Workplace Health & Safety
Employment Law
Key Takeaway
We provide comprehensive advice and representation to employers, directors, officers, and workers on all aspects of workplace health and safety under the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld).
We provide comprehensive advice and representation to employers, directors, officers, and workers on all aspects of workplace health and safety under the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld). Our practice covers the full range of WHS obligations from the primary duty of care through to incident response, investigation, regulatory enforcement, and development of compliant WHS management systems. We advise on the interaction between WHS obligations and other legal frameworks including the Electrical Safety Act 2002 (Qld), the Workers Compensation and Rehabilitation Act 2003 (Qld), and the Fair Work Act 2009.
Our proactive advisory services include WHS compliance audits and gap analyses, assessing clients' management systems against requirements of the WHS Act, Regulation, codes of practice, and Australian Standards. We advise on development and implementation of WHS management systems and assist in preparing policies, procedures, and safe work method statements. Our training services include WHS training for directors and officers on due diligence obligations and for managers on WHS responsibilities. Our incident response and investigation services help clients manage incidents effectively, preserve evidence, comply with notification obligations, and prepare for potential regulatory action.
Primary Duty of Care & Reasonably Practicable Standard
The primary duty of care under section 19 of the WHS Act imposes a broad obligation on persons conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers and others affected. This covers provision and maintenance of safe plant and structures, safe handling of substances, adequate facilities, information and training, and monitoring of worker health. The concept of reasonably practicable considers likelihood of the risk, degree of harm, knowledge about the risk, availability of control measures, and whether cost is grossly disproportionate to risk.
Incident Response, Investigation & Regulatory Enforcement
Following a WHS incident, the immediate response can significantly affect legal and regulatory outcomes. Our incident response advice covers securing the incident site, preserving evidence, providing medical treatment, notifying Workplace Health and Safety Queensland of notifiable incidents, and supporting affected workers. We advise on notification obligations including timing and method. Our investigation practice includes conducting internal WHS investigations to identify root causes, assess compliance, and develop corrective actions. We manage investigations to protect legal professional privilege where appropriate.
WHS Management Systems & Risk Management
An effective WHS management system is essential for compliance and systematic management of risks. We advise on development, implementation, and review of WHS management systems including WHS policy, risk management processes using the hierarchy of controls, consultation and participation mechanisms, incident reporting and investigation procedures, training and supervision, and contractor management. Our risk management advice covers identification of physical, chemical, biological, and psychosocial hazards, risk assessment, implementation of control measures, and monitoring and review of controls.
Officer Due Diligence & Personal Liability
The WHS Act imposes a personal duty on officers to exercise due diligence to ensure the PCBU complies with its WHS obligations. Officers include directors, secretaries, and senior managers. The duty requires taking reasonable steps to acquire knowledge of WHS matters, understand hazards and risks associated with the business, ensure appropriate resources and processes for eliminating or minimising risks, ensure processes for receiving information about incidents and responding in a timely manner, and verify implementation and effectiveness of WHS processes.
Workplace Health & Safety FAQs (Queensland Law)
What is the WHS Act 2011 (Qld)?
At our firm, the Work Health and Safety Act 2011 (Qld) is the primary workplace health and safety legislation in Queensland. It establishes duties of care for persons conducting a business or undertaking (PCBU), officers, workers, and others at the workplace.
What are PCBU duties under the WHS Act?
At our firm, if you are a PCBU has a primary duty to ensure the health and safety of workers and others affected by the work, so far as is reasonably practicable. This includes providing safe systems of work, plant and structures, and information, training, and supervision.
What is officer liability under section 27 of the WHS Act?
At our firm, officers (including company directors) have a duty to exercise due diligence to ensure the PCBU complies with its WHS obligations. Failure can result in penalties up to ,000 for individuals and .5 million for corporations.
What is the incident notification requirement?
Under the WHS Act, our team advises that a PCBU must notify Workplace Health and Safety Queensland (WHSQ) immediately after becoming aware of a notifiable incident, including death, serious injury or illness, or dangerous incident. Notification must occur within 48 hours.
What are improvement and prohibition notices?
At our firm, WHSQ inspectors can issue improvement notices requiring a contravention to be remedied within a specified period, and prohibition notices prohibiting an activity that involves an immediate risk to health or safety. Non-compliance is an offence.
Workplace Health & Safety Services
- Advice on the primary duty of care under section 19 of the WHS Act and the reasonably practicable standard
- Director and officer due diligence obligations including development of due diligence frameworks and verification
- Incident response including site management, preservation of evidence, and notification to Workplace Health and Safety Queensland
- Management of WHS regulatory investigations including interaction with inspectors and preparation of responses
- Appeals against improvement notices, prohibition notices, and other WHS enforcement instruments
- WHS prosecution defence for Category 1, 2, and 3 offences including representation in the QIRC and higher courts
- Development and implementation of WHS management systems including policies, procedures, and risk management frameworks
- WHS compliance audits and gap analyses including detailed reporting and recommendations for improvement
- Health and safety representative and health and safety committee establishment, training, and consultation processes
- Incident investigation including root cause analysis, corrective actions, and privileged investigation reports
- Contractor management including safe work method statements, WHS due diligence, and compliance verification
- Advice on codes of practice, Australian Standards, and industry-specific WHS requirements and guidance materials
Last updated: July 2026
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