A big year ahead for health and safety legislation

By James Gilbert, QNMU Occupational Health and Safety Officer

2024 is shaping up to be a big year in the workers' compensation and work health and safety space.

This year will see the culmination of the government’s response to the 2022 review of the Work Health and Safety Act 2011 and the 2023 review of Queensland’s workers compensation system.

Given the importance of workplace safety to nurses and midwives, the QNMU participated in both reviews on behalf of members and worked with other unions to progress improvements to legislation and processes.

Work Health and Safety Act changes 

First cab off the rank for this year has been the progression of several proposed amendments to the Work Health and Safety Act 2011

The union gave evidence at the 30 January public hearing before the Education, Employment and Training Committee which was conducting the Inquiry into what is now the Work Health and Safety and Other Legislation Amendment Bill 2023

We spoke in support of the amendments ensuring the nursing and midwifery voice was heard on the importance of robust work health and safety laws.

The QNMU believes the proposed changes will enhance safety for members, but we believe further changes not included in the current Bill - but recommended in the review - should also be progressed during the year and we are confident this will occur.

So, what are the major changes likely to assist workers?

Health and Safety Representative changes 

The amendments seek to strengthen and promote the role of Health and Safety Representatives (HSR) by making it mandatory for employers (known in the Act as a person conducting a business or undertaking (PCBU)) to notify workers of their right to request facilitation of HSRs annually.

In addition, HSRs will have the capacity to choose their HSR training, and there will be a further requirement that workers receive their usual remuneration when attending training.

PCBUs will have to notify the relevant HSR when an inspector is onsite and accompany them should they wish, as well as be provided copies of any enforcement notices issued by the inspector.

Improvements around work requiring negotiations will need to be completed within 14 days during which time the assistance of an inspector can be sought. 

If either party disagrees with the inspector’s decision the matter can proceed to the Queensland Industrial Relations Commission.

There will also be a reduction in the time allowed to comply with a Provisional Improvement Notice issued by a HSR. 

It will drop from eight to four days except where further time is agreed or where a PCBU asks for the assistance of an Inspector within three days.

Recognition of QNMU and other unions

The bill recognises the institutional role registered unions play in work health and safety, ensuring registered unions have a right to be involved in resolving WHS issues with their members. 

The bill specifically excludes entities that are not registered unions.

There is also an increased capacity for registered unions to participate in workgroup negotiations.

The bill also promises greater clarity around what registered union officials exercising their right of entry to a workplace can do when they investigate a suspected health and safety breach.

Workers' rights 

We are also pleased with proposed changes that will enhance protection for workers subject to adverse action by their employer due to their involvement in WHS issues in the workplace.

Still more to be done

The QNMU believes further legislative improvements are needed around incident notification requirements for employers for occupational violence and psychological injuries.

Another matter which has not yet been considered in the amendment bill are changes to WHS regulation in terms of setting parameters for adequate HSR coverage in workplaces, but we are hopeful this may yet be addressed.

Reflective questions

  1. What are the parallels between a safe workplace and enhanced patient safety?
  2. Can a HSR consider hazards that might impact patients or residents?

Don’t forget to make note of your reflections for your record of CPD at www.qnmu.org.au/CPD