Work Health and Safety Regulation 2011

Queensland

Comparative Table

This table has been prepared by the industry as a tool for mills or milling companies to identify their position in relation to their obligations under the Workplace Health and Safety Regulation 2011 that commenced on 1 January 2012. Columns 1-4 were prepared by WH&S Q and the industry’s safety committee has suggested mills use columns 5-7 to map their present position, shortfall if any and action required to deal with any shortfall (by a proposed date). The information to go in column 7 of this table should be developed in conjunction with the table of transitional provisions that has been prepared by WH&S Q at:

1
REG / 2
Work Health and Safety Regulation 2011 / 3
Workplace Health and Safety Act 1995
Workplace Health and Safety Regulation 1995
Dangerous Goods Safety Management Act
Dangerous Goods Safety Management Regulation / 4
COMMENTS / 5
THIS MILL’S PRESENT POSITION / 6
ACTION REQUIRED FOR THIS MILL TO CONFORM TO WORKPLACE HEALTH AND SAFETY REGULATION 2011 / 7
CONFORM BY DATE
see separate transitional table
5 / Chapter 1, part 1.1
Definitions - Schedule 19 / WHS Act 1995
Schedule 3 Dictionary
WHS Regulation 2008
Schedule 18 Definitions
7 / Chapter 1, part 1.1
Meaning of person conducting a business or undertaking—persons excluded / 5 / WHS Regulation 2008
Reference to the doing of work by relevant person who is an employer
8 / Chapter 1, part 1.1
Meaning of supply / No previous equivalent
9 / Chapter 1, part 1.1
Provisions linked to health and safety duties in Act / 38(4) / WHS Act 1995
Regulations 2008
10 / Chapter 1, part 1.2
Application of the Act to dangerous goods and high risk plant / 104
(1)(e)
10 / WHS Act 1995
Entry to places
DGSM Act 2001
Meaning of environment
11 / Chapter 1, part 1.2
Application of this regulation / No previous equivalent
12 / Chapter 1, part 1.2
Assessment of risk in relation to a class of hazards,
tasks, circumstances or things / No previous equivalent
15 / Chapter 1, part 1.3
References to standards / 4 / References to standards
16 / Chapter 2,
Part 2.1Representation
Negotiations for and determination of work groups / 69 / The formation of work groups as the basis for the area of representation of Health and Safety Representatives is new for Queensland. / WHS Act 1995
Workplace health and safety representative’s area of representation
17 / Chapter 2, part 2.1
Matters to be taken into account in negotiations / 70 / Negotiation between workers and employer about workplace health and safety representatives
18 / Chapter 2, part 2.1
Procedures for election of health and safety representatives / 73
75 / WHS Act 1995
Employer to facilitate election of workplace health and safety representative
Employers to be told of elected workplace health and safety representatives
19 / Chapter 2, part 2.1
Person conducting business or undertaking must not delay election / 73 / WHS Act 1995
Employer to facilitate election of workplace health and safety representative
20 / Chapter 2, part 2.1
Removal of health and safety representatives / No previous equivalent
21 / Chapter 2, part 2.1
Training for health and safety representatives / 81 / HSRs will be able to exercise all their powers under the WHS Act 2011 including issuing PINS and the power to direct workers to cease work) until 31 December 2012. After this time, if they have not undertaken the required training, they will not be able to continue to direct workers to cease work. As all qualified HSRs have already completed PINs training, they will not be required to undertake further training on the matter. / WHS Act 1995
Entitlements of workplace health and safety representatives
22 / Chapter 2, part 2.2
Issue resolution
Agreed procedure—minimum requirements / Issue resolution is a new provision for Queensland / No previous equivalent
23 / Chapter 2, part 2.2
Default procedure / No previous equivalent
24 / Chapter 2, part 2.3
Cessation of unsafe work
Continuity of engagement of worker / The right to cease unsafe work is new to Queensland / No previous equivalent
25 / Chapter 2, part 2.4
Workplace entry by WHS entry permit holders
Training requirement for WHS entry permits / 90D / Any person appointed as an authorised representative under the WHS Act 1995 will have their current term of appointment rolled over as if the appointment were made under the WHS Act 2011. Any conditions on the appointment made under the WHS Act 1995 will continue to apply to their appointment. The authorised representative’s identity card issued under the WHS Act 1995 will be taken to be the person’s WHS entry permit under the WHS Act 2011. / WHS Act 1995
Appointment of authorised representative
26 / Chapter 2, part 2.4
Form of WHS entry permit / 90H / WHS Act 1995
Authorised representative’s identity card
27 / Chapter 2, part 2.4
Notice of entry—general / 90K / WHS Act 1995
Notice of entry or exercise of particular power
28 / Chapter 2, part 2.4
Additional requirements—entry under section 117 / 90K / WHS Act 1995
Notice of entry or exercise of particular power
29 / Chapter 2, part 2.4
Additional requirements—entry under section 120 / 90K / WHS Act 1995
Notice of entry or exercise of particular power
30 / Chapter 2, part 2.4
Additional requirements—entry under section 121 / 90K / WHS Act 1995
Notice of entry or exercise of particular power
31 / Chapter 2, part 2.4
Register of WHS entry permit holders / No previous equivalent
32 / Chapter 3General risk and workplace management
Part 3.1Managing risks to health and safety
Application of part 3.1 / 27
27A / WHS Act 1995
How obligations can be discharged if not regulation etc made
Managing exposure to risks
33 / Chapter 3 part 3.1
Specific requirements must be complied with / 26 / WHS Act 1995
How obligations can be discharged if regulation etc made
34 / Chapter 3 part 3.1
Duty to identify hazards / 27A / WHS Act 1995
Managing exposure to risks
35 / Chapter 3 part 3.1
Management of risk / 27A / Duty holders are required to identify reasonably foreseeable hazards and implement reasonably practicable control measures. / WHS Act 1995
Managing exposure to risks
36 / Chapter 3 part 3.1
Hierarchy of control measures / 27A / The hierarchy of control has been varied - substitution, isolation and engineering controls can be considered as alternatives. / WHS Act 1995
Managing exposure to risks
37 / Chapter 3 part 3.1
Maintenance of control measures / 27A / WHS Act 1995
Managing exposure to risks
38 / Chapter 3 part 3.1
Review of control measures / 27A / WHS Act 1995
Managing exposure to risks
39 / Chapter 3, part 3.2 General workplace management
Provision of information, training and instruction / 29
29 / WHS Act 1995
What obligations under s28 include
DGSM Regulation 2001
Induction, information, supervision, education and training;
40 / Chapter 3, part 3.2
Division 2General working environment
Duty in relation to general workplace facilities / 29
137
276
277
303
345
347
344 / WHS Act 1995
Access
Purpose of sdiv 7
Safe housekeeping practices
Safe housekeepingpractices
WHS Regulation 2008
Part 21 Amenities – work that is not construction work
Amenities for work that is not construction work or rural industry work
Schedule 13 Relevant persons who are employers – particular amenities for work that is not construction work or rural industry work
Ventilation, lighting, floor area and air space for building
Schedule 14 states particular duties of a relevant person
Amenities for rural industry work
Schedule 12 Relevant persons who are employers – particular amenities for rural industry work
41 / Chapter 3, part 3.2
Duty to provide and maintain adequate and accessible facilities / 292
346 / WHS Regulation 2008
Amenities
Maintenance of amenities
42 / Chapter 3, part 3.2
Division 3 First aid
Duty to provide first aid / 335
349
350 / WHS Regulation 2008
Part 24 First Aid
First aid
Relevant persons who are employers – work other than construction work
Relevant persons who are employers—workers performing rural industry work
43 / Chapter 3, part 3.2
Division 4 Emergency plans
Duty to prepare, maintain and implement emergency plan / 61 / This provision commences on 1 July 2012 (section 716). / DGSM Regulation 2001
Emergency plans and procedures
44 / Chapter 3, part 3.2
Division 5 Personal protective equipment
Provision to workers and use of personal protective equipment / 27A / WHS Act 1995
Managing exposure to risks
45 / Chapter 3, part 3.2
Personal protective equipment used by other persons / No previous equivalent
46 / Chapter 3, part 3.2
Duties of worker / 36 / WHS Act 1995
Obligations of workers and other persons at the workplace
47 / Chapter 3, part 3.2
Duty of person other than worker / 36 / WHS Act 1995
Obligations of workers and other persons at the workplace
48 / Chapter 3, part 3.2
Division 6 Remote or isolated work
Remote or isolated work / This section commences on 1 January 2013 (section 2). / No previous equivalent
49 / Chapter 3, part 3.2
Division 7Managing risks from airborne contaminants
Ensuring exposure standards for substances etc not exceeded / 348 / WHS Regulation 2008
Part 23 Relevant persons who are employers – atmospheric contaminants
Level of atmospheric contaminants
50 / Chapter 3, part 3.2
Monitoring airborne contaminant levels / 348 / WHS Regulation 2008
Level of atmospheric contaminants
51 / Chapter 3, part 3.2
Division 8Hazardous atmospheres
Managing risks to health and safety / 205
202 / WHS Regulation 2008
Part 16 – Hazardous substances
Controlling exposure
Hazardous substances in enclosed systems
52 / Chapter 3, part 3.2
Ignition sources / 36
21 / DGSM Regulations 2001
Elimination of ignition sources
Occupier must consider substituting
53 / Chapter 3, part 3.2
Division 9Storage of flammable or combustible substances
Flammable and combustible material not to be accumulated / 72 / DGSM Regulations 2001
Elimination of ignition sources
54 / Chapter 3, part 3.2
Division 10Falling objects
Management of risk of falling objects / 281 / The WHS regulation covers all workplaces whereas the current Qld regulations cover construction workplaces only. / WHS Regulation 2008
Subdivision 11 Principal contractor’s obligations for falling objects
Application of sdiv 11
55 / Chapter 3, part 3.2
Minimising risk associated with falling objects / 281
283
284 / WHS Regulation 2008
Application of sdiv 11
Risk assessment and control measures for civil construction work and housing construction work
Control measures for construction work that is not civil construction work or housing construction work.
56 / Chapter 4 Hazardous work
Part 4.1Noise
Meaning of exposure standard for noise / 138 / The current Qld regulation goes into detail regarding how the sound pressure level is to be determined. This sort of detail is contained in the model Codes of Practice. / WHS Regulation 2008
What is excessive noise
57 / Chapter 4, part 4.1
Managing risk of hearing loss from noise / 139 / WHS Regulation 2008
Preventing risk from exposure to excessive noise
58 / Chapter 4, part 4.1
Audiometric testing / For workers commencing work in 2012, persons conducting a business or undertaking will have up to 12 months to test them (section 777). / No previous equivalent.
59 / Chapter 4, part 4.1
Duties of designers, manufacturers, importers and suppliers of plant / No direct equivalent but similar to upstream duties set out in Act.
60 / Chapter 4, part 4.2Hazardous manual tasks
Managing risks to health and safety / Covered in Manual Tasks code of practice / No previous equivalent
61 / Chapter 4, part 4.2
Duties of designers, manufacturers, importers and suppliers of plant or structures / No direct equivalent but similar to upstream duties set out in Act.
62 / Chapter 4, part 4.3Confined spaces
Confined spaces to which this part applies / Unless otherwise noted, provisions in s. 250 of the WHSR2008 cover Part 4.3, Division 3 of the model WHS provisions. / No previous equivalent.
63 / Chapter 4, part 4.3
Application to emergency services / No previous equivalent.
64 / Chapter 4, part 4.3
Division 2 - Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure
Duty to eliminate or minimise risk / 248 / WHS Regulation 2008
Designing, manufacturing or supplying a confined space
65 / Chapter 4, part 4.3
Division 3 - Duties of person conducting business or undertaking
Entry into confined space must comply with this Division / 250 / WHS Regulation 2008
Using a confined space
66 / Chapter 4, part 4.3
Managing risks to health and safety / 250 / WHS Regulation 2008
Using a confined space
67 / Chapter 4, part 4.3
Confined space entry permit / 250 / WHS Regulation 2008
Using a confined space
68 / Chapter 4, part 4.3
Signage / 250 / WHS Regulation 2008
Using a confined space
69 / Chapter 4, part 4.3
Communication and safety monitoring / 250 / WHS Regulation 2008
Using a confined space
70 / Chapter 4, part 4.3
Specific control—connected plant and services / 249 / WHS Regulation 2008
Modifying a confined space
71 / Chapter 4, part 4.3
Specific control—atmosphere / 250 / WHS Regulation 2008
Using a confined space
72 / Chapter 4, part 4.3
Specific control—flammable gases and vapors / 250 / WHS Regulation 2008
Using a confined space
73 / Chapter 4, part 4.3
Specific control—fire and explosion / 250 / WHS Regulation 2008
Using a confined space
74 / Chapter 4, part 4.3
Emergency procedures / 250 / WHS Regulation 2008
Using a confined space
75 / Chapter 4, part 4.3
Personal protective equipment in emergencies / 250 / WHS Regulation 2008
Using a confined space
76 / Chapter 4, part 4.3
Information, training and instruction for workers / 250 / WHS Regulation 2008
Using a confined space
77 / Chapter 4, part 4.3
Confined space entry permit and risk assessment must be kept / 250 / WHS Regulation 2008
Using a confined space
78 / Chapter 4, part 4.4 Falls
Management of risk of fall / 317 / Part 4.4 ‘falls’ provisions applies to all industries in Queensland while the current ‘falls’ provisions in the WHS Regulation 2008 applies only to construction. / WHS Regulation 2008
Risk of fall of less than 3m in housing construction work or less than 2m in other construction work or construction work on roof with slope not over 26°
79 / Chapter 4, part 4.4
Specific requirements to minimise risk of fall / 318 / WHS Regulation 2008
Risk of fall of at least 3m in housing construction work or at least 2m in other construction work or construction work on roof with a slope over 26°
80 / Chapter 4, part 4.4
Emergency and rescue procedures / This provision commences on 1 January 2013 for all industries other than construction (section 717). / No previous equivalent.
81 / Chapter 4, part 4.5High risk work
Division 1 Licensing of high risk work
Licence required to carry out high risk work / 18 / WHS Regulation 2008
Authority to perform high risk work
82 / Chapter 4, part 4.5
Exceptions / 19 / WHS Regulation 2008
Work incidental to high risk work
83 / Chapter 4, part 4.5
Recognition of high risk work licences in other jurisdictions / 18 / WHS Regulation 2008
Authority to perform high risk work
84 / Chapter 4, part 4.5
Duty of person conducting business or undertaking to ensure direct supervision / 32
37 / WHS Regulation 2008
Duties of relevant person who is an employer for training
Supervision of worker and record keeping
85 / Chapter 4, part 4.5
Evidence of licence—duty of person conducting business or undertaking / 18 / WHS Regulation 2008
Authority to perform high risk work
86 / Chapter 4, part 4.5
Subdivision 2 Licensing process
Who may apply for a licence / 20 / WHS Regulation 2008
Application for licence to perform a class of high risk work or for variation of licence
87 / Chapter 4, part 4.5
Application for high risk work licence / 82
84 / WHS Regulation 2008
How to apply for a licence or variation of a licence to endorse another class of high risk work
How to apply for a variation of a licence to remove a class of high risk work
88 / Chapter 4, part 4.5
Additional information / 82 / WHS Regulation 2008
How to apply for a licence or variation of a licence to endorse another class of high risk work
89 / Chapter 4, part 4.5
Decision on application / 90
93
83
85
86
88 / Consistent process. However, there is no strict timeframe stated for the regulator in which to make a decision on an application. Once the regulator has made a decision, the applicant must be notified within 14 days (not 10 days) after the decision has been made / WHS Regulation 2008
Chief executive to decide application within 28 days
Grant of certificate, licence or variation of licence on conditions
If applicant for licence or variation of a licence holds a corresponding authority to licence or licence class
Refusal to grant licence or variation for applicant’s misconduct
Refusal to grant certificate, licence or variation—false assessment summary
Refusal of application for lack of competence or for misconduct
90 / Chapter 4, part 4.5
Matters to be taken into account / WHS Regulation 2008
See sections 85, 86 and 88
91 / Chapter 4, part 4.5
Refusal to grant high risk work licence—process / 92 / The regulator is required to give an applicant a notice if the regulator proposes to refuse to grant a licence. The applicant has an opportunity to make a submission to the regulator. This process must occur before the regulator makes the decision to grant or refuse to grant a licence. / WHS Regulation 2008
Notice of refusal of application
92 / Chapter 4, part 4.5
Duration of licence / 94 / WHS Regulation 2008
Term of licence
93 / Chapter 4, part 4.5
Licence document / 91 / WHS Regulation 2008
Grant of certificate, licence or variation of a licence
94 / Chapter 4, part 4.5
Licence document to be available / 24 / WHS Regulation 2008
Holder to make licence issued by recognised official available for inspection
95 / Chapter 4, part 4.5
Reassessment of competency of licence holder / This is a new provision for Queensland which will allow the regulator to require the competency of a licence holder to be reassessed without cancelling or suspending their licence. / No previous equivalent.
96 / Chapter 4, part 4.5
Subdivision 3 Amendment of licence document
Notice of change of address / 23 / WHS Regulation 2008
Licence holder to notify change of address
97 / Chapter 4, part 4.5
Licence holder to return licence / 124 / WHS Regulation 2008
Certificate or licence to be returned
98 / Chapter 4, part 4.5
Replacement licence document / 114 / WHS Regulation 2008
Division 4 Replacement and surrender of
certificates and licences
Replacement of certificate or licence
99 / Chapter 4, part 4.5
Voluntary surrender of licence / 115 / WHS Regulation 2008
Surrender of certificate or licence
100 / Chapter 4, part 4.5
Subdivision 4 Renewal of high risk work licence
Regulator may renew licence / 97 / WHS Regulation 2008
Renewal of licences
101 / Chapter 4, part 4.5
Application for renewal / 96 / WHS Regulation 2008
How to apply for renewal of a licence
102 / Chapter 4, part 4.5
Licence continues in force until application is decided / No previous equivalent
103 / Chapter 4, part 4.5
Renewal of expired licence / 95 / WHS Regulation 2008
Subdivision 2 Renewal of licences
When licence may be renewed
104 / Chapter 4, part 4.5
Provisions relating to renewal of licence / 95 / WHS Regulation 2008
When licence may be renewed
105 / Chapter 4, part 4.5
Status of licence during review / No previous equivalent
106 / Chapter 4, part 4.5
Subdivision 5 Suspension and cancellation of high risk work licence
Suspension or cancellation of licence / 116
123 / WHS Regulation 2008
Division 5 Suspension and cancellation of
certificates and licences
Grounds for suspension or cancellation
Requirement for retraining
107 / Chapter 4, part 4.5
Notice to and submissions by licence holder / 117 / WHS Regulation 2008
Procedure for suspension or cancellation
108 / Chapter 4, part 4.5
Matters taken into account / WHS Regulation 2008
See section 116 above
109 / Chapter 4, part 4.5
Notice of decision / 117 / Regulator is to inform the licence holder within 14 days (not 10 days) after making a decision to cancel or suspend a licence. / WHS Regulation 2008
Procedure for suspension or cancellation
110 / Chapter 4, part 4.5
Immediate suspension / 118
119 / WHS Regulation 2008
Immediate suspension of earthmoving or particular crane work certificate, licence or licence class
Further provision about immediate suspension
111 / Chapter 4, part 4.5
Licence holder to return licence document / 124 / WHS Regulation 2008
Certificate or licence to be returned
112 / Chapter 4, part 4.5
Regulator to return licence document after suspension / 124