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Workplace Health and Safety Officer

As from 1 January 2012, the current legislative requirement for employers to appoint WHSOs will cease in Queensland.

In the lead up to the commencement of the harmonised WHS laws the Workplace Health and Safety Regulation 2008 has been amended to extend the certification of WHSOs until 31 December 2011. This extension applies to those WHSOs whose recertification date falls due on or after 13 May 2011.

WHSO certificate holders who are eligible under the regulation will be posted a new WHSO licence card that is valid until 31 December 2011. This enables them to continue as a WHSO, without recertification, until the commencement of the national model WHS laws on 1 January 2012. For security purposes, the licence should be signed immediately in the space provided on the reverse side of the card.

Under the current Workplace Health and Safety Act 1995, the employer or principal contractor of workplaces with 30 or more workers must appoint a qualified person as a workplace health and safety officer (WHSO).

Some workplaces may be in the position that they have grown past this threshold point or their current WHSO has retired or moved on. Businesses that are looking to appoint a WHSO in 2011 have the opportunity to use an alternative method to meet their obligations until the commencement of the harmonised WHS laws. Alternatives could include engaging a consultant with WHSO certification on an as needs basis or using one WHSO for multiple work sites.

How do the proposed changes affect your business and your WHSO?

WHSOs provide valuable assistance to businesses in meeting their duties under current workplace health and safety laws and can continue to do so under the new harmonised laws. Workplace Health and Safety (WHSQ) expects that many businesses will voluntarily retain their WHSOs to assist them in complying with their obligations under the new model laws when they commence on 1 January 2012.

In particular the model Work Health and Safety laws impose a specific duty on officers of corporations and unincorporated bodies such as clubs and associations to exercise due diligence (PDF, 106 kB) to ensure that the corporation, club or association meets its work health and safety obligations.

Workplace Health and Safety Officers are employed to provide information on hazards and risks associated with the workplace or work activities. WHSQ sees advantages for a corporation, club or association in retaining a trained safety advisor to assist an officer to satisfy their due diligence obligations.

It is important to note the duty to exercise due diligence will always remain with the senior officer and cannot be outsourced or delegated to a safety advisor such as a WHSO. Employing a WHSO or safety advisor is one available option to help officers meet their duties.

An obligation remains on employers with workplaces with 30 or more workers to have access to a WHSO for the remainder of 2011.

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