Employers must manage fatigue the same way as any other work health and safety risk. The Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld) have no section written specifically for fatigue and do not set maximum hours for general work. The duty sits with the person conducting a business or undertaking (PCBU), which includes most employers. It comes from the primary duty of care in section 19 of the Act and the risk management steps in sections 34 to 38 of the Regulation. Heavy vehicle drivers are covered by separate fatigue rules (see below).
What does Queensland law say about fatigue?
A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers and of other people put at risk by the work (section 19(1) and (2) of the WHS Act). Section 19(3) spells out parts of that duty that matter for fatigue:
- safe systems of work (section 19(3)(c)), and how you roster and organise work is part of your system of work;
- the information, training, instruction and supervision people need (section 19(3)(f)); and
- monitoring the health of workers and the conditions at the workplace (section 19(3)(g)).
Section 17 of the Act says you must eliminate risks so far as is reasonably practicable and, if you cannot, minimise them. Section 18 explains what is reasonably practicable. The Regulation then sets the steps: identify reasonably foreseeable hazards (section 34), eliminate or minimise the risk (section 35), follow the hierarchy of control (section 36), keep controls effective (section 37) and review them (section 38). Our guide to how to identify hazards in the workplace shows how to start.
You must also consult workers who are, or are likely to be, directly affected, including when identifying hazards, deciding on controls and proposing changes (sections 47 and 49 of the WHS Act). Workers have their own duties to take reasonable care of their health and safety and not to affect other people’s, and to follow reasonable instructions (section 28).
Hours and breaks may also be affected by other workplace instruments outside WHS law, such as an applicable award or agreement. This guide covers WHS duties only, so check those separately.
Hours of work as a psychosocial hazard
The Regulation says a psychosocial hazard is one that arises from, or relates to, the design or management of work, the work environment, plant, or workplace interactions, and may cause psychological harm (section 55A). A PCBU must manage psychosocial risks under the same risk management steps (section 55C), and in choosing controls must have regard to the design of work, including job demands and tasks, and the systems of work (section 55D(2)).
The Managing the risk of psychosocial hazards at work Code of Practice 2022 (Qld) lists challenging hours of work and shift work as a psychosocial hazard, and notes that such work is associated with a greater risk of fatigue. The situations it gives include frequent night shifts or shifts longer than 12 hours, unpredictable shift patterns, regular or unplanned overtime, too little time for sleep and recovery between shifts, workers being stopped from taking breaks, and an expectation of being available out of hours. Its example controls include:
- a roster that allows a continuous seven to eight hours of sleep in each 24 hours;
- systems to manage and limit overtime;
- not letting work regularly go beyond a 12-hour shift;
- keeping safety-critical tasks to a minimum between 2am and 6am;
- adequate breaks, with some flexibility in timing where practicable; and
- reasonable notice of rosters, with consultation when rosters are designed or changed.
These are guidance in an approved code of practice, not legal limits. The code can be used as evidence of what is reasonably practicable (section 275 of the WHS Act), so they are a sound starting point when you set your own limits. The code also points readers to a WorkSafe Queensland guide on preventing and managing fatigue-related risk in the workplace.
What causes fatigue at work?
The Traffic Management for Construction or Maintenance Work Code of Practice 2008 (Qld), which covers road work, describes fatigue as mental or physical exhaustion that stops a person functioning normally, and says it is more than feeling tired. It is caused by long periods of physical or mental effort without enough time to rest and recover. How bad it gets depends on:
- workload;
- the length of the shift;
- the hours and days already worked; and
- the time of day or night worked.
Other approved codes point to extreme heat, which can reduce concentration and increase fatigue, and to long hours driving a vehicle or operating machinery. The traffic code says fatigue lowers performance and productivity and makes incidents and injuries more likely. See our guides on shift work, sleep deprivation and heat stress.
How to manage fatigue step by step
- Identify. Look at rosters, overtime, start and finish times, on-call and after-hours work, travel time and night work. List the safety-critical tasks, such as driving, operating plant, working at heights and working near energised services. Check incident and near miss records and ask your workers where they feel worn out.
- Assess. Work out which jobs, shifts and people carry the highest risk. A tired person on a forklift or a long drive is a bigger risk than a tired person at a desk.
- Control. Start with the controls higher in the hierarchy under section 36 of the Regulation. You can often reduce fatigue by changing the work itself, for example adding a crew member, spreading a job over more days or using plant to take over heavy repetitive tasks. Where a risk remains, use administrative controls such as rosters, breaks and supervision.
- Review. Check the controls work, and revise them after an incident, before a change to the work, and when workers raise concerns (section 38).
The traffic code lists these examples of fatigue controls, which you can adapt to other workplaces:
- limit night shift to the duties that must be done at night;
- schedule low risk work in high fatigue periods and complex tasks in the daytime;
- give extra supervision, especially for hazardous work;
- rotate people through repetitive or physically demanding jobs;
- have a plan to take a fatigued worker off a task where the risk is serious;
- tell workers the symptoms of fatigue and encourage them to spot early signs in workmates.
The plant code adds that the person managing or controlling plant should consider the risk from operator fitness for work, such as fatigue.
A simple fatigue management plan
A short written plan makes your decisions consistent and lets you show what you did. Set your own limits from your risk assessment, because the WHS laws do not give a figure.
| Section | What to write |
|---|---|
| Purpose and scope | Who it covers: employees, contractors, on-call staff and drivers. |
| Responsibilities | Managers set rosters and approve overtime. Supervisors watch for signs of fatigue. Workers turn up fit for work and speak up if they are not. |
| Hours and rosters | Your limits for the longest shift, the shortest break between shifts, consecutive days worked and overtime approval. |
| Breaks | Meal and rest breaks, and when work must stop for a break. |
| Night and early-morning work | Which tasks are avoided or double-checked overnight, and what supervision applies. |
| Driving and travel | Limits on driving after long shifts, trip planning and check-in arrangements. |
| Fitness for work | How a worker or supervisor raises a concern and what happens next, such as rest, reassignment or a safe trip home. |
| Signs of fatigue | Feeling sleepy, tired, weary, drowsy or exhausted, lacking energy, and work that is getting worse. |
| Records and review | Where hours are recorded, how incidents and near misses feed back, and when the plan is reviewed with workers. |
The signs row borrows from the way the Heavy Vehicle National Law describes fatigue in section 223 (feeling sleepy, tired, weary, drowsy, exhausted or lacking energy). Our fatigue management policy and procedure template sets this out ready to adapt, and the fitness for work policy template covers how to deal with a worker who is not fit to start or carry on. Pair them with our worker-facing guide on overcoming work fatigue.
Heavy vehicle drivers
Drivers of heavy vehicles (a vehicle with a gross vehicle mass or aggregate trailer mass of more than 4.5 tonnes, or a combination that includes one) are covered by the Heavy Vehicle National Law (HVNL), which applies in Queensland through the Heavy Vehicle National Law Act 2012 (Qld). Under section 228 of the HVNL, a person must not drive a heavy vehicle on a road while impaired by fatigue or unfit to drive. Chapter 6 also sets work and rest time requirements for drivers of fatigue-regulated heavy vehicles. Section 7 of the HVNL, together with the national regulations, says which heavy vehicles count as fatigue-regulated, so check yours.
The HVNL also puts a primary duty on each party in the chain of responsibility to ensure, so far as is reasonably practicable, the safety of its transport activities (section 26C). Each party must also ensure, so far as is reasonably practicable, that its conduct does not directly or indirectly cause or encourage the driver to contravene the HVNL, and that conduct includes asking, directing or requiring someone to do something and entering into a contract. Schedules and instructions that push a driver beyond the fatigue rules are therefore a risk for the business that sets them. The road transport management policy and procedure template is a place to start. If your people drive ordinary vehicles for work, the WHS duties above still apply. See our motor vehicle safety tips and the company vehicle policy template.
This guide is general information, not legal advice. Check the current law or talk to WorkSafe Queensland for your situation.
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