Last week the Queensland Government amended the WHS and Electrical Safety Act to require WHS entry permit holders to provide at least 24 hours’ notice (and at most 14 days’ notice) of entry to investigate suspected safety contraventions.
The amendments commenced on 29 November 2024. Previously, WHS entry permit holders could enter without notice.
There is an exemption so that this notice requirement does not apply if a worker is exposed to a serious risk to their health and safety emanating from an immediate or imminent exposure to a hazard.
Other amendments pare back employee health and safety representatives’ (HSRs) right to direct workers to cease work.
HSRs may now issue the order to cease work only if the worker is in the same workgroup represented by the representative and they reasonably believe there is a serious and imminent safety risk. The PCBU must then be given a copy of the cease work notice, which must be displayed in a prominent location. The updated notice requirements for union right of entry are below:
If you require any assistance or advice with respect to unions right of entry or other WHS obligations, please feel free to contact the EIRS team to discuss.
