Workplace health and safety in Queensland is governed by the Work Health and Safety Act 2011 (Qld) (the WHS Act), the Work Health and Safety Regulation 2011 (Qld) and approved codes of practice. Electrical safety has its own law, and workers’ compensation is a separate scheme run by an insurer. This guide shows how the pieces fit together and links to our guides on each one.
The Queensland WHS laws at a glance
| Law | What it covers |
|---|---|
| Work Health and Safety Act 2011 (Qld) | The main law: who owes safety duties, managing risks, notifiable incidents, consulting workers and enforcement. |
| Work Health and Safety Regulation 2011 (Qld) | The detailed rules under the Act: first aid, noise, falls, confined spaces, licences, plant, construction work, asbestos and hazardous chemicals. |
| Approved codes of practice | Practical guidance on meeting the Act and Regulation. Not law in themselves, but a PCBU must comply with an approved code or manage the risk in a way that gives an equivalent or higher standard of health and safety (section 26A of the WHS Act). |
| Electrical Safety Act 2002 and Electrical Safety Regulation 2026 (Qld) | Electrical safety duties, electrical licences and the exclusion zones around power lines. |
| Workers’ Compensation and Rehabilitation Act 2003 (Qld) | Injury claims, compensation and rehabilitation. |
The WHS Act Qld: what it requires
The main object of the WHS Act is to protect workers and other people from harm by eliminating or minimising the risks that come from work, and to provide for fair and effective workplace representation, consultation, cooperation and issue resolution (section 3 of the Work Health and Safety Act 2011 (Qld)). Everyone at a workplace shares responsibility for safety, but the duties differ:
- PCBUs (persons conducting a business or undertaking) must ensure, so far as is reasonably practicable, the health and safety of their workers, and that other people are not put at risk by the work (section 19). Most employers, contractors and self-employed people are PCBUs: see what is a PCBU.
- Officers, such as company directors and senior managers, must exercise due diligence to ensure the PCBU meets its duties (section 27).
- Workers must take reasonable care for their own safety and the safety of others, follow reasonable instructions and co-operate with reasonable safety policies (section 28).
- Other people at the workplace, such as visitors, must take reasonable care and follow reasonable instructions (section 29).
Three ideas run through the Act. Risks must be eliminated so far as is reasonably practicable and, if that is not possible, minimised so far as is reasonably practicable (section 17). What is “reasonably practicable” is worked out by weighing the likelihood and degree of harm, what you know or ought to know, the ways of controlling the risk and, last, the cost (section 18). And duty holders must consult each other and their workers (sections 46 to 49).
Notifiable incidents
A notifiable incident is a death, a serious injury or illness, or a dangerous incident (sections 35 to 37). A PCBU must make sure the regulator is notified immediately after becoming aware of one (section 38), and must keep a record of it for at least 5 years (section 38(7)). The person with management or control of the workplace must also, so far as is reasonably practicable, leave the site undisturbed until an inspector arrives or directs otherwise (section 39). Our guide to notifiable incidents in Queensland explains what counts and how to notify.
Consultation, representatives and committees
Workers can ask for an election of a health and safety representative (section 50), and a PCBU must set up a health and safety committee as soon as practicable, and no later than 28 days, after a request from a representative or five or more workers (section 75). See health and safety representatives, committees and WHS consultation.
Penalties and industrial manslaughter
Breaching a safety duty is an offence. The Act sorts offences into three categories by seriousness (sections 31 to 33), and Queensland has a separate industrial manslaughter offence for PCBUs and senior officers (sections 34A to 34D).
The Queensland WHS Regulation
The WHS Regulation fills in the detail. Queensland numbers a Regulation’s provisions as sections, although many people still say “regulation”, so we cite them as sections of the Work Health and Safety Regulation 2011 (Qld). The parts small businesses meet most often are:
- Managing risks (sections 32 to 38): identify reasonably foreseeable hazards (section 34), eliminate or minimise the risk (section 35), use the hierarchy of control measures (section 36) and review controls when needed (section 38). See how to identify hazards, when to carry out a risk assessment and the hierarchy of controls.
- First aid and emergencies: sections 42 and 43. See first aid in the workplace and emergency preparation.
- Noise, hazardous manual tasks, confined spaces and falls: sections 56 to 61, 62 to 77 and 78 to 80. See noise management, manual handling, confined spaces and fall prevention.
- High risk work licences: a licence is required to carry out high risk work (section 81).
- Construction work (chapter 6): a safe work method statement must be in place before high risk construction work starts (section 299). See high risk construction work in Queensland, what is a SWMS, what is a JSA and who is responsible for safety on a construction site.
- Hazardous chemicals and asbestos: sections 328 onward and 419 onward. See hazardous chemical management.
Approved codes of practice in Queensland
A code of practice gives practical guidance on meeting a duty. The Minister approves codes under section 274 of the WHS Act, and the Work Health and Safety (Codes of Practice) Notice 2022 lists the approved codes in its schedule 1. A code is not law in itself, but it is admissible in a prosecution as evidence of whether a duty was met, and the court may rely on it to decide what is reasonably practicable (section 275). A PCBU must comply with an approved code, or manage the risk in a different way that gives an equivalent or higher standard of health and safety (section 26A; see also section 275(4)).
Examples include the How to Manage Work Health and Safety Risks, Hazardous Manual Tasks, Excavation Work, Scaffolding, Tower Crane and Mobile Crane codes, and the Work Health and Safety Consultation, Co-operation and Co-ordination Code of Practice 2021. Queensland has not approved a general Construction work code, so for construction the Regulation’s chapter 6 is the starting point. Workplace Health and Safety Queensland publishes the current list of codes of practice.
Electrical safety law
Electrical safety sits mostly outside the WHS Act. Section 4(2) of schedule 1 to the WHS Act says the WHS Act does not apply to the extent the Electrical Safety Act 2002 (Qld) has application, and the WHS Regulation’s electrical provisions are not used. The main rules are:
- A PCBU must ensure its business is conducted in a way that is electrically safe (section 30 of the Electrical Safety Act 2002 (Qld)).
- Electrical work needs an electrical work licence, and there is a separate electrical contractor licence requirement (sections 55 and 56 of that Act).
- A PCBU must ensure, so far as is reasonably practicable, that no person, plant or thing comes within an unsafe distance of an overhead electric line, using the exclusion zone distances in schedule 2 (sections 10, 11 and 13 of the Electrical Safety Regulation 2026 (Qld)). Check distances against that schedule, not an older source.
- Electrical risks at a workplace are managed under the WHS Regulation’s risk management rules (section 12 of the Electrical Safety Regulation 2026 (Qld)).
See test and tag requirements in Queensland, electrical safety at work and working near power lines.
Workers’ compensation: WorkCover is the insurer
Workers’ compensation is a separate scheme under the Workers’ Compensation and Rehabilitation Act 2003 (Qld). WorkCover Queensland, established by section 380 of that Act, is the insurer: it deals with injury claims and rehabilitation, and it is not the WHS regulator. A compensation application is valid only if it is lodged within 6 months after the entitlement arises, although an insurer can waive that in some cases (section 131). Early reporting helps, so read why to report all injuries, incidents and near misses and why you must record workplace injuries.
Who regulates what
| Body | Role |
|---|---|
| Workplace Health and Safety Queensland (WHSQ) | The WHS regulator: inspectors, notifiable incident notices and enforcement of the WHS Act and Regulation. |
| Electrical Safety Office | Regulates electrical safety and electrical licensing under the Electrical Safety Act. |
| WorkCover Queensland | Workers’ compensation insurer: claims, compensation and return to work. |
Our guides by topic
- Who owes what: what is a PCBU, what a competent person means and building a WHS management system.
- Managing risk: identifying hazards, job safety analysis and the hierarchy of controls.
- High risk work: high risk construction work and SWMS or JSA: what is the difference.
- Incidents and consultation: notifiable incidents and health and safety representatives and committees.
- Electrical: test and tag.
Putting the law into practice
A written system turns these duties into daily habits. The WHS Manual Template sets up a full safety management system (see also our WHS management systems and industry WHS manuals), the Policies and Procedures Pack covers the policies most businesses need, and the Free Work Health & Safety Policy Template is a free place to start. The benefits are practical: fewer incidents and injuries, better morale and productivity, a stronger reputation, and savings from avoiding accidents and claims.
In Queensland, workplace health and safety is more than a legal obligation: it is a commitment to valuing and safeguarding people.
This guide is general information, not legal advice. Check the current law or talk to Workplace Health and Safety Queensland for your situation.
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