2 December 2024
On 29 November 2024, the state government passed the following changes to the Work Health and Safety Act (WHS Act) 2011:
- A requirement for work health and safety (WHS) entry permit holders (union officials) to provide at least 24 hours’ notice of entry before entering into a workplace to investigate a suspected contravention of WHS legislation, except in circumstances where there is an immediate or imminent risk;
- Remove the recently introduced provisions that specify that permit holders and HSR’s can take photos, videos, measurements and conduct tests in relation to suspected contraventions; and
- Clarify that elected and trained Health and Safety Representatives (HSRs) can issue cease work notices to workers only, removing the recent change where HSRs could issue cease work directions to persons conducting business or undertaking (PCBU).
When directing workers to cease unsafe work, HSRs are still required to:
- First consult with the PCBU to attempt to resolve the health and safety issue, unless it’s unreasonable to conduct consultation because of the serious and immediate nature of the risk
- Prepare compliant written cease work notices
- Post the notices in a prominent place for all workers to see, and
- Provide a copy of the cease work notice to the PCBU.
For further information or advice on these changes, please contact the Master Builders WHS team for free and immediate assistance.
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