Queensland Consolidated Acts

WORKPLACE HEALTH AND SAFETY ACT 1995

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title

           Division 2--Application and operation of Act

   3.      Application of Act
   3A.     Relationship with Electrical Safety Act 2002
   3B.     Relationship with other Acts relating to design or manufacture of operating plant
   4.      Act binds all persons

           Division 3--Objective of Act

   7.      Objective of Act

           Division 4--Interpretation
           Subdivision 1--Dictionary

   8.      Definitions—the dictionary
           Subdivision 2--Other important terms
   9.      What is a workplace
   10.     Who is an employer
   11.     Who is a worker
   12.     Who is a self-employed person
   12A.    Who is the client for construction work
   12B.    Who is the project manager for construction work
   13.     Who is the principal contractor for construction work
   14.     What is construction work
   15.     When is plant or a substance not used properly
           Subdivision 3--Persons in control of relevant workplace areas and fixtures, fittings and plant in relevant workplace areas
   15A.    Meaning of relevant workplace area
   15B.    Meaning of person in control of relevant workplace area
   15C.    Meaning of person in control of fixtures, fittings or plant

           Part 2--Basic concepts

   18.     What is consultation
   22.     Ensuring workplace health and safety

           Part 3--Workplace health and safety obligations

           Division 1--Preliminary

   23.     Obligations for workplace health and safety
   24.     Discharge of obligations
   25.     Person may owe obligations in more than 1 capacity
   26.     How obligations can be discharged if regulation etc. made
   27.     How obligations can be discharged if no regulation etc. made
   27A.    Managing exposure to risks

           Division 2--Obligations of particular persons

   28.     Obligations of persons conducting business or undertaking
   29.     What obligations under s 28 include
   30.     Obligations of persons in control of workplaces
   30A.    Obligations of clients
   30B.    Obligations of designers of structures
   30C.    Obligations of project managers
   31.     Obligations of principal contractors
   32.     Obligations of designers of plant
   32A.    Obligations of manufacturers of plant
   32B.    Obligations of suppliers of plant
   33.     Obligations of erectors and installers of plant
   34.     Obligations of manufacturers of substances for use at workplace
   34A.    Obligations of suppliers of substances for use at workplace
   34C.    Obligation of person in control of relevant workplace area
   34D.    Obligation of person in control of fixtures, fittings or plant included in relevant workplace area
   35.     Obligations of owners of plant

           Division 3--Obligations of workers and other persons

   36.     Obligations of workers and other persons at a workplace

           Division 4--Defences

   37.     Defences for div 2 or 3

           Part 4--Regulations, codes of practice and ministerial notices

           Division 1--Regulations

   38.     Regulations
   39.     Regulations relating to occupational certificates under repealed Acts

           Division 2--Codes of practice

   41.     Code of practice about managing exposure to risks
   42.     Use of code of practice in proceedings

           Division 3--Ministerial notices

   42C.    Ministerial notices in urgent circumstances

           Part 5--Enforceable undertakings

   42D.    Meaning of workplace health and safety undertaking
   42DA.   Giving workplace health and safety undertaking
   42E.    Acceptance and publication of workplace health and safety undertaking
   42F.    Proceeding for alleged contravention
   42G.    Compliance with undertaking
   42H.    Withdrawal or variation of undertaking
   42I.    Contravention of workplace health and safety undertaking

           Part 6--Industry consultative arrangements

           Division 1--Purposes of part

   43.     Purposes of part

           Division 2--The board and its functions

   44.     Workplace health and safety board
   45.     Functions of board
   45A.    Annual report

           Division 3--Membership and conduct of board proceedings

   46.     Membership of board
   47.     Times of board meetings
   48.     Conduct of proceedings
   49.     Disclosure of interests
   50.     Minutes

           Division 4--Provisions about appointed board members

   52.     Duration of appointment
   53.     Leave of absence
   54.     Conditions of appointment

           Division 5--Industry sector standing committees

   55.     Industry sector standing committees
   56.     Functions of industry sector standing committees

           Division 6--Membership and conduct of industry sector standing committee proceedings

   57.     Membership of industry sector standing committee
   58.     Times of industry sector standing committee meetings
   59.     Conduct of industry sector standing committee proceedings
   60.     Disclosure of interests
   61.     Minutes

           Division 7--Provisions about industry sector standing committee members

   62.     Duration of appointment
   63.     Leave of absence
   64.     Conditions of appointment

           Division 8--Licensing Review Committee

   64A.    Establishment of licensing review committee
   64B.    Functions of licensing review committee

           Division 9--Provisions about membership of licensing review committee

   64C.    Membership of licensing review committee
   64D.    Duration of appointment to licensing review committee
   64E.    Leave of absence
   64F.    Conditions of appointment

           Division 10--Conduct of licensing review committee's proceedings generally

   64G.    Times of board committee meetings
   64H.    Conduct of proceedings
   64I.    Disclosure of interests
   64J.    Minutes
   64K.    Annual report

           Division 11--Provisions about disciplinary action by licensing review committee
           Subdivision 1--Grounds for disciplinary action

   64L.    Grounds for disciplinary action
           Subdivision 2--Types of disciplinary action
   64M.    Purpose of sdiv 2
   64N.    Holders of occupational licences
   64O.    Previous holders of occupational licences
   64P.    Holders of corresponding occupational licences
   64Q.    Previous holders of corresponding occupational licences
   64R.    Penalties
           Subdivision 3--Procedures for taking disciplinary action
   64S.    Application of sdiv 3
   64T.    Preliminary notice
   64U.    Consideration before disciplinary hearing
   64V.    Disciplinary hearing notice
   64W.    Disciplinary hearing
   64X.    Disciplinary hearing requirements
   64Y.    Evidence and findings in other proceedings may be received or adopted
   64Z.    Licensing review committee to keep record of disciplinary hearing
   64ZA.   Decision about taking disciplinary action

           Part 7--Workplace consultative arrangements

           Division 1--Purposes of part

   65.     Purposes of part

           Division 2--Definitions for part

   66.     Definitions for part

           Division 3--Workplace health and safety representatives
           Subdivision 1--Preliminary

   67.     Who is a workplace health and safety representative?
   68.     How many workplace health and safety representatives can a workplace have?
   69.     Workplace health and safety representative's area of representation
   70.     Negotiation between workers and employer about workplace health and safety representatives
           Subdivision 2--Election process
   71.     Electing a workplace health and safety representative
   72.     Workers to tell employer of intention to elect workplace health and safety representative
   73.     Employer to facilitate election of workplace health and safety representative if asked
   74.     Workers may ask union to conduct election of workplace health and safety representative
   75.     Employers to be told of elected workplace health and safety representatives
           Subdivision 3--Employer's responsibilities
   76.     Employer must negotiate with workers if asked
   77.     Employer to help workplace health and safety representatives
   78.     Employer to tell workplace health and safety representatives about certain things
   79.     Employer to display identity of workplace health and safety representatives
   80.     Employer to tell new workers and display notices about workplace health and safety representatives' provisions
           Subdivision 4--Entitlements and areas of responsibility
   81.     Entitlements of workplace health and safety representatives
           Subdivision 5--General
   82.     Election of a workplace health and safety representative not to diminish employer's obligations
   83.     Workplace health and safety representatives may be re-elected
   84.     Term as workplace health and safety representative
   85.     Ceasing to be a workplace health and safety representative

           Division 4--Workplace health and safety committees

   86.     Workplace health and safety committees
   87.     Membership of committee
   88.     Times of meetings
   89.     Proceedings at meetings
   90.     Functions of workplace health and safety committees

           Part 7A--Authorised representatives

           Division 1--Purpose

   90A.    Purpose of part

           Division 2--Definitions

   90B.    Definitions for part

           Division 3--Appointment of authorised representatives

   90C.    Application for appointment as authorised representative
   90D.    Appointment of authorised representative
   90E.    Limitation of authorised representative's powers
   90F.    Authorised representative's appointment conditions
   90G.    Employee organisation must give notice
   90H.    Authorised representative's identity card

           Division 4--Authorised representatives' powers

   90I.    Powers if a suspected contravention of the Act involves workplace health and safety
   90J.    Powers for discussing workplace health and safety
   90K.    Notice of entry or exercise of particular power
   90L.    Production of authorised representative's identity card
   90M.    When powers may not be exercised
   90N.    Conduct of authorised representative

           Division 5--Suspension, cancellation, or amendment of conditions, of appointment
           Subdivision 1--Preliminary

   90O.    Application to suspend or cancel appointment, or amendment of conditions of appointment
   90P.    Decision on application may be given on the papers or at a hearing
           Subdivision 2--Decisions on the papers
   90Q.    Applications decided on the papers
           Subdivision 3--Decisions at hearings
   90R.    Applications decided at a hearing

           Division 6--Disputes under this part

   90S.    Definition for div 6
   90T.    Notice of dispute
   90U.    Action on dispute
   90V.    Compulsory conference
   90W.    Enforcing commission's orders
   90X.    Remedies on show cause notice
   90Y.    Disobeying penalty orders

           Part 8--Workplace health and safety officers

           Division 1--Purpose of part

   91.     Purpose of part

           Division 2--Definition for part

   92.     Meaning of qualified person

           Division 3--Appointment of workplace health and safety officers

   93.     Appointment of workplace health and safety officer by employer
   94.     Appointment of workplace health and safety officer by principal contractor

           Division 4--Identity of workplace health and safety officer to be displayed

   95.     Employer and principal contractor to display identity of workplace health and safety officer

           Division 5--Functions of workplace health and safety officers

   96.     Functions of workplace health and safety officers
   96A.    Assessment function

           Division 6--Employer's and principal contractor's responsibilities

   97.     Employer and principal contractor to help workplace health and safety officer etc.

           Division 7--Appointment of workplace health and safety officer not to diminish employer's obligations

   98.     Appointment of workplace health and safety officer not to diminish employer's obligations

           Part 9--Inspectors

           Division 1--Appointment

   99.     Appointment
   100.    Limitation of inspector's powers
   101.    Inspector's appointment conditions
   102.    Inspector's identity card
   103.    Production or display of inspector's identity card

           Division 2--Inspectors' general powers

   103A.   Inspectors may give advice to persons with workplace health and safety obligation
   104.    Entry to places
   105.    Consent to entry
   106.    Warrants to enter
   107.    Warrants—applications made other than in person
   108.    General powers after entering places
   109.    Power to seize evidence etc.
   110.    Inspector's power to seize dangerous places and things
   111.    Powers supporting seizure
   112.    Receipt for seized things
   113.    Forfeiture of seized things
   114.    Return of seized things
   115.    Access to seized things

           Division 3--Improvement and prohibition notices

   117.    Improvement notice
   118.    Prohibition notice
   119.    Order to secure compliance with notices

           Division 4--Other investigative powers

   120.    Power to require name and address
   121.    Power to inquire into workplace incident
   122.    Power to require production of certain documents

           Division 5--Other enforcement matters

   123.    Destruction of workplace, relevant workplace area, plant or substance that is a serious risk to health or safety
   124.    Analysis of samples
   125.    Compensation
   126.    Forfeiture on conviction
   127.    Dealing with forfeited things
   128.    Inspector to give notice of damage

           Part 10--Boards of inquiry

           Division 1--General

   129.    Minister may establish or re-establish boards of inquiry
   130.    Role of board of inquiry
   131.    Conditions of appointment
   132.    Chief executive to arrange for services of staff and financial matters for board of inquiry
   133.    Inspector may exercise powers for board's inquiry

           Division 2--Conduct of inquiry

   134.    Procedure
   135.    Notice of inquiry
   136.    Inquiry to be held in public except in special circumstances
   137.    Protection of members, legal representatives and witnesses
   138.    Record of proceedings to be kept
   139.    Procedural fairness and representation
   140.    Board's powers on inquiry
   141.    Notice to witness
   142.    Inspection of documents or things
   143.    Inquiry may continue despite court proceedings unless otherwise ordered
   144.    Offences by witnesses
   145.    Contempt of board
   146.    Report of offences
   147.    Change of membership of board

           Part 11--Appeals

           Division 1--Interpretation

   147A.   Definitions for pt 11

           Division 2--Review of decisions

   148.    Application for review
   149.    Procedure for review
   150.    Review of decision
   151.    Stay of operation of original decisions

           Division 3--Appeals to industrial commission

   151A.   Who may appeal
   151B.   How to start appeal
   151C.   Stay of operation of decisions
   151D.   Hearing procedures
   151E.   Powers of commission on appeal

           Division 3A--Appeals to full bench

   151F.   Definition for div 3A
   151G.   Who may appeal
   151H.   How to start appeal
   151I.   Stay of operation of decisions
   151J.   Hearing procedures
   151K.   Powers of full bench on appeal

           Division 4--Appeals to Industrial Court

   152.    Who may appeal
   153.    How to start appeal
   154.    Stay of operation of decisions
   155.    Hearing procedures
   156.    Assessors
   157.    Powers of court on appeal

           Part 12--Legal proceedings

           Division 1--Evidence

   158.    Application of division
   159.    Proof of appointments and authority unnecessary
   160.    Proof of signatures unnecessary
   161.    Evidentiary aids
   162.    Expert reports
   163.    Analyst's certificate or report

           Division 2--Proceedings

   164.    Proceedings for offences
   165.    Limitation on time for starting proceedings
   166.    Responsibility for acts or omissions of representatives
   167.    Executive officers must ensure corporation complies with Act
   168.    Representation at hearing
   168A.   Costs of investigation
   169.    Recovery of fees

           Part 13--Offences

   171.    False or misleading statements
   172.    False, misleading or incomplete documents
   173.    Obstructing inspectors
   173A.   Obstructing authorised representatives
   174.    Discrimination or victimisation
   175.    Employers and principal contractor not to encourage refusal to answer questions
   176.    Impersonating inspectors and others

           Part 14--General

           Division 1--Accredited providers

   177.    Appointment
   178.    Functions of accredited providers
   179.    Accredited provider's appointment conditions
   180.    Accredited provider's identity card
   181.    Production or display of accredited provider's identity card
   182.    Suspension or cancellation of accredited provider's appointment

           Division 1A--Report about occupational health and safety performance

   182A.   Application for report

           Division 1B--Workplace health and safety contributions

   182B.   Purpose of div 1B
   182C.   Definition for div 1B
   182D.   Workplace health and safety contribution to be paid
   182E.   Workplace health and safety contribution notice
   182F.   Working out workplace health and safety contribution amounts
   182G.   Confidentiality of information obtained from Commissioner of State Revenue

           Division 2--Miscellaneous

   183.    Protection from liability—officials
   184.    Protection from liability—others
   184A.   Appointment of principal contractors
   185.    Powers of chief executive to make requirements about unsafe plant or substances
   185A.   Powers of chief executive to require production of particular documents
   185B.   Chief executive may require information from employers
   185C.   Confidentiality of particular information
   185D.   Giving information to corresponding entity
   186.    Exemption of person or thing from Act

           Part 15--Administration

   187.    Delegations

           Part 17--Transitional provisions

           Division 1--Transitional provisions for Act No. 25 of 1995

   189.    Workplace Health and Safety Act 1989 references

           Division 2--Transitional provisions for Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2004

   190.    Existing advisory standards
   191.    Existing codes of practice

           Division 3--Transitional provision for Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2005

   192.    Prosecution for offence against s 24

           Division 4--Transitional provisions for Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2007

   193.    Existing reviews of relevant licensing decisions
   194.    Grounds for disciplinary action
           SCHEDULE 1 PRESCRIBED ACTIVITIES
   1.      Prescribed activities—demolition work
   2.      Prescribed activities—asbestos removal work
           SCHEDULE 2 SPECIFIED HIGH RISK PLANT
           1. Meaning of specified high risk plant
   2.      Definitions for schedule
           SCHEDULE 3 DICTIONARY
           Endnotes