Work Health and Safety Board and committees

The Work Health and Safety Board (Board) met on 12 February 2025.

Mr Michael Hart, appointed Chair of the Board by the deputy Premier and Minister for Industrial Relations, the Hon. Jarrod Bleijie MP on 25 January 2025, opened the meeting and welcomed members.

Reports

Members noted progress by the Office of Industrial Relations (OIR) on operational elimination of a dual incident notification process with the Queensland Building and Construction Commission (QBCC). Members also noted an announcement by the Minister for Housing and Public Works and Minister for Youth, the Hon. Sam O'Connor MP, to amend the QBCC legislation to remove duplicate workplace safety notification requirements – see MEDIA STATEMENT: Building Reg Reno making it easier to build in Queensland - Ministerial Media Statements.

Members discussed a range of matters including:

• quad bike safety –agreeing that further discussion of the matter will be informed by an expert presenter at the May meeting
• feedback provided on OIR’s draft campaign material on i) heat stress and ii) the requirements for the passenger ropeways and amusement devices logbooks
• the HSR Course training redesign – referring the matter to the HSR Working Group.

Ms Donna Heelan, the Deputy Director-General of OIR, provided an update noting:

• The RAPID inspectorate database rollout is now live.
• WHSQ proactive compliance campaigns for 2025 and the finalisation of campaigns in 2024 on i) construction and ii) recreational industry amusement devices.
• Preliminary results of a 2024 asbestos management (dust and fume work-related health and safety hazards and risks) campaign are available on the WorkSafe website (Asbestos campaign monitors compliance | WorkSafe.qld.gov.au) while a full evaluation is underway.
• the finalisation of a Remote and Indigenous Communities Plan to pilot targeted engagement in remote and Indigenous communities.
• a new approach to proactively working with the agriculture sector which involves a new cross-divisional group in OIR and the sharing of safety campaigns, initiatives and communications through the Department of Primary Industries’ Queensland Agriculture and Fisheries Industry Engagement Network.
• WHSQ provided input into the development of Safe Work Australia’s newly launched interactive data tools (Work health and safety data reporting | dataswa) which helps organisations better assess, measure and report on their WHS performance.
• The annual regulatory performance self-assessment for each regulator (Industrial Relations, Workers’ Compensation Regulatory Services, Electrical Safety Office, WHSQ) is available online at OIR Regulatory Performance Self-Assessment Reports | WorkSafe.qld.gov.au.

Members considered reports presented by the OIR Executive Directors including:

• advice on identifying public sector PCBUs
• Queensland fatalities and enforcement notices reports
• Policy and legislative updates noting:
  • The 1 January 2025 commencement date of:
    • certain provisions of the Electrical Safety and Other Legislation Amendment Regulation 2024
    • the Work Health and Safety (Amenities for Construction Work) Amendment Regulation 2024
  • the DDG’s exemption decision for engineered stone reinstallation – see Exemptions to the regulation | WorkSafe.qld.gov.au
  • upcoming code of practice reviews and updates at state and national level
  • the publication of guidance materials on managing the risk of sexual harassment and sex or gender-based harassment at work – at Sexual harassment and sex or gender-based harassment | WorkSafe.qld.gov.au
• the Enforceable Undertakings annual report for 2023-24.

Presentations

• Mr Jim Huemmer of Shiftwork Solutions presented on shift work and outlined its attributes, employee preferences relating to aspects of shift work, employment and safety.

The next meeting of the Board is scheduled for 7 May 2025.

The Work Health and Safety Board (Board) met on 27 November 2024.

Mr Craig Dearling was elected as chair for the meeting and welcomed members and guests.

Presentations

Board member, Ms Amy Sproule, presented on magnetic safety in the food industry, noting industrial magnets are needed to meet legislative and auditing requirements to ensure food produced is safe for consumption; and highlighting the need for guidance on industrial magnet safety and workplace implementation considerations.

Board member, Mr Michael Pennisi, provided an overview of WorkCover Queensland serious injuries data and trends, noting the increase in accepted primary mental health claims. Members discussed issues which may account for the trends (including normalisation of discussion about and reporting of mental health issues in society) and noted the rising prevalence of exposure to occupational violence.

The Board was joined by Electrical Safety Commissioner, Mr Keith McKenzie, who outlined the Electrical Safety Plan for Queensland 2023-2027, and spoke about educational and compliance-based initiatives to raise awareness and build electrical safety in Queensland workplaces and communities.

Reports

Members noted progress by the Office of Industrial Relations (OIR) on a non-legislative dual incident notification process with the Queensland Building and Construction Commission, including in-principle agreement by both Regulators and further consideration of operational matters.

The Board continues to work closely with the Industry Sector Standing Committees and received reports on their November meetings. The Reports included feedback on enhancing OIR’s external engagement and information provision mechanisms to build enhanced compliance; and advice about the rising incidence of occupational violence (where the aggressor is not a worker) in healthcare, education and retail industry sectors. The Board retains a focus on the development of recommendations on addressing work-related violence and aggression in Queensland workplaces, in circumstances where the aggressor is not a worker.

Board members acknowledged that heat stress is a wide-spread and complex issue affecting many industries and continue to promote the need for detailed and practical guidance for all businesses about how to manage associated risks.

Board members further considered their forward plan and will progress the development of a longer-term strategic plan in 2025.

Ms Janene Hillhouse, the Acting Deputy Director-General of OIR, provided an update noting:

• key strategy implementation (including WHSQ and Electrical Safety Office (ESO) Our Regulatory Approach; Work Health Safety Queensland Priority Plan 2024-2030; Worker Consultation, Representation and Participation Strategy 2024-2027)
• WHSQ proactive compliance campaigns
• rollout of the new WHSQ and ESO inspectorate database which will enable improved data accuracy, greater governance and modern online tools for inspectors.
• release of guidance to help the public understand changes to work health and safety laws from the Work Health and Safety and Other Legislation Amendment Act 2024 (WHSOLA Act).

Members considered reports presented by the OIR Executive Directors including:

• awareness and compliance activities and policy development work relating to heat stress
• Safe Work Australia (SWA) and Heads of Workplace Authorities (HWSA) updates
• Queensland fatalities and enforcement notices reports
• Policy and legislative updates.

The next meeting of the Board is scheduled for 12 February 2025.

The Work Health and Safety Board (Board) met on 7 August 2024.

The Chair, Ms Linda Lavarch, congratulated Ms Sarah Beaman of the Queensland Nurses and Midwives’ Union and Mr Rohan Webb of the Australian Manufacturing Workers’ Union on their recent appointment to the WHS Board. Mr Michael Pennisi, CEO of WorkCover Queensland, was appointed to the WHS Board in June.

Presentations

A main focus of the meeting was the increasing prevalence of occupational violence and sexual harassment across workers in education, retail and health sectors. Presentations were led by Board members, Mr Brendan Crotty of the Queensland Teachers Union, Ms Lindsay Carroll of the National Retail Association and Ms Sarah Beaman of the Queensland Nurses and Midwives’ Union. Common issues raised included instances of violence where the aggressor is not a worker; substantial underreporting of events and internal policy conflicts that compromise workplace safety. The importance and difficulties in immediate reporting was also raised, as well as repeated incidences with the same perpetrator both within and outside hours of work. The conflict between the rights of recipients of services (such as customers, patients and students) and the need for a safe workplace was raised across sectors. The discussion also included the success of de-escalation programs and the need for more accessible training.

Recognising the complexity and multifaceted nature of addressing occupational violence and sexual harassment, the Board supported convening a broad-based stakeholder roundtable to develop recommendations on addressing work-related violence and aggression in Queensland workplaces under the work health and safety legislative framework in circumstances where the aggressor is not a worker.

Reports

The Board’s HSR Working Group provided feedback and recommendations on the Office of Industrial Relations’ implementation strategy of the Worker Consultation, Representation and Participation Strategy 2024 – 2027. The WHS Board also endorsed the terms of reference for HSR Working Group.

Members discussed dual incident reporting requirements for the same incident under the WHS Act and the Queensland Building and Construction Commission Act 1991. The Office of Industrial Relations (OIR) advised it will investigate a non-legislative solution.

Members acknowledged an asbestos paper provided by OIR which set out the authority, roles and responsibilities of agencies for aspects of asbestos removal and enforcement. Members noted OIR’s commitment to review WHS Regulations in light of the Queensland Health review of the 10 sq.m. asbestos removal rule contained in public health legislation.

The Board continues to work closely with the Industry Sector Standing Committees and received reports on their July meetings as well as feedback on a heat stress information paper.

Ms Donna Heelan, the Deputy Director-General of OIR, provided an update noting:

• The launch of the Safer Workplaces campaign
• Sex work – Work health and safety Guidance 2024 release
• WHSQ adding the new hazardous chemicals database HazDat into its evidence-base to guide regulatory work

The next meeting of the Board will be held on 27 November.

The Work Health and Safety Board (Board) met on 8 May 2024.

The Hon. Grace Grace MP, Minister for State Development and Infrastructure, Minister for Industrial Relations, Minister for Racing, joined the meeting and thanked members for their work on the Board and expressed how she values the Board’s advisory role and the relationship between the department, regulator and the Board.

Minister Grace congratulated the Board on assisting in the development of the ‘Managing the risks of psychosocial hazards at work’ code of practice; its work on the scope of incident notification which helped Queensland’s input into national discussions and the Board’s intention to focus on heat stress.

Minister Grace elaborated on Government priorities including implementing the recommendations of the WHS Act review and the Electrical Safety Act review as well as empowering worker representatives to do their work.

Presentations

The Board was joined by WHS Prosecutor, Mr Simon Nicholson, who provided an overview of the 2022-23 Annual Report of the Office of the Work Health and Safety Prosecutor. Mr Nicholson discussed prosecutions, particularly industrial manslaughter prosecutions and his recommendations in his report ‘Review to examine the scope and application of the industrial manslaughter provisions in the Work Health and Safety Act 2011’.

WHS Board member, Associate Professor Rebecca Loudoun, was joined by Dr Amanda Briggs, Dr Adam Robertson (both Griffith University) and Mr Nick Thompson (Mates in Construction) to present a ‘Systematic review of the Australian building and construction industry blueprint for better mental health and suicide prevention’ paper. This paper was considered a good example of a whole industry approach taken to mental health as the approach drives change at the highest level in an organisation, develops guidance and consistent approaches, shares knowledge in recognition of the high degree of movement across workplaces.

Dr Peta Miller outlined the evidence-based approach used to inform resource allocation for the Workplace Health and Safety Queensland Priority Plan 2024-2030.

Reports

The Chair advised members that the Minister had endorsed the Board’s terms of reference. Members endorsed the terms of reference for Industry Sector Standing Committees (ISSCs) which had been modelled on the Board’s terms of reference. Members noted the draft minutes of the first meetings of the six ISSCs and the critical risks identified by ISSCs.

Mr Peter McKay, the Deputy Director-General of the Office of Industrial Relations (OIR), provided his update noting the efforts undertaken by OIR and the Department of Environment and Science to trace asbestos-contaminated soil; and the work of Safety Advocates, a free

service for businesses to help raise awareness of the importance of work health and safety and the impacts when incidents happen.

Members considered reports presented by the OIR Executive Directors including:

• Worker Consultation, Representation and Participation Strategy 2024 – 2027;
• Incident Notification National Review update;
• Heat Stress Information Scan noting the use of a 3-stage risk assessment for heat stress;
• Queensland Fatalities and Enforcement Notices reports;
• Policy and legislative updates.

The next meeting of the Board will be held on Wednesday, 7 August 2024.

The Work Health and Safety Board (Board) met on 21 February 2024. The following key items were considered by the Board:

Presentations

The Board was joined by State Coroner Terry Ryan who provided a presentation on the Queensland coronial system with a focus on work health and safety (WHS) incidents. The State Coroner discussed the purpose of the coronial system and issues faced by coroners. The Board discussed investigations relevant to work health and safety including the broader system failures and where the Board can assist in the process.

Mr Greg Quinn joined the meeting to discuss the independent review (Review) of Workplace Health and Safety Queensland (WHSQ). Mr Quinn, the former Managing Director of Hutchinson Builders and a former WHS Board Chair, has been commissioned by the Queensland Government to lead the Review. The purpose of the independent review is to ensure that WHSQ’s practices and processes are best practice and contemporary, reflecting stakeholder and community expectations. Mr Quinn provided an overview of his approach to the Review and advised he values the opportunity to engage Board members and their organisations as sounding boards.

Reports

The Chair advised members that Minister Grace had appointed members to the six Industry Sector Standing Committees for the term of 15 February 2024 to 12 September 2026.

Mr Peter McKay, the Deputy Director-General of the Office of Industrial Relations (OIR), provided his update noting the completion of the WHSQ and Electrical Safety Office (ESO) Regulatory Approach which establishes the overall framework applied by WHSQ and the ESO to influence the compliance behaviour of individuals and businesses with duties under Queensland’s work health and electrical safety laws. The approach has been developed in consultation with the WHS Board.

Members considered reports presented by the OIR Executive Directors including:

• Development of a new style of Business Intelligence compliance reporting to include an overlay report outlining what the regulator is observing and undertaking;
• Queensland Fatalities and Enforcement Notices reports;
• Policy and legislative updates including that the WHS Amendment Bill had been referred to the Education, Employment and Training Committee for consideration.

The Board discussed the need and requirements for further codes of practice including further discussion on heat stress.

The next meeting of the Board will be held on Wednesday, 8 May 2024.

The Work Health and Safety Board (Board) met on 22 November 2023  with the Chair, Ms Linda Lavarch, welcoming members to the first meeting of  the new Board.

The Chair facilitated discussions  that focused on establishing a foundation for the Board’s three-year term  including:

• Endorsing the Board terms of reference, a key governance  document which has been developed to support the operations of the Board;
• Establishing a working group to undertake preliminary planning  to develop the Board’s strategic plan;
• Identifying topics for strategic presentations at future Board  meetings noting strong interest in psychosocial, occupational violence and HSR  issues;
• Update on the three Focus Groups of the previous Board which  were established to engage and discuss identified issues.
• Reviewing the reporting to enable the Board to undertake its  legislative function; and
• Approving the Board 2024 meeting schedule.

Mr Peter McKay, the  Deputy Director-General of the Office of Industrial Relation (OIR), outlined  his plans for positive cooperation between the Board and OIR. Mr McKay advised  that OIR can support the Board’s deliberations to advise the Minister by  providing a regulator dashboard report with key indicators of system  performance as well as OIR’s intelligence and analysis to assist with discussions  on topics.

Members considered reports presented by the OIR  Executive Directors including:

• The Queensland Fatalities report (January to June 2023) noting OIR  will pilot a new style of Business Intelligence compliance reporting to assist  the Board to focus on strategic matters;
• Policy and legislative updates advising the progress on the WHS  Act review Bill and priorities for the development of codes of practice; including  the impact of the Managing the risk of psychosocial hazards at work Code of  Practice 2022 and the Amusement Devices Code of Practice 2023 which reflects  the finalisation of all requirements from the Dreamworld coronial inquest;
• A Safe Work Australia (SWA) update noting SWA is the national policy  group for WHS and has a comprehensive unit which develops policy.
• The Service Delivery Transformation (SDT) Program update, an  ICT-enabled program which will transform the core service delivery functions of  OIR which is planned to go-live by end 2024.

The next meeting of the Board will be held on Wednesday, 21  February 2024.

The Work Health and Safety Board (Board) met on 5 July 2023, the last meeting for the current Board, as the term concluded on 12 July 2023.

Mr Peter McKay, the new Deputy Director-General of the Office of Industrial Relation (OIR) joined the meeting to discuss the Board’s Strategy Map and the relationship and support for the Board and OIR. Mr McKay outlined his plans for positive cooperation between the WHS Board and OIR and the importance of data to inform strategy.

The Commissioner for Electrical Safety and the Chair of the Electrical Safety Board (ES Board), Mr Keith McKenzie, attended part of the Board meeting as a guest to foster greater collaboration on enhancing WHS outcomes for all Queenslanders.

The Board discussions included the benefit of the development of a one-year Work Health and Safety Strategic Plan to support the development of a five-year strategic plan. The Board approved the WHS Board’s terms of reference, a key governance document which has been developed to support the operations of the Board. The Board continued discussions for a WHS legacy for the 2032 Olympic and Paralympic Games and a joint discussion will be recommended for the new Board with OIR.

Members considered reports provided by the Board’s three Focus Groups including:

• The Psychological Health and Safety Focus Group tabled its concluding report noting the successful work completed with OIR in supporting the implementation of the Managing the risk of psychosocial hazards at work Code of Practice (Code) which came into force on 1 April 2023.
• The Regulatory Capability and Performance Focus Group presented a report on “Work Health and Safety Inspectorates’ Approaches to Inspector Training and Capacity Building” with the aim to contribute to the debate on how OIR can best build the capability of the Queensland work health and safety inspectorate. The Focus Group identified issues for the incoming Industry Sector Standing Committees to review with the aim to improve the provision of information by the regulator to businesses, undertakings, workers, employer associations and unions. Members agreed the Focus Group should now conclude with a new focus group established in the new term to concentrate on one of the specific short-term issues identified for further work by the Regulatory Capability and Performance Focus Group.
• The Board supported a report from the Worker Consultative Arrangements (including Health and Safety Representatives) Focus Group be provided on OIR’s draft Worker Consultation, Representation and Participation Strategy 2023-2026.

As this meeting was the last meeting of the Board’s current term - which concludes on 12 July 2023 - members reflected on progress made against its Strategy Map and advice for the Minister, incoming Board and OIR.

The WHS Board Chair, Mr Jorgen Gullestrup, thanked members for their dedication and contribution over the past three years.

The next meeting of the Board will be set after the appointment of the new WHS Board.

At the Work Health and Safety Board (Board) meeting held on 27 April 2023, the Board met with the Electrical Safety Commissioner, Mr Keith McKenzie, and the acting Deputy Director-General of the Office of Industrial Relation (OIR), Ms Megan Barry.  The Board discussed proposed work on the development of a Work Health and Safety Strategic Plan and heard about progress made by the Board’s Psychological Health and Safety Focus Group and the Regulatory Capability and Performance Focus Group which were established in December 2022, as well as the first meeting of the Worker Consultative Arrangements (including Health and Safety Representatives) Focus Group.

The Commissioner for Electrical Safety and the Chair of the Electrical Safety Board (ES Board), Mr Keith McKenzie, attended part of the Board meeting as a guest speaker. The Board valued the opportunity to meet with Commissioner McKenzie and received an update on the ES Board’s key focus areas and work towards a proposed new ES Board strategic plan, while also exploring key trends, matters of mutual interest and opportunities for the WHS Board and ES Board to work more closely in the future. The Board has extended Commissioner McKenzie a standing offer to attend future Board meetings to foster greater collaboration on enhancing WHS outcomes for all Queenslanders. Opportunities for hosting regular joint WHS Board and ES Board meetings was also considered beneficial.

The acting Deputy Director-General of OIR, Ms Megan Barry, engaged in a wide-ranging discussion with the Board and discussed interim arrangements for the Deputy Director-General role until a permanent Deputy Director-General can be appointed later in the year.

At its fourth meeting on 12 April, the Psychological Health and Safety Focus Group continued discussions with OIR and the Office of the Work Health and Safety Prosecutor about supporting the implementation of the Managing the risk of psychosocial hazards at work code of practice (Code) which commenced on 1 April.  Discussions focused on the importance of effective workplace consultative arrangements and supporting employers and workers (including HSRs) manage this risk in line with this Code. The group’s next meeting is scheduled for 8 June.

The Regulatory Capability and Performance Focus Group’s third meeting on 19 April discussed matters relating to good practice inspector training. The Group’s next meeting is scheduled for 31 May.

As noted in the WHS Board’s September 2022 update, the Board agreed to establish a working party on ‘Worker Consultative Arrangements’ (including Health and Safety Representatives) in early 2023. The first meeting was held on 20 April and agreed on two focus areas, namely, Accountability for inspector obligations with worker representatives; and Operationalisation of an optimal Health and Safety Representatives framework. The next meeting is scheduled for 14 June.

The Board’s February 2023 update foreshadowed a Board ‘deep dive’ into the prosecution process from incidence of work-related fatality to a brief being provided to the WHS Prosecutor with a focus on industrial manslaughter and pure-risk based offences. The purpose of the ‘deep dive’ was to better understand the process and whether recommendations for improvements could be provided by the Board.  The WHS Board Chair will work with the Deputy Director-General, OIR, to formulate an approach to further explore this issue.

The next full meeting of the Board is scheduled for 5 July 2023. As the July meeting is the last meeting of the Board’s current term which concludes on 12 July 2023, members discussed future strategy items in preparation for the appointment of a new Board.

At the Work Health and Safety Board (Board) meeting held on 28 February 2023, the Board focussed on progress made by the Board’s Psychological Health and Safety Focus Group and the Regulatory Capability and Performance Focus Group and opportunities for ongoing engagement and collaboration with the Office of Industrial Relations (OIR) on these priorities. The Board discussed the implementation of the Managing respirable crystalline silica dust exposure in construction and manufacturing of construction elements Code of Practice 2022 that commences on 1 May 2023 and agreed that silica is a risk for all industries. Members also noted that the Federal Workplace Relations Minister Tony Burke issued a statement that day advising that he and his state and territory counterparts have asked Safe Work Australia to consider what a future ban on engineered stone would look like, with that the group also making a decision on prohibiting it at a later stage. The Board will continue to take a direct interest in this significant issue in the months ahead.

At its third meeting on 22 February, the Psychological Health and Safety Focus Group had collaborative and constructive discussions with OIR and identified challenges and possible solutions for effective implementation of the Managing the risk of psychosocial hazards at work Code of Practice that commences on 1 April 2023. The group’s next meeting is scheduled for 12 April.

The Regulatory Capability and Performance Focus Group has met twice, with its next meeting to be held on 15 March 2023. At the February Board meeting members agreed to three focus areas as the most important matters to progress in the coming months. As part of the skills and capabilities focus area, the Board agreed to hold a ‘deep dive’ in April to examine and identify best-practice skills and capabilities (and processes) for WHSQ inspectors and investigators to build a case for work-related fatalities prosecutions and pure ‘risk-based’ prosecutions.

As noted in the WHS Board’s September 2022 update, the Board agreed to establish a working party on ‘Worker Consultative Arrangements’ (including Health and Safety Representatives) in early 2023. At the February meeting members confirmed the working party’s membership and agreed that its first meeting will be scheduled in the near future.

Mr Simon Nicholson, who was appointed as Queensland’s Work Health and Safety Prosecutor in October 2022, attended part of the Board meeting as a guest speaker. The Board valued the opportunity to meet with Mr Nicholson to receive an update on prosecutions launched and important decisions, as well as key trends and aspects of legislation that the WHS Prosecutor considers should be brought to the Board’s attention. The Board has invited Mr Nicholson to provide an update to the Board every six months.

The Deputy Director-General of OIR, Ms Kym Bancroft, also attended part of the meeting. Positive discussions between the Board and Ms Bancroft focused on the Board’s future consideration about developing a new Five-Year Strategic Plan for WHS in Queensland and the Office of Industrial Relations’ proposed Priority Plans and opportunities to work together to deliver greater alignment across these plans.

The next full meeting of the Board is scheduled for 27 April 2023.

Michael Hart is a dedicated community leader, accomplished professional and former Member for Burleigh in the Queensland Parliament.

He spent over 20 years as an aircraft engineer with East West Airlines and Ansett, also serving as a union representative for the Australian Licensed Aircraft Engineers Association (ALAEA), advocating for workplace safety and employee rights. Transitioning into entrepreneurship, Michael successfully ran an engineering company for over 15 years and managed a chain of retail shops. He is also a graduate of the Australian Institute of Company Directors.

Michael has supported local communities by contributing to numerous volunteer organisations including Surf Life Saving Queensland, Rotary and Chambers of Commerce. As an MP, Michael held Shadow Ministerial roles, including Shadow Minister for Energy, Water Supply, Housing and Public Works and served on various parliamentary committees.