Workplace Health and Safety Act and Other Acts Amendment Act 1990 (Qld)

1597 SAFE --, ,C O T 1-1 777 No. 94 of 1990 ANALYSIS OF CO NT ENTS 1. Short title 2. Commencement PART I-PRELIMINARY PART II-REPEAL OF SPECIFIED ACTS 3. Repeal of Acts in First Schedule 4. Repeal of Acts in Second Schedule PART III-AMENDMENT OF WORKPLACE HEALTH AND SAFETY ACT 1989 5. Principal Act and amended citation 6. Amendment of s. 4. Application of Act 7. Amendment of s. 4. Application of Act 8. Amendment of s. 6. Interpretation 9. Amendment of s. 7. Objects of the Act 10. Amendment of s. 9. Employers to ensure health and safety of their employees 11. Amendment of s. 13. Duties of employees 12. Amendment of heading to Part IV 13. Amendment of s. 36. Authority 14. Repeal of and new s. 38. Membership of the Council Membership of the Council 15. Amendment of s. 41. Vacation of office 16. Amendment of s. 43. Appointment of deputy members 17. Amendment of s. 45. Entitlements of members of Council 18. Amendment of s. 46. Functions of Workplace Health and Safety Council 19. Amendment of s. 47. Minister may establish Committees 20. Amendment of s. 50. Term of appointment of Committee member 21. Amendment of s. 58. Health and safety officers 22. Amendment of s. 61. Qualifications of Health and Safety Officer 23. Amendment of s. 62. Nomination or election of Health and Safety Representative 24. Amendment of s. 77. Annual report 25. Amendment of s. 81. Powers of inspectors 26. Amendment of s. 84. Inspector's power of seizure 27. Amendment of s. 85. Consequences of seizure 28. Repeal of and new s. 93. Appeal against prohibition or seizure notice Appeal against prohibition or seizure notice 29. Repeal of and new s. 94. Order to secure compliance with notices etc. Order to secure compliance with notices etc. 30. Amendment of s. 95. Appeals Tribunal 31. Repeal of and new s. 102. Secretary to Appeals Tribunal Secretary to Appeals Tribunal

1598 32. Repeal of and new s. 109. Certificate, permit or authority required for work in certain occupations Certificate, permit or authority required for work in certain occupations 33. Amendment of s. 120. Proceedings in respect of offences 34. Amendment of s. 131. Facilitation of Proof 35. Amendment of s. 134. Director may grant exemptions from regulations etc. 36. Repeal of and new s. 135. Director may set standards Director may set special standards 37. Amendment of s. 137. Regulations FIRST SCHEDULE SECOND SCHEDULE

1599 A NN O TRICESIMO NONO An Act to am end the Wo rkp la ce 1 - 1 1 1-- -^ 1989 in certain particulars t Machinery Safety Act 1976-1987 a .<_d ti a ac ' ery Safety Act and Another Act Act 1987 and for related purposes [ASSENTED To 7m DECEMBER, 1 9% ]

1600 Workplace Health and Safety Act and Other Acts Amendment Act 1990, No. 94 BE IT ENACTED by the Queen' s Most Excellent Majesty , by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Sly- title . This Act may be cited as the Workplace Health and Safety Act and Other Acts Amendment Act 1990. 2. Co ement. (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. ( 2) Sections 4 and 7 commence on 13 May 1991. (3) The remaining provisions , or such of them as are specified, commence on a day or days appointed by Proclamation. PART II-REPEAL OF SPECIFIED ACTS 3. R epeal of Acts in First % Schedule are repealed. The Acts specified in the First 4. R epeal of Acts in ; -lhedule. Subject to section 2, the Acts specified in the Second Schedule are repealed. PART III-AMENDMENT OF WORKPLACE HEALTH AND SAFETY ACT 1989 5. Principal Act and amended citation . ( 1) In this Part the WorkplaceHealth andSafety Act1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Workplace Health andSafety Act1989-1990. 6. Ante -. - ' A s. 4. Appli ca tion of Act. Section 4 of the Principal Act is amended by omitting subsection ( 1) and substituting the following subsection:- "(1) This Act shall not apply to or in relation to- (a) a mine to which the Mines Regulation Act 1964-1989 applies; (b) a mine to which the CoalMining Act 1925-1989 applies; (c) land that is used for the obtaining or the mining or the conveying of petroleum under the Petroleum Act1923-1988; (d) persons, plant or substances involved in a rural industry except for a rural industry operated by or under the control of the Crown.". 7. A m end m ent of s. 4. Application of Act. Subject to section 2, section 4 of the Principal Act is amended by in subsection (1)- (a) omitting the expression ";" from where it occurs at the end of paragraph ( c) and substituting the expression ".";

Workplace Health and Safety Act and Other Acts 1601 Amendment Act 1990, No. 94 (b) omitting paragraph (d). 8. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by- (a) in subsection (1)- (i) adding before the definition "amenities" the following definition:- "air-conditioning unit" means a unit of plant which provides air-conditioning and which either- (a) incorporates an evaporative condenser or cooling tower; or (b) comprises one or more compressors and the power rating required for operation of the air conditioning unit is 50 kilowatts or greater;"; (ii) omitting the definition "amenities" and substituting the following definition:- " "amenities" in relation to a workplace, means the air space, ceilings, floors, floor area, roofs, walls, lighting, dining rooms, dressing rooms, sanitary and washing facilities;"; (iii) omitting the definition "Authority"; (iv) omitting the definition "child"; (v) omitting the definition "Director" and substituting the following definition:- "Director" means the Director of the Division of Workplace Health and Safety appointed or deemed to be appointed under and for the purpose of this Act and includes any person for the time being performing the duties of the Director;"; (vi) omitting from the definition " industrial magistrate " the words "Industrial Conciliation and ArbitrationAct 1961-1987" and substituting the words " Industrial RelationsAct 1990"; (vii) omitting the definition "inspector" and substituting the following definition:- "inspector" means the Director of the Division of Workplace Health and Safety and any person who holds the appointment of workplace health and safety inspector for the purposes of this Act and includes any person for the time being performing the whole or any part of the duties of a workplace health and safety inspector;"; (viii) omitting the definition "Minister" and substituting the following definition:- "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister;": 52

1602 Workplace Health and Safety Act and Other Acts Amendment Act 1990, No. 94 (ix) in the definition " premises", omitting the word "any" from where it first occurs in each of the paragraphs (e), (f), (g) and (h) respectively of that definition; (x) omitting the definition "project" and substituting the following definition:- " "project" means subject to section 17 (2)- (a) a workplace where any of the following classes of work are carried out:- the construction, digging , filling, erection, installation, addition to, alteration, repair, maintenance, cleaning, painting, renewal, removal, dismantling or demolition of a building or structure: provided that the term only includes work in respect of a ship or floating structure where that ship or floating structure is in a dock or at a wharf or other place outside of the tidal influence; (b) any work, or any work of a kind or class , designated by the Director, pursuant to the provisions of this Act, to be a project."; (xi) omitting at the end of the definition "workplace" the expression ";" and substituting the expression "."; (xii) omitting the definition "young person"; (b) omitting subsections (2) and (3). 9. Amendment of s. 7. Objects of the Act. Section 7 of the Principal Act is amended by omitting paragraph (f) and substituting the following paragraph:- "(f) to provide for a work environment, for persons performing work, that is adapted to their physiological and psychological needs;". 10. Amendment of s. 9. Employers to ensure health and safety of their employees . Section 9 of the Principal Act is amended by in subsection (2) omitting paragraph (f) and substituting the following paragraph:- "(f) particulars of failure to provide personal protective equipment where it is not practicable to control hazards at the workplace by other means;". 11. Amendment of s. 13. Duties of employees . Section 13 of the Principal Act is amended by omitting from subsection (2) the expression "9 (f)" and substituting the expression "9 (2) (f)". 12. Amendment of heading to Part IV. The Principal Act is amended by omitting from the heading to Part IV immediately preceding section 36 the words "AUTHORITY AND".

Workplace Health and Safety Act and Other Acts 1603 Amendment Act 1990, No. 94 13. Amendment of s. 36. Authority. The Principal Act is amended by repealing section 36. 14. Repeal of and new s. 38 . Membership of the Council. The Principal Act is amended by repealing section 38 and substituting the following section:- "38. Membership of the Council . (1) On the date of commencement of section 14 of the Workplace Health and SafetyAct and Other Acts Amendment Act 1990, the existing members of the Council shall go out of office and the Council shall be reconstituted and shall consist of nine members appointed by the Governor in Council by notification published in the Queensland Government Industrial Gazette. (2) The persons eligible for membership shall be- (a) the following ex officio members of the Council- (i) the Director-General of the department of government of Queensland within which this Act is administered who shall be Chairman thereof, (ii) the holder of an office within the Department of Health nominated by the Minister of the Crown for the time being charged with the administration of that lastmentioned department; the Director, Division of Workplace Health and Safety, in the department of government of Queensland within which this Act is administered; (b) the Governor in Council shall appoint to the Council- (i) two members nominated by one or more associations which are recommended by the Minister as representative of employers; (ii) two members nominated by one or more associations which are recommended by the Minister as representative of employees; (iii) two members recommended by the Minister as experts in the field of workplace health and safety.". 15. Amendment of s. 41. V acation of office . Section 41 of the Principal Act is amended by omitting the word "Authority" where it twice occurs and substituting the word "Minister" in each case. 16. Amendment of s. 43. Appointment of deputy members. Section 43 of the Principal Act is amended by omitting the word "Authority" wherever it occurs and substituting the word "Minister" in each case. 17. Amendment of s. 45. Entitlements of members of Council. Section 45 of the Principal Act is amended by omitting from subsection (2) the word "Authority" and substituting the word "Minister". 18. Amendment of s. 46. Functions of Workplace Health and Safety Council. Section 46 of the Principal Act is amended by omitting the

1604 Workplace Health and Safety Act and Other Acts Amendment Act 1990, No. 94 word "Authority" wherever it occurs and substituting the word " ister" in each case. 19. Amendment of s. 47. Minister may establish Committees. Section 47 of the Principal Act is amended by in subsection (1) (a) inserting after the words "number of Committees" the words "for such period or periods"; (b) omitting paragraph (b) and substituting the following paragraph:- "(b) a person nominated by the Minister, other than the person nominated under paragraph (a), who shall represent the department of government of Queensland within which this Act is administered;". 20. Amendment of s. 50 . T erm of appointment of Committee member. Section 50 of the Principal Act is amended by omitting from subsection (1) the words "of three years" and substituting the words "not exceeding three years". 21. Amendment of s. 58. Health and safety officers . Section 58 of the Principal Act is amended by in paragraph (b) of subsection (1)- (a) omitting the word "Authority" and substituting the word "Minister"; (b) omitting the word "warranted" and substituting the words "required as from a date fixed by the Minister". 22. Amendment of s. 61. Qualifications of Health and Safety Officer. Section 61 of the Principal Act is amended by, in subsection (1), omitting from paragraph (b) the word "prevention". 23. Amendment of s. 62. Nomination or election of Health and Safety Representative . Section 62 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(1) The employees engaged in work at a workplace for the same employer or principal contractor may nominate or, where the majority of employees at the workplace vote in favour of an election for that purpose, elect for the workplace a duly qualified person who shall be designated and shall be the Health and Safety Representative for the workplace.". 24. Amendment of s. 77. Annual report . Section 77 of the Principal Act is amended by- (a) omitting the word "Authority" wherever it occurs and substituting the word "Minister" in each case; (b) in subsection (1)- (i) omitting the words "Accident Prevention and the Director- General of Health and Medical Services" and substituting the words "the Division of Workplace Health and Safety";

WorkplaceHealth and Safety Act and Other Acts 1605 Amendment Act 1990, No. 94 (ii) omitting the words "that year" and substituting the words "the preceding year". 25. Amendment of s. 81. Powers o f inspectors . Section 81 of the Principal Act is amended by omitting from paragraph (j) the word "address" where it occurs three times, and substituting the words "place of residence" in each case. 26. Amendment of s. 84. Inspector's power of seizure . Section 84 of the Principal Act is amended by- (a) in subsection (I )- (i) omitting the words ", material" where they twice occur; (ii) omitting the word "approved" and substituting the word "set"; (b) omitting subsection (2) and substituting the following subsection:- "(2) For the purposes of carrying out such seizure, an inspector may- (a) issue a notice in the prescribed form to an employer, owner, principal contractor or occupier stating the intention of the inspector to- (i) remove any plant or substance or part thereof from the premises; (ii) dismantle or cause to be dismantled any plant by giving direction to such person as the inspector sees fit; or (b) affix to any part of the premises or plant a notice in the prescribed form stating that no work is to be performed in such premises or on such plant or part thereof until further notified by the inspector in writing.". 27. Amendment of s. 85 . Consequences of seizure . Section 85 of the Principal Act is amended by- (a) in subsection (I) omitting the words ", material" where twice occurring; (b) in subsection (2), omitting the words ", material". 28. Repeal of and new s. 93. Appeal against prohibition or seizure notice. The Principal Act is amended by repealing section 93 and substituting the following section:- "93. Appeal against prohibition or seizure notice. A person to whom a prohibition notice or a seizure notice is issued may appeal against the notice to the Appeals Tribunal constituted under Part VIII.".

1606 Workplace Health and Safety Act and Other Acts Amendment Act 1990, No. 94 29. Repeal of and new s. 94. Order to secure compliance with notices etc. The Principal Act is amended by repealing section 94 and substituting the following section:- "94. Order to secure compliance with notices etc. (1) Where it appears to the Director- (a) that a person to whom an inspector has issued a notice pursuant to the provisions of this Act- (i) has failed to comply with the notice and thereby has committed an offence against this Act; or (ii) having instituted an appeal against such notice has failed to comply with the provisions of section 107 or is likely to fail to comply with that section; and (b) that as a consequence of that failure or likely failure to comply there is an imminent risk of serious bodily injury or work-related illness to any person or of a dangerous occurrence; the Director may make application to the Supreme Court in Chambers for an order in the nature of a mandatory or restrictive injunction against the person to restrain him from contravening or failing to comply with the provisions of this Act, generally, or with one or more particular provisions of this Act. (2) On an application made under subsection (1) the court may make such order, directed to the person to whom the application relates, as it considers just and necessary to secure that person's compliance with this Act or any provisions thereof. (3) In addition to any other liablity that a person may incur for breach of an order made against that person under this section, a person to whom such an order is directed who breaches the order commits an offence against this Act and is liable- (a) if a body corporate, to a penalty of 1000 penalty units; (b) if a person other than a body corporate, to a penalty of 200 penalty units or to imprisonment for six months or to both such fine and imprisonment.". 30. Amendment of s. 95. Appeals Tribunal . Section 95 of the Principal Act is amended by, in subsection (2), omitting the word "Authority" wherever it appears and substituting the word "Minister" in each case. 31. Repeal of and new s. 102. Secre tar y to Appeals Tribunal. The Principal Act is amended by repealing section 102 and substituting the following section:- "102. Secretary to Appeals Tribunal. An officer of the department of government of the State within which this Act is administered is to be assigned to act as secretary of the Appeals Tribunal.".

Workplace Health and Safety Act and Other Acts 1607 Amendment Act 1990, No. 94 32. Repeal of and new s. 109 . Certificate , permit or authority required for work in certain occupations . The Principal Act is amended by repealing section 109 and substituting the following section:- "109. Certificate, permit or authority required for work in certain occupations . (1) An employer or principal contractor shall not cause, permit, allow or employ any person to perform work in a prescribed occupation unless that person is the holder of a current certificate of competency, permit or authority to operate issued by the Director on the recommendation of an inspector or accredited officer for that occupation and held as prescribed under this Act. (2) A person shall not perform work in a prescribed occupation unless that person is the holder of a current certificate of competency, permit or authority to operate issued by the Director on the recommendation of an inspector or accredited officer for that occupation and held as prescribed under this Act.". 33. Amendment of s. 120. Proceedings in respect of offences . Section 120 of the Principal Act is amended by omitting the words "Industrial Conciliation and Arbitration Act 1961-1987" wherever they occur and substituting the words "Industrial Relations Act 1990" in each case. 34. Amendment of s. 131. Facilitation of Proof. Section 131 of the Principal Act is amended by in subsection (1)- (a) in paragraph (d)- (i) inserting after the word authority in each case where it occurs the words ", special standard"; (ii) omitting the words "or granted" and substituting the words ", granted or set"; (b) omitting paragraph (m). 35. Amendment of s. 134. Director may grant exemptions from regulations etc. Section 134 of the Principal Act is amended by omitting from subsection (1) (e) the word "affected" and substituting the word "effected". 36. Repeal of and new s. 135. Director may set standards. The Principal Act is amended by repealing section 135 and substituting the following section:- "135. Director may set special stan dards. (1) For the purposes of this section, the term "dangerous situation" means the occurrence of an incident or the existence of a state of affairs that creates or is likely to create a danger of serious bodily injury to any person or a dangerous occurrence or a danger to public health and safety arising from workplace activities. (2) If at any time the Minister is of the opinion, on reasonable grounds, that a dangerous situation has arisen or is likely to arise

1608 Workplace Health and Safety Act and Other Acts Amendment Act 1990, No. 94 within or near any workplace the Director, with the approval of the Minister, may set special standards to apply in or near that workplace or in or near any class or classes of workplace to which that workplace, in the opinion of the Minister, belongs, in the State or in any area or areas of the State. (3) Special standards may be set under this section for the purpose of providing a remedy for any dangerous situation by prescribing methods of work or particular standards to be achieved in the circumstances in question or any method of operation in respect of any specified plant or a standard to be achieved in respect of that specified plant. (4) Special standards set under this section shall expire after a period of one year from the date of the publication of those standards in the Queensland Government Industrial Gazette and shall thereupon cease to have force or effect. (5) The power of the Director to set special standards under this section includes the power, with the approval of the Minister, to amend or revoke such standards. (6) Special standards set under subsection (2) must be observed by persons in, on or about every workplace to which the special standards apply with a view to the protection of the health and safety of persons affected by the operation of any of those workplaces. (7) Every special standard set pursuant to this section is to be published in the Queensland Government Industrial Gazette and shall thereupon, until it expires or is sooner revoked- (a) be judicially noticed; and (b) be applicable to the same extent and have the same force as if it were a regulation made under this Act. (8) Where there is any inconsistency between a special standard set pursuant to this section and any existing standard, code of practice or regulation under this Act, the special standard shall prevail. (9) A person who fails to comply with a special standard set pursuant to this section commits an offence against this Act.". 37. Amendment of s. 137 . Regulations . Section 137 of the Principal Act is amended by- (a) inserting after subsection (3) the following subsection:- "(3A) Regulations may be made so as to- (a) confine the application of certain regulations to; or (b) exclude or limit the application of all or certain of the regulations from; a particular industry or particular industries or to a class or classes of industries.";

Workplace Health and Safety Act and Other Acts 1609 Amendment Act 1990, No. 94 (b) in subsection ( 4), omitting paragraph (x) and substituting the following paragraph:- "(x) may provide for regulating and controlling accredited persons for the maintenance , construction , testing or inspection of plant.". FIRST SCHEDULE Year and Number of Act Short Title [s. 3] 1982 No. 50 1989 No. 9 ConstructionSafetyRegulationsInterpretationAct 1982 Inspection of Machinery Act and AnotherAct Amendment Act 1989 SECOND SCHEDULE [s. 4] Year and Number of Act Short Title 1976 1987 No. 22 No. 41 Rural MachinerySafety Act 1976 Rural MachinerySafety Actand AnotherAct AmendmentAct 1987