Enforcement options

When people fail to meet their obligations under the Workplace Health and Safety Act 1995 (PDF, 766 kB), inspectors may use a range of compliance and enforcement measures including:

The Compliance and Enforcement Policy 2009 (PDF, 517 kB) outlines these enforcement options as well as the investigation and prosecution policies.

Advice and information

Advice and information may be provided as an opinion on what could or should be done to control risks from hazards. Providing advice involves applying information to minimise risks from hazards that result in a statement, recommendation, or expression of an opinion from which a relevant person may choose to take action or conduct a particular behaviour.

Advice can be written or verbal.

Oral directions

Oral directions only relate to situations where a contravention can be rectified and inspected prior to the inspector leaving the site.

Provisional Improvement Notices (PINs)

Workplace health and safety representatives (WHSR) can issue a Provisional Improvement Notice (PIN) in their own workplace under Queensland laws. A Provisional Improvement Notice (PIN) is to is a tool to improve health and safety in a workplace, encouraging employers and workers to openly discuss health and safety hazards and risks in their workplace. A PIN is a written direction from a workplace health and safety representative (WHSR) to an employer or employer representative requiring them to fix a workplace health and safety problem. A PIN should only be used if agreement to fix the problem cannot be reached through the normal consultation processes.

Further information on Provisional Improvement Notices (PINs)

Improvement notice

A contravention of the Act that does not pose a risk of serious bodily harm may attract an improvement notice.

The notice will order the person receiving the notice to fix:

the contravention; or
things or operations causing the contravention.

An improvement notice will:

explain that the inspector believes the law is being broken
specify the part of the law under question
outline how the law is being or has been broken
set out the action that must be taken to rectify the contravention
state the day before which the rectification must have been carried out.

A person issued with an improvement notice must comply with its directions.

An inspector will generally return to the workplace to check that the actions have been taken.

Failure to comply may lead to a court order to secure compliance with notices.

Prohibition notices

A prohibition notice requires an immediate action.

It may mean an immediate stop is put to:

a workplace activity
the use of equipment or plant
the use of a substance.

A prohibition notice may be issued if the inspector reasonably believes circumstances at the workplace are causing, or are likely to cause, a risk of serious bodily injury, work caused illness or dangerous event.

The prohibition notice will state:

the inspector's belief that circumstances causing, or likely to cause, the risk to workplace health and safety exist or are likely to arise in that workplace; and
the circumstances that have caused, or are likely to cause, the risk.

The prohibition notice and its directives must be followed.

Failure to comply with a prohibition order may lead to a court order to secure compliance with notices.

Court order to secure compliance with notices

If a person or organisation fails to comply with an improvement or prohibition notice - and there is an imminent risk of serious bodily injury, work-caused illness or a dangerous event - the inspector may seek an order to secure compliance from the Industrial Magistrates Court.

Seizure

Inspectors can seize things - such as plant, equipment or substances - to prevent serious bodily harm or illness.

Inspectors can also seize workplaces or part of the workplace if it is believed to be defective or hazardous.

Inspectors can also require owners of workplaces to destroy the workplace, workplace area, plant or substance or make it harmless.

They are also empowered to seize anything that may be evidence of an offence against the Workplace Health and Safety Act 1995 (PDF, 766 kB) or where a warrant was issued for the seizure.

Seized things must be receipted and returned to the owner after six months or at the conclusion of proceedings for an offence.

Seized things may be forfeited if the inspector:

cannot find the owner
cannot return it after reasonable efforts to the owner or
believes its return could see an offence committed under the Act.

Infringement notice

For certain offences against the Workplace Health and Safety Act 1995 and the Workplace Health and Safety Regulation 2008 , an inspector may impose an infringement notice, or on-the-spot fine.

This has an immediate punitive effect.

In most cases, it will be issued along with other notices.

For further information refer to penalties.

Boards of inquiry

A Board of Inquiry may be established by the Minister to look into a workplace incident.

It looks into the probable causes of the workplace incident and makes recommendations to minimise future risks.

Suspension or cancellation of a licence or other accreditation

The suspension or cancellation of a licence or other accreditation is an option that may be taken by the Chief Executive of this Department. It is typically used for repeat offenders or where the offence was of a nature that exposed persons to extreme risk or where other penalties have not resulted in changes that reduce risk.

Prosecutions

Workplace Health and Safety Queensland actively draws public attention to individuals and organisations it successfully prosecutes for breaching the Workplace Health and Safety Act 1995 (PDF, 766 kB).

The Queensland Workplace Health and Safety, Electrical Safety and Dangerous Goods Safety Management Compliance and Enforcement Policy 2009 (PDF, 517 kB) outlines the prosecution policy as well as the enforcement options and investigation policy.

Prosecuting obligation holders aims to provide a powerful deterrent to others. It draws attention to the consequences of workplace health and safety violations and the importance of healthy, safer workplaces.

Enforceable undertakings

An enforceable undertaking is one of the options available to promote compliance with workplace health and safety laws.

An enforceable undertaking is a legal agreement which obliges an organisation to carry out specific activities to improve not only worker health and safety, but also deliver benefits to industry and the broader community. It is an alternative to court action for an alleged breach of the Workplace Health and Safety Act 1995 (PDF, 766 kB)