Work Health and Safety Act 2011 - Queensland

Service summary

The objective of the Work Health and Safety Act 2011 (the Act) is to prevent a persons death, injury or illness being caused by a workplace, a relevant workplace area, work activities, or plant or substances for use at a workplace.

The Act makes provisions for:

  • imposing workplace health and safety obligations on certain persons who may affect the health and safety of others because of workplaces, work activities or by plant or substances for use at a workplace
  • establishing a workplace health and safety board and industry sector standing committees
  • electing workplace health and safety representatives and establishing workplace health and safety committees
  • making regulations and codes of practice
  • developing accredited training programs for accredited providers and registered training organisations
  • promoting community awareness about workplace health and safety
  • appointing inspectors and enforcement procedures
  • appointing workplace health and safety officers and accredited providers to assist industry to manage particular risks
  • collecting workplace health and safety contributions and statistical data for the workplace health and safety regulation and related education and prevention services.
  • The Regulation sets out requirements relating to:
  • the registration of plant and plant design
  • a certificate to work in an earthmoving or particular crane occupation
  • a licence to perform a class of high risk work
  • a certificate to perform a prescribed activity
  • a certificate of authority of appointment of a workplace health and safety officer
  • a certificate of appointment of an accredited provider
  • a bonded asbestos removal certificate.

It also sets out:

  • workplaces requiring a workplace health and safety officer
  • fees applicable under the Act
  • plant and plant design requiring registration
  • national uniform standards for confined spaces, hazardous substances, lead and noise.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Employer
  1. A person is an employer if
    1. the person conducts a business or undertaking; and
    2. in the conduct of the business or undertaking, the person engages someone else to do work, other than under a contract for services, for or at the direction of the person.
  2. For subsection (1)(b), a person engages someone else to do work whether the person engaged works for gain or reward or on a voluntary basis.
  3. For an apprentice or trainee who is employed by a group training organisation, the employer is, when the apprentice or trainee is engaged to do work for a host employer
    1. the host employer; or
    2. otherwise the group training organisation.
  4. In this section ''apprentice'' means an apprentice under the Vocational Education, Training and Employment Act 2000; ''group training organisation'' means a group training organisation under the Vocational Education, Training and Employment Act 2000; ''host employer'' means a person who contracts with a group training organisation for the training of apprentices and trainees; "trainee" means a trainee under the Vocational Education, Training and Employment Act 2000.
Worker

(1) a person is a worker if the person does work, other than under a contract for services, for or at the direction of an employer. Example: a subcontractor works under a contract for services and is not a worker for this Act. (2) a person may be a worker even though the person is not paid for work done by the person.

Workplace

A workplace is any place where work is, or is to be performed by:

  • a worker; or
  • a person conducting a business or undertaking. 

For example: 

  • a vessel used for teaching members of the public to scuba dive
  • a vehicle supplied by an employer for use by a worker in the performance of work.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Inspectors have powers to monitor and enforce compliance with the Act, including serving notices to ensure compliance.

Review or Appeal Mechanisms:

A person affected by a decision made under the Act may apply for a review of the decision.


Administering agency

Workplace Health and Safety Queensland
Safety and Compensation Policy

Contact details

Workplace Health & Safety Infoline
Workplace Health and Safety Queensland
Safety and Compensation Policy

Phone:

1300 362 128

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

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To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.