The Queensland WHS Act and Regulation do not mention a “hot work permit” by name, so a permit is not itself a stated legal requirement. You must still manage fire and explosion risks from hot work, and a Queensland approved code of practice describes a permit system as a control where flammable or combustible materials are present.
What counts as hot work?
The Queensland approved code of practice Managing risks of hazardous chemicals in the workplace describes hot work as any process that generates heat or a continuous stream of sparks. Its examples are grinding, welding, brazing, oxycutting and heat treatment. The same code says hot work in areas where flammable or combustible chemicals or other materials are present creates a significant risk of fire or explosion.
It also singles out one common scenario. Hot work on drums, tanks and pipes that have not been properly decontaminated is described as a common ignition scenario that has resulted in fatalities.
Is a hot work permit required by law in Queensland?
We searched the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld) for the words “hot work” and found no match. Neither instrument says “you must issue a hot work permit”. That matters, because it means the question is not “do I have a permit?” but “have I managed the fire and explosion risk, so far as is reasonably practicable?” A permit system is one well-recognised way to do that.
Here is where the law and the approved codes do touch hot work:
| Source (Qld) | What it says |
|---|---|
| Section 19 of the Work Health and Safety Act 2011 (Qld) | A person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers and others, including safe systems of work and the safe use, handling and storage of plant and substances. |
| Sections 34 to 38 of the Work Health and Safety Regulation 2011 (Qld) | Identify hazards, eliminate risks so far as is reasonably practicable, otherwise minimise them using the hierarchy of control, keep control measures effective, and review them. |
| Sections 51 and 52 of the Work Health and Safety Regulation 2011 (Qld) | Manage the risks of a hazardous atmosphere and of ignition sources in one. Section 52 does not apply if the ignition source is part of a deliberate process or activity. |
| Section 355 of the Work Health and Safety Regulation 2011 (Qld) | If an ignition source could cause a fire or explosion in a hazardous area, it must not be introduced into that area. A hazardous area is one where an explosive gas or combustible dust is present in a quantity that needs special precautions for plant, so this does not cover every hot work job. |
| Sections 62 to 77 of the Work Health and Safety Regulation 2011 (Qld) | Confined space rules, including a mandatory confined space entry permit (section 67). That is a different permit from a hot work permit. |
| Approved codes of practice (Qld) | The hazardous chemicals code describes a hot work permit system. The confined spaces, falls and scaffolding codes each mention hot work near their own hazards. |
One point to read carefully: section 52 of the Work Health and Safety Regulation 2011 (Qld) carves out ignition sources that are part of a deliberate process or activity, and planned welding or grinding may well count as that, so do not rely on section 52 alone: the general duties and Part 3.1 still apply.
Why businesses use a hot work permit system
Section 36 of the Work Health and Safety Regulation 2011 (Qld) sets out the order of control. Eliminate the risk first if you can. If you cannot, substitute, isolate or use engineering controls, then use administrative controls, then personal protective equipment. A permit is an administrative control, so it should sit behind the better options, not replace them.
Ask first whether the hot work is needed at all. The Queensland confined spaces code lists “whether hot work is necessary” among the things to consider. Could the job be done in a welding bay, or the item moved away from the flammables?
When hot work really has to happen where fuel is present, the hazardous chemicals code says a permit system is designed to eliminate or minimise the risk by controlling when and how the work is done in those areas.
When would you use a hot work permit?
Your risk assessment decides, but these are the situations the Queensland approved codes point to, plus some common site practice.
From the approved codes
- Flammable or combustible chemicals or materials nearby. This is the hazardous chemicals code’s main trigger. Think fuel, solvents, paint, gas cylinders and dust.
- Containers that have held flammables. Drums, tanks and pipes that have not been properly decontaminated.
- Confined spaces and the areas next to them. The confined spaces code warns of fire or explosion where hot work is done next to a confined space that contains a flammable atmosphere, and lists prohibiting hot work in adjacent areas as a possible control. Section 73 of the Work Health and Safety Regulation 2011 (Qld) says an ignition source must not be introduced into a confined space if it could cause a fire or explosion. See our guide to confined space risks.
- Above safety nets. The Qld falls code says no hot work like welding or oxy cutting, or any other work that may damage the safety net, should be performed above safety nets. That points to not doing the hot work there at all, rather than to issuing a permit for it.
- Near scaffold screening. The Qld scaffolding code says work near materials such as perimeter containment screening should not use possible ignition sources without appropriate protection, for example shields for hot works.
Common site practice (not stated in the codes)
- Roof work with combustible insulation, sarking or timber framing underneath.
- Grinding or cutting in a ceiling space or wall cavity where sparks can smoulder out of sight.
A workshop with a fixed welding bay, clear floors and no flammables nearby may not need a permit for each job. A written safe work procedure may be enough, or a SWMS where the work is high risk construction work. Our guide to the difference between a safe work procedure and a SWMS helps you choose.
What should a hot work permit contain?
We found no standard hot work permit form in the Work Health and Safety Act 2011 (Qld), the Work Health and Safety Regulation 2011 (Qld) or the Queensland approved codes we checked, so design one that fits your sites. The Queensland confined spaces code includes a sample permit with a hot work section covering these checks: the area is clear of all combustibles including the atmosphere, appropriate fire prevention equipment is available, there is suitable access and exit, hot work is permitted yes or no, and the flammable gas reading is below 5% of the lower explosive limit. The hazardous chemicals code also points to Australian Standard AS 1674.1 (fire precautions in welding) for further information on permit systems; a standard is not law unless a regulation calls it up.
A practical permit usually records:
- The job and location. What hot work, where, and who is doing it.
- Who authorises it. A competent person, ideally not the person doing the work, who has actually inspected the area.
- The area is cleared. Combustibles removed or protected, floors swept, openings and gaps covered, and adjacent areas checked.
- Atmosphere testing where needed. A gas test where flammable vapours could be present, recorded with the result. The 5% figure above is the benchmark used in the confined space provisions.
- Fire protection. A suitable extinguisher at hand, plus any other fire equipment the job needs.
- A fire watch. Someone whose only job is to watch for fire during the work and for a set period afterwards. This is common practice rather than something the codes spell out, but it is the control that catches smouldering.
- A time limit. A start and end time, so the permit lapses when conditions or the shift change.
- Sign-off. The worker and the authoriser sign on, and the area is inspected and signed off at the end.
If you want a ready-made layout, our hot work permit template (Word) covers these headings, and the hot work policy and procedure template sets out general precautions for welding, cutting and other hot work, including when a hot work permit is used. If the work is in a confined space, the confined space entry permit is the separate permit that section 67 of the Work Health and Safety Regulation 2011 (Qld) calls for.
The legal duties behind it
- Primary duty. Section 19 of the Work Health and Safety Act 2011 (Qld) requires a PCBU to ensure, so far as is reasonably practicable, health and safety, including safe systems of work. Section 18 explains what “reasonably practicable” weighs up.
- Risk management. Sections 34 to 38 of the Work Health and Safety Regulation 2011 (Qld): identify the hazard, eliminate or minimise the risk, keep the control measure effective (section 37), and review it before a change that could create a new risk (section 38).
- Flammables on site. Section 53 of the Work Health and Safety Regulation 2011 (Qld) requires flammable or combustible substances, including gas cylinders and waste liquids in containers, to be kept at the lowest practicable quantity for the workplace.
- SWMS. Construction work carried out in an area that may have a contaminated or flammable atmosphere is within the definition of high risk construction work in section 291 of the Work Health and Safety Regulation 2011 (Qld), and section 299 requires a safe work method statement before that work starts.
How the approved codes fit in (section 26A)
An approved code of practice is guidance rather than law in itself. But section 26A of the Work Health and Safety Act 2011 (Qld) requires a PCBU to comply with an approved code, or to manage the hazards and risks in a way that is different but provides an equivalent or higher standard of health and safety. A court can also rely on a code when deciding what is reasonably practicable (section 275). So when the hazardous chemicals code describes a hot work permit system as one way to eliminate or minimise the risk of hot work near flammables, the code is your benchmark: you either follow what it sets out for eliminating ignition sources, or you need to be able to show your alternative is at least as good.
A simple way to put it into practice
- List where hot work happens and what flammable or combustible things are nearby, using a free risk assessment template to record it.
- Remove the need for hot work where you reasonably can, or move it to a safer location.
- Decide which jobs need a permit and write the rule down in a procedure so everyone applies it the same way.
- Brief the people who authorise permits and keep watch, and keep completed permits as records.
- Review the system after any near miss or change. Our guides to using an arc welder safely and hazardous chemical management cover the equipment and storage side.
This guide is general information, not legal advice. Check the current law or talk to Workplace Health and Safety Queensland for your situation.
Templates for this job
Ready-to-edit Word and Excel templates for Queensland workplaces.
