NEW HEALTH AND SAFETY LAWS TO PROTECT QLD WORKERS

Published Monday, 02 December, 2002 at 12:00 AM

Industrial Relations
The Honourable Gordon Nuttall

Fines will be increased and loopholes resulting from new and alternative employment arrangements will be closed under some of the most significant changes proposed to Queensland's Workplace Health and Safety Act since its introduction in 1989.

Industrial Relations Minister Gordon Nuttall said the new laws would respond to emerging hazards in Queensland's changing labour market where 30 per cent of all workers were casual; 1 in 5 employees worked more than 50 hours a week; and three in 10 industries didn't exist a decade ago.

The changes, introduced into Parliament today, include: New and increased penalties including: * A new offence for a breach of the Act causing multiple deaths will impose a maximum fine of $750,000 and up to 3 years imprisonment * A breach of the Act causing death or grevious bodily harm will impose a maximum penalty of $375,000 for a company, up from $300,000.

Closing loopholes on new and alternative employment arrangements: * A person conducting business will be responsible for each worker at the workplace, regardless of their employment status, eg contract, labour-hire or direct employment.

"The proposed laws will close the loophole where some people conducting business have changed the status of their employees 'overnight' to avoid their legal obligations for health and safety as the 'employer'.

"Under these new laws, any person conducting business will be responsible for each worker at the workplace, regardless of their employment status."

More extensive legal obligations at the workplace: * Suppliers of equipment, not just manufacturers and designers, will now be required to ensure equipment is safe when provided to the buyer. This will include providing information on the safe use of the equipment. * Building owners, or people in control of a building, will have new obligations to ensure a building, and adjacent areas like car parks, meet safety standards. For example, in the event of a health risk posed by an air-conditioning system, the owner of the building, not just the employer and/or lessee, can be held responsible. * Building designers will be held responsible for ensuring the building design allows for the safe use and maintenance of the building.

"Where there are currently problems on some Queensland worksites regarding the standard of second-hand, imported equipment like cranes, inspectors would have the power to issue notices and fines to the suppliers of that equipment if it doesn't comply with the legislation."

Greater training for workers to identify health and safety risks * Workplace health and safety representatives at the workplace will have access to accredited training; and workplace health and safety officers will be required to conduct at least one assessment of health and safety at the workplace per year. * Employers will be prohibited from victimising any employee who reports or makes a complaint about anything believed to be unsafe at the worksite.

Mr Nuttall said the social and economic cost of workplace accidents in Queensland was estimated at $3.5-billion annually.

He said the Government, employers, industry and unions had been involved in extensive consultation over the past 12 months to develop these new laws to better reflect the needs of a modern workforce.

"I want to thank the many organizations and individuals who made submissions, and who were involved in the consultation process, for their efforts in helping make Queensland a safer place to work."

It is expected the new laws will come into effect in the first half of 2003.

At the same time, extensive education programs on the reforms will be run throughout Queensland by the Department of Industrial Relations.

Media contact: Leisa Schultz on 3225 2017 or 0419 746 093