and Another Act
Amendment Bill 2002
SCHEDULE 1
AMENDMENT OF ELECTRICAL SAFETY ACT 2002 2
section 37 3
1 Section 21(1)(b), `contract for service'-- 4
omit, insert-- 5
`contract for services'. 6
2 Section 22(1), `contract for service'-- 7
omit, insert-- 8
`contract for services'. 9
3 Section 24(1), `A'-- 10
omit, insert-- 11
`The'. 12
4 Section 27, penalty, paragraphs (a), (b) and (c)-- 13
renumber as paragraphs (b), (c) and (d). 14
5 Section 27, penalty-- 15
insert-- 16
`(a) if the breach causes multiple deaths--2 000 penalty units or 17
3 years imprisonment; or'. 18
6 Section 137(1)(e)-- 19
renumber as section 137(1)(f). 20
35
Workplace Health and Safety and Another Act
Amendment Bill 2002
SCHEDULE (continued)
7 Section 137(1)-- 1
insert-- 2
`(e) the inspector reasonably suspects it is a workplace under the 3
control of a person who has an electrical safety obligation under 4
this Act, and it is-- 5
(i) open for carrying on business; or 6
(ii) otherwise open for entry; or'. 7
8 Section 137(3), after `(1)(d)-- 8
insert-- 9
`or (e)'. 10
9 Section 144(1), after `enters a place'-- 11
insert-- 12
`, other than an inspector who enters a place under section 137(1)(e) if 13
the place is not a workplace under the control of a person who has an 14
electrical safety obligation under this Act'. 15
10 Section 144(6) and (7)-- 16
omit, insert-- 17
`(6) If the requirement is to be complied with by the person giving 18
information, or producing a document, other than a document required to 19
be kept by the person under this Act, it is a reasonable excuse for the person 20
to fail to comply with the requirement if complying with the requirement 21
might tend to incriminate the person.'. 22
11 After section 157-- 23
insert-- 24
36
Workplace Health and Safety and Another Act
Amendment Bill 2002
SCHEDULE (continued)
`157A Power to inquire into serious electrical incident or dangerous 1
electrical event 2
`(1) This section applies if an inspector becomes aware, or reasonably 3
suspects, that a serious electrical incident or dangerous electrical event has 4
happened at a place. 5
`(2) The inspector may inquire into the circumstances and probable 6
causes of the incident or event. 7
`(3) The inspector may require a person who has knowledge, or whom 8
the inspector reasonably suspects to have knowledge, of the circumstances 9
of the incident or event to give the inspector reasonable help, as stated in 10
the requirement, to inquire under subsection (2). 11
`(4) A requirement under subsection (3) may be given orally or in 12
writing. 13
`(5) A person must comply with a requirement under subsection (3) 14
unless the person has a reasonable excuse for not complying. 15
Maximum penalty--100 penalty units. 16
`(6) If the requirement is to be complied with by the person giving 17
information, or producing a document, other than a document required to 18
be kept by the person under this Act, it is a reasonable excuse for the person 19
to fail to comply with the requirement if complying with the requirement 20
might tend to incriminate the person.'. 21
12 After section 196-- 22
insert-- 23
`196A Discrimination or victimisation 24
`(1) An employer must not dismiss a worker, or otherwise act to the 25
detriment of a worker in the worker's employment, for the dominant or 26
substantial reason that the worker-- 27
(a) has made a complaint about an issue, or in any other way has 28
raised an issue, about exposure to electrical risk; or 29
(b) has contacted or given help to an inspector. 30
Maximum penalty--40 penalty units. 31
37
Workplace Health and Safety and Another Act
Amendment Bill 2002
SCHEDULE (continued)
1
Examples of acting to the detriment of a worker--
2
1. Demotion of the worker.
3
2. Unwarranted transfer of the worker.
4
3. Reducing the worker's terms and conditions of employment.
`(2) If an employer contravenes subsection (1) by dismissing a worker, 5
the worker is taken to have been unfairly dismissed under the Industrial 6
Relations Act 1999, chapter 3, part 2,8 and subject to that part, has the 7
remedies under that part.'. 8
13 Section 210(2)(i), `plans'-- 9
omit, insert-- 10
`systems'. 11
14 Schedule 2-- 12
insert-- 13
` "Articles regulation", for part 15, see section 211. 14
"equivalent licence", for part 15, see section 211. 15
"previous licence", for part 15, see section 211. 16
"reasonable excuse" does not include a matter of mere convenience. 17
"regulator", for part 15, see section 211.'. 18
15 Schedule 2, definitions "commencement", "Electricity 19
Regulation" and "EWC Board", `212'-- 20
omit, insert-- 21
`211'. 22
23
8 Industrial Relations Act 1999, chapter 3 (Dismissals), part 2 (Unfair dismissals)
38
Workplace Health and Safety and Another Act
Amendment Bill 2002
© State of Queensland 2002
AMENDMENTS TO BILL
1
Workplace Health and Safety and Another Act
Amendment Bill 2002
WORKPLACE HEALTH AND SAFETY
AND ANOTHER ACT AMENDMENT
BILL 2002
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 1--
At page 6, lines 4 and 5, `Another Act'--
omit, insert--
`Other Acts'.
2 Clause 2--
At page 6, line 7--
omit, insert--
`(1) Part 2A commences on 1 July 2003.
`(2) The remaining provisions of this Act commence on a day to be fixed
by proclamation.'.
3 After clause 19--
At page 21, after line 5--
insert--
`19A Amendment of s 79 (Employer to display identity of workplace
health and safety representatives)
`(1) Section 79(1)--
omit, insert--
`(1) An employer must display, in accordance with this section, a notice
advising the identity of each workplace health and safety representative for
the workplace.
Maximum penalty--10 penalty units.'.
`(2) Section 79(2), penalty--
2
Workplace Health and Safety and Another Act
Amendment Bill 2002
omit.'.
4 After clause 21--
At page 21, after line 28--
insert--
`21A Amendment of s 95 (Employer and principal contractor to
display identity of workplace health and safety officer)
`(1) Section 95(1), after `display'--
insert--
`, in accordance with this section,'.
`(2) Section 95(2) and (3), penalty--
omit.'.
5 Clause 24--
At page 24, after line 7--
insert--
`(j) must keep anything given to the employer or principal contractor
by the workplace health and safety officer under section 96A(4)
for 5 years after it is given.'.'.
6 Clause 34--
At page 29, line 2, `Another Act'--
omit, insert--
`Other Acts'.
7 Clause 36--
At page 30, line 9, `substance, including any'--
omit.
3
Workplace Health and Safety and Another Act
Amendment Bill 2002
8 Clause 36--
At page 31, after line 32--
insert--
`(c) any serious bodily injury, if the injury was caused by work, a
workplace, a workplace activity or specified high risk plant.'.'.
9 After clause 36--
At page 32, after line 32--
insert--
`PART 2A--AMENDMENT OF WORKCOVER
QUEENSLAND ACT 1996
`36A Act amended in pt 2A
`This part amends the WorkCover Queensland Act 1996.
`36B Amendment of s 32 (Who is an "employer")
`(1) Section 32(2), after `schedule 2A'--
insert--
`, part 1'.
`(2) Section 32--
insert--
`(2A) However, a person mentioned in schedule 2A, part 2 is not an
"employer".'.
`36C Insertion of new ch 17
`After section 592--
insert--
4
Workplace Health and Safety and Another Act
Amendment Bill 2002
`CHAPTER 17--TRANSITIONAL PROVISION FOR
WORKPLACE HEALTH AND SAFETY AND OTHER
ACTS AMENDMENT ACT 2003
`593 Injury before 1 July 2003
`The provisions of this Act, as in force immediately before 1 July 2003,
continue to apply in relation to an injury sustained by a worker before
1 July 2003 as if the Workplace Health and Safety and Other Acts
Amendment Act 2003, part 2A had not been enacted.'.
`36D Amendment of sch 2 (Who is a worker)
`Schedule 2, part 1--
insert--
`1A. A person who works for another person under a contract (regardless of
whether the contract is a contract of service) unless--
(a) the person performing the work--
(i) is paid to achieve a specified result or outcome; and
(ii) has to supply the plant and equipment or tools of trade
needed to perform the work; and
(iii) is, or would be, liable for the cost of rectifying any defect in
the work performed; or
(b) a personal services business determination is in effect for the
person performing the work under the Income Tax Assessment
Act 1997 (Cwlth), section 87-60.1'.
`36E Amendment of sch 2A (Persons who are employers)
`(1) Schedule 2A, heading--
omit, insert--
`WHO IS AN EMPLOYER'.
1 Income Tax Assessment Act 1997 (Cwlth), section 87-60 (Personal services business
determinations for individuals)
5
Workplace Health and Safety and Another Act
Amendment Bill 2002
`(2) Schedule 2A, before section 1--
insert--
`PART 1--PERSONS WHO ARE EMPLOYERS'.
`(3) Schedule 2A, after section 7--
insert--
`PART 2--PERSONS WHO ARE NOT EMPLOYERS
`1. A person is not the employer of a person who works for the person
under a contract (regardless of whether the contract is a contract of service)
if--
(a) the person performing the work--
(i) is paid to achieve a specified result or outcome; and
(ii) has to supply the plant and equipment or tools of trade
needed to perform the work; and
(iii) is, or would be, liable for the cost of rectifying any defect in
the work performed; or
(b) a personal services business determination is in effect for the
person performing the work under the Income Tax Assessment
Act 1997 (Cwlth), section 87-60.2'.'.
© State of Queensland 2003
2 Income Tax Assessment Act 1997 (Cwlth), section 87-60 (Personal services business
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