Workplace Health and Safety Regulation 2008
On 1 September 2008, the Workplace Health and Safety Regulation 1997 was repealed and replaced by the Workplace Health and Safety Regulation 2008 (1.4 MB).
The new Regulation:
- remakes provisions of the old Regulation
- removes the rural industry exemption from existing regulatory requirements over the next two years
- changes the numbering.
Workplace Health and Safety Queensland will be undertaking a process to review and update all forms and documents on the departmental website to ensure consistency with the new regulation. Until this process is complete, all forms and documents must be read in conjunction with the information provided in the Comparison Table (PDF, 218 KB). The Comparison Table has been provided to assist with the practical application of the Workplace Health and Safety Regulation 2008 (1.4 MB). It is not intended to provide a determination or comment on compliance or to provide legal interpretation. It is intended as a guide only and is provided as an information source only.
Explanatory notes (546 KB) have been developed to accompany the new regulation to help clients understand and interpret the provisions.
This information is intended to provide general information. The contents do not constitute specific advice and should not be relied upon as such. Formal advice as required should be sought from appropriate parties in particular matters. The Department of Justice and Attorney-General hereby expressly excludes any liability to a user for damages incurred as a result of reliance upon the information contained herein.
The Queensland Government disclaims all responsibility and liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of information in this publication being inaccurate or incomplete in any way and for any reason.
The Workplace Health and Safety Regulation 2008 (1.4 MB) and the Workplace Health and Safety Act 1995 (PDF, 766 KB) provide a framework for managing health and safety risks in Queensland workplaces.
The regulation sets out the legal requirements to prevent or control certain hazards which might cause injury or death in the workplace.
- It prohibits exposure to a risk.
- It prescribes ways of preventing or minimising exposure to a risk.
- It deals with administrative matters.
If a regulation exists for specific risks at your workplace in order to meet your obligations under the Act you must do what the regulation says to prevent or minimise the impact of the risk
Things covered by the regulation include:
- how to apply for:
- a certificate of registration of registrable plant
- a certificate of registration of registrable plant design
- a licence to perform high risk work
- a certificate to work in an earthmoving or particular crane occupation
- a certificate of authority to appoint a workplace health and safety officer
- a certificate of appointment as an accredited provider
- a certificate to perform a prescribed activity
- what to do if a certificate or licence is denied, cancelled or suspended
- how to renew certificates and licences
- restrictions for ‘prescribed activities’ such as demolition work or asbestos removal
- training requirements for people performing high risk work, working in an earthmoving or particular crane occupation, or doing prescribed activities
- training requirements for workplace health and safety officers
- when notification needs to be given for building and construction work
- what to do if there is a workplace health and safety incident
- what is required of construction workplace plans and work method statements in high risk construction and demolition activities
- safe housekeeping practices for construction work including specific requirements for principal contractors
- safe work practices around excavations and underground services
- ways to prevent falls from heights
- ways to prevent things falling on people
- prohibited substances
- how to safely manage:
- hazardous substances
- excessive noise
- asbestos materials and asbestos removal
- lead materials
- requirements for underwater diving work
- ways to make recreational snorkelling safer
- designing, manufacturing, modifying, supplying and working in confined spaces
- the use of roll-over protective structures on tractors
- availability and maintenance of amenities such as toilets, dining facilities and drinking water
- building requirements including ventilation, floor space and lighting
- first aid requirements
- limits on atmospheric contaminants.
Codes of practice also provide practical advice on how to manage exposure to risk, and like the Regulation, must be followed to meet your obligations.
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