The new Work Health and Safety Act 2011 requires DET workplaces (including schools) to immediately advise Workplace Health and Safety Queensland (WHSQ) of notifiable health and safety incidents. This can be achieved by phoning WHSQ on 1300 369 915 - or by using the online MyHR system where available if it is possible to complete this immediately.
If workplaces notify by phone, they will be given a reference number by WHSQ. All incident information, including the WHSQ reference number, will then need to be entered into your incident management system to create a complete record, e.g. MyHR. Please refer to the 'immediate response flowchart' 
for further information.
'Notifiable' health and safety incidents are now, by definition, much more serious incidents than under the previous legislation, therefore, there will be less incidents that require 'notification' to WHSQ. Definitions and further information about incident recording are provided in the procedure HLS-PR-005 Health and Safety Incident Recording, Notification and Management webpage.
On 26 May 2011 Queensland Parliament passed the Work Health and Safety Act 2011 (the WHS Act 2011). The WHS Act 2011 will apply to Queensland workplaces, including our department's schools, TAFE campuses and other workplaces from 1 January 2012. You can review the WHS Act 2011 
on line.
This web page will be updated with information to support Department of Education and Training (DET) workplaces over the coming months.
The WHS Act 2011 is generally consistent with the repealed Workplace Health and Safety Act 1995 however there are a number of new concepts that will result in amendments to business processes. Importantly, everyone has health and safety duties to contribute to creating and maintaining a safe and healthy workplace.
One of the few significant changes is that the legislative requirement for the appointment of a Workplace Health and Safety Officer (WHSO) is not included in the WHS Act 2011.
However, the Department of Justice and Attorney-General through Workplace Health and Safety Queensland (WHSQ) has developed a policy to retain WSHOs in government agencies, government owned corporations and public authorities from 1 January 2012.
Although a WHSO does not have a statutory basis and does not have specific obligations imposed by the WHS Act 2011, WHSQ has advised that under the WHS Act 2011 a government worker assigned the role of a WHSO will have the health and safety duty of a worker under section 28 of the WHS Act 2011.
Therefore, DET is retaining the role of WHSOs through procedure HLS-PR-022: Workplace health and safety officers. It is therefore still a requirement to retain a WHSO in DET workplaces.
In the role of a WHSO - the person is not a primary duty holder under the WHS Act 2011.
The WHS Act 2011 like the repealed Workplace Health and Safety Act 1995, places the primary duty for protecting people's health and safety upon the employer. In our case this is the Department of Education and Training.
WHSOs are part of a process and a team to support principals and managers implement health and safety strategies. Principals and managers are decision makers for a site; WHSOs provide advice and assistance.
WHSOs in DET workplaces are provided with the same indemnity and legal assistance as all state employees, in accordance with the Guideline for the Grant of Indemnities and Legal Assistance to State Employees. [an error occurred while processing this directive]
WHSOs acting within the course of their duties and endeavouring to act diligently and conscientiously in discharging those duties have access to the same level of protection they have always had under processes for government employees. These systems are in place for all departmental staff and are independent of the legislation change.
A factsheet (DET employees only) regarding the WHSO role in DET workplaces has also been developed.
DET is developing a WHSO training strategy with consideration of course content, costs and length of time. It is anticipated that the training costs and duration of the new WHSO course will be similar to the past training. More information will be posted shortly.
Further information about the WHS Act 2011 and related pieces of legislation, including a summary of new elements, is available at the WHSQ website.
PCBUs are required to ensure, 'so far as is reasonably practicable':
A new duty holder in the legislation is an 'Officer'.
In accordance with advice received from WHSQ and guidance material released from Safe Work Australia, we can confirm that Officers under the WHS Act 2011 include:
Officers of the PCBU have a duty 'to exercise due diligence' to ensure that the PCBU complies with its health and safety duties under the WHS Act 2011.
All staff have duties as workers under the WHS Act 2011. The term 'worker' under the WHS Act 2011 applies to any person who carries out work in any capacity for a PBCU and includes employees, volunteers, contractors and contractors' workers.
Workers have a duty to 'take reasonable care':
Staff in supervisory roles (including Directors of Statutory TAFE Institutes and Directors of non statutory TAFE Institutes, Regional Directors, Assistant Regional Directors, School Principals and Managers) should be mindful that their decisions have the potential to affect a large number of individuals' health and safety and thus the duty to 'take reasonable care' extends to these decisions.
WHSQ has developed some resources to help inform workplaces about the new legislation, changes and updated requirements.
WHSQ have provided videos and transcripts on the new legislation.
Transitional Provisions at a Glance
Due Diligence
School parents and citizens associations
To smooth the transition to the Work Health and Safety Regulation 2011 (WHS Regulation 2011) from the Workplace Health and Safety Regulation 2008 , a number of transitional arrangements have been included that delay the commencement of certain parts of the WHS Regulation 2011 to give duty holders time to comply with the new arrangements.
Safe Work Australia has developed a series of Model Codes of Practice that have either been adopted by Queensland and commenced on 1 January 2012 or are intended to be adopted by Queensland in 2012 .
This page was last reviewed on 08 Feb 2012 at 02:00PM
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