WHS Legislation in Queensland: What Employers Must Know in 2025

Overview of WHS Legislation in Queensland

Queensland employers operate under the Work Health and Safety Act 2011 (Qld) and its accompanying regulations, which closely mirror the national Model WHS laws developed by Safe Work Australia. WorkSafe Queensland is the regulator responsible for administering and enforcing WHS laws across the state, with broad powers to inspect workplaces, issue improvement and prohibition notices, and prosecute serious breaches.

Who Has WHS Duties Under Queensland Law?

• Persons Conducting a Business or Undertaking (PCBUs): The primary duty holder. PCBUs must ensure, so far as is reasonably practicable, the health and safety of workers and others affected by the work.
• Officers: Company directors, CEOs and other officers have a personal due diligence duty and can face individual prosecution.
• Workers: Employees, contractors, subcontractors, apprentices and volunteers must take reasonable care for their own safety and cooperate with the PCBU's safety systems.
• Designers, manufacturers, suppliers and installers: Must ensure plant, substances and structures they supply are safe when used as intended.

The Primary Duty of Care: What "Reasonably Practicable" Means

The phrase "so far as is reasonably practicable" is central to how duties are assessed. Regulators and courts weigh up the likelihood of a hazard causing harm, the degree of harm, knowledge of the hazard, available control measures, and the cost proportionate to the risk involved. There is no absolute obligation to eliminate every conceivable risk, but if a control measure was readily available and not unreasonably costly, failure to implement it will be difficult to defend.

Key Obligations for Queensland Employers in 2025

1. Consultation Requirements

PCBUs must consult with workers — and their health and safety representatives — when identifying and assessing hazards, making decisions about controls, and proposing changes that may affect safety. Inadequate consultation is one of the most common compliance failures identified by WorkSafe Queensland inspectors.

2. Incident Notification

Certain incidents must be notified to WorkSafe Queensland immediately by telephone and confirmed in writing within 48 hours. These include deaths, serious injuries or illnesses, and dangerous incidents. The scene must be preserved until an inspector attends or authorises disturbance.

3. Management of Psychosocial Hazards

From 2023 onwards, Queensland regulations explicitly require PCBUs to identify and manage psychosocial hazards — including workplace bullying, harassment, high job demands, poor support and traumatic events. Inspectors are increasingly focusing on this area, and businesses without documented psychosocial risk management frameworks are at risk of improvement notices and prosecution.

4. Health and Safety Representatives

Workers have the right to request the election of Health and Safety Representatives (HSRs). PCBUs must facilitate HSR elections when requested and allow elected HSRs to attend approved training. HSRs can issue Provisional Improvement Notices and direct the cessation of unsafe work.

Penalties for Non-Compliance

For the most serious Category 1 offences (reckless conduct that exposes a person to risk of death or serious injury), an individual faces up to 5 years imprisonment and/or a fine of approximately $300,000, while a body corporate can be fined up to approximately $3 million. WorkSafe Queensland maintains an ongoing commitment to active enforcement, including proactive inspection programs targeting high-risk industries such as construction, agriculture, manufacturing and transport.

What Employers Should Do Now

Review your WHS management system against current legislative requirements, update your hazard identification and risk assessment registers, ensure your incident notification procedures are current, and document your consultation processes. If you haven't conducted a formal WHS audit in the past 12 months, now is the time to do so.

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