No. The Work Health and Safety Act 2011 (Qld) does not make a business employ a safety officer, and hiring one does not move the legal duty off the business. “Safety officer” can mean an “officer” with due diligence duties, a safety job, or a formally appointed work health and safety officer.
Search for “WHS officer” and the same words cover very different roles, and legal duties attach to some but not others. This guide separates them, then covers what a safety officer usually does in a small business, whether you need one and how to choose one. Anything labelled common practice is practice, not law.
Four roles that get mixed up
| Role | Where it comes from | What it is |
|---|---|---|
| Officer (legal term) | Section 27 of the Act and the dictionary in schedule 5 | Someone who must exercise due diligence so the business meets its duties. |
| Work health and safety officer (formal appointment) | Part 5A of the Act and Chapter 2A of the Work Health and Safety Regulation 2011 (Qld) | A person a business may appoint who holds a certificate of authority, with functions set by the Act. |
| Safety officer, adviser or coordinator (a job) | Your own business | Someone whose job, or part of it, is helping the business manage safety. The Act, Regulation and codes we checked do not define a role by that name. |
| Health and safety representative | Part 5, Division 3 of the Act (from section 50) | A worker chosen by their work group to represent workers on safety matters. |
What “officer” means under the Act
Under section 27(1) of the Work Health and Safety Act 2011 (Qld) (the WHS Act), if a person conducting a business or undertaking (PCBU) has a duty under the Act, an officer of the PCBU must exercise due diligence to ensure the PCBU complies with it. Section 4 points to the dictionary in schedule 5, which defines officer by reference to section 9AD of the Corporations Act 2001 (Cth) (other than a partner in a partnership), officers of the State, Commonwealth or another State, and officers of a public authority, other than an elected member of a local government acting in that capacity.
The Corporations Act definition is not in the library we checked, so this guide does not summarise it. If you are unsure whether you or a colleague is an “officer”, check that definition or ask Workplace Health and Safety Queensland. It turns on the legal definition, not on a job title such as “safety officer”. Section 27(5) says due diligence includes taking reasonable steps:
- to acquire and keep up-to-date knowledge of work health and safety matters;
- to understand the nature of the operations and generally the hazards and risks associated with them;
- to ensure the PCBU has, and uses, appropriate resources and processes to eliminate or minimise risks;
- to ensure the PCBU has appropriate processes for receiving and considering information about incidents, hazards and risks and responding in a timely way;
- to ensure the PCBU has, and implements, processes for complying with its duties under the Act; and
- to verify the provision and use of those resources and processes.
An officer can be convicted of a section 27 offence whether or not the PCBU has been convicted (section 27(4)).
The duty stays with the business
The primary duty of care sits with the PCBU. Section 19 of the WHS Act requires it to ensure, so far as is reasonably practicable, the health and safety of its workers and that other people are not put at risk from the work, including a safe work environment, safe plant, safe systems of work and the information, training, instruction and supervision needed. See what is a PCBU if the term is new.
A safety officer does not take that over. Section 103H says appointing a work health and safety officer does not affect any duty or obligation the PCBU owes under the Act. Workers, including a worker who is also the safety officer, have their own duties under section 28: to take reasonable care for their own health and safety, to avoid adversely affecting others, to comply so far as reasonably able with reasonable instructions, and to co-operate with reasonable notified policies and procedures.
The formal work health and safety officer in Queensland
Part 5A of the WHS Act sets up a formal role. Section 103A says a PCBU may appoint, as a work health and safety officer, a person who holds a certificate of authority, and a PCBU may appoint themselves. The wording is “may”, so appointment is optional.
The certificate. Under Chapter 2A of the Work Health and Safety Regulation 2011 (Qld), a person applies to the regulator (section 31B). The regulator may grant a certificate if satisfied the applicant has completed an approved work health and safety officer course or recertification course, or has the qualifications or experience needed to perform the officer’s functions (section 31C). An approved registered training organisation can also grant one after an approved course (section 31D). A certificate expires 5 years after the day it is granted (section 31F). This guide does not recommend a provider or course; the regulator publishes what is approved.
What the officer does. If the officer is not the PCBU, section 103B lists functions including:
- notifying the PCBU about work health and safety matters;
- identifying hazards and risks and reporting them to the PCBU in writing;
- immediately notifying the PCBU of any incident they know of, and of any immediate or imminent risk;
- investigating, or assisting with the investigation of, incidents;
- accompanying and assisting an inspector during an inspection; and
- establishing educational and training programs on work health and safety.
Section 103C gives a shorter list where the officer is the PCBU. Under sections 103D and 103E, a work health and safety officer must assess risks at least every 12 months (or at intervals agreed with a health and safety committee, if there is one) and prepare an assessment report with recommendations on any risks found, giving a copy to the PCBU (if the officer is not the PCBU) and the committee, if any, within 30 days after the assessment.
What the business must do if it appoints one. Section 103F includes giving the officer information about risks, consulting them on proposed changes to workplace practices so far as is reasonably practicable, letting them inspect and assess during normal working hours, taking appropriate action on what they notify, providing reasonably necessary resources and assistance, and keeping each assessment report for at least 5 years. Section 103I requires an up-to-date list of the officers to be displayed within 5 days of an appointment, where workers can see it. A health and safety committee must include the officer if there is one at the workplace (section 76).
Section 103F applies where a PCBU “has appointed another person as a work health and safety officer”. A person who is only called “the safety officer” in your business and has not been appointed under section 103A is not what Part 5A describes.
The health and safety representative
A health and safety representative is a worker elected by their work group. A worker can ask the PCBU to facilitate an election (section 50), and section 68 lists the representative’s functions, such as representing the work group and investigating complaints. Section 68(4) says nothing in the Act imposes a duty on a representative in that capacity. For detail, see the role of work health and safety committee members.
What a safety officer typically does in a small business (common practice)
None of this is a legal requirement.
- Keeps the hazard, incident and training registers and chases overdue actions.
- Helps with toolbox talks and the induction of new starters.
- Does workplace inspections and follows up hazard reports until they are closed.
- Helps supervisors write or review safe work method statements.
- Helps with incident reports and reminds the owner when something has to be notified.
- Passes workers’ concerns up to the owner and the owner’s decisions back down.
The safety officer helps the business meet its duties. They coordinate, remind and report; the owner or manager still decides and pays for controls.
Do you need one?
The Work Health and Safety Act 2011 (Qld), the Work Health and Safety Regulation 2011 (Qld) and the Queensland approved codes of practice we checked do not require a business to employ a person called a safety officer, and appointing a work health and safety officer is optional (section 103A). Provisions for particular hazards can refer to a competent person for a particular task, such as supervising diving work, so check the provision that covers your work. The Regulation’s dictionary does not give “competent person” one general meaning. See what competent person means.
In common practice (not a legal rule), what a business needs is the outcome: someone with the knowledge, time and authority to make sure hazards are found and fixed, workers are consulted and incidents are handled. In a small business that may be the owner; in a larger one, a manager, a supervisor with time set aside, or an adviser.
What to give a safety officer (common practice)
- Time. Set hours, not “when you have a gap”.
- Authority. The ability to raise a problem and have it taken seriously.
- A direct line to the owner. Reports should not be filtered through layers.
- Information and a budget. Access to incident records and inspection results, and funds to fix what they find.
- Backing from the top. If reports are ignored, the role is paperwork. See safety culture in the workplace.
Choosing one: a short checklist
- Do they understand your work and its main hazards?
- Can they talk to workers in plain language and get honest answers?
- Can they find the relevant provision in the Act, Regulation or code rather than guessing?
- Will they report problems in writing and follow them through?
- If you want a formal appointment under Part 5A, do they hold a current certificate of authority, and when does it expire?
- Are the time and authority you are offering realistic?
The text we checked sets no general qualification for a safety job. The only qualification route we found is the certificate for a formally appointed officer described above.
Templates to help
A written policy sets out who does what. The free Work Health & Safety Policy template and the free Hazard Report Form are starting points to adapt to your own site. If you run a committee, there is also a paid Safety Committee Meeting Form template, and a paid WHS Manual template to adapt to your own business.
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.
