New workplace health and safety laws

The new Workplace Health and Safety Regulation 2008 came into effect on 1 September 2008 when the old regulation expired. The new regulation is the result of two sets of public consultation from November 2007 to February 2008.

A significant change is the removal of exemptions for the rural industry. The removal of these exemptions will occur progressively:

requirements for lead from 1 September 2008
demolition work, hazardous substances and excavation work from 1 September 2009
mobile elevating work platforms, licences to perform high risk work, workplace health and safety officers, confined spaces and atmospheric contaminants from 1 September 2010.

These phase-in periods will provide sufficient time for rural operators to obtain the appropriate training, education, certification and licensing required. During this time the Department of Employment and Industrial Relations will also work with rural industry bodies to:

explain how the confined space regulations apply to wells
develop an appropriate rural machinery design standard (including amendments to the Rural Plant Code of Practice) (Please note: Code of Practice was repealed November 2008)
develop a rural specific workplace health and safety officer course
update the Rural Chemicals Code of Practice (Please note: Code of Practice was repealed November 2008)

The removal of the exemption for licences to perform high risk work will only relate to the 29 occupations which are subject to national agreements.

The nine occupations relating to earthmoving or particular crane operations which are regulated by the Queensland government will not be exempt.

These nine occupations are being included in a national review being undertaken within the next 12 months. The national review will decide whether the rural industry will be exempt from these requirements.

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