Workplace Health and Safety in Queensland
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Under the Work Health and Safety (WHS) Act 2011, your employer (called a PCBU — Person Conducting a Business or Undertaking) has a primary duty of care to ensure your health, safety, and welfare at work, so far as is reasonably practicable.
This means your employer must:
- Provide a safe work environment, safe equipment, and adequate training.
- Identify and manage risks to health and safety.
- Provide adequate facilities (toilets, drinking water, first aid).
- Consult with workers about health and safety matters that affect them.
Workers also have the right to elect Health and Safety Representatives (HSRs) who can represent them on safety issues, issue Provisional Improvement Notices, and direct a cease-work if there is a serious and immediate risk.
You have the right to cease or refuse unsafe work if you have a reasonable concern that carrying out the work would expose you to a serious risk to your health or safety.
When does it apply?
- You are a worker — this includes employees, contractors, subcontractors, apprentices, volunteers, and work experience students.
- The WHS Act applies to Commonwealth workplaces directly and has been adopted as model law by every state and territory except Victoria (which has its own OHS Act) and Western Australia (which adopted it in 2022).
What to Do If Your Australian Workplace Is Unsafe or Ignoring Safety Hazards
- Report any hazard to your supervisor or Health and Safety Representative immediately.
- If there is a serious risk, you may cease work — tell your employer straight away and stay at the workplace.
- Report serious incidents (death, serious injury, dangerous incidents) to Safe Work Australia or your state/territory regulator immediately.
- If your employer retaliates, lodge a general protections claim with the Fair Work Commission.
What should you NOT do?
- Don't ignore safety concerns — even small hazards can lead to serious injuries.
- Don't assume raising safety issues will get you fired. The law protects you from retaliation under the adverse action provisions of the Fair Work Act (s 340-352).
- Don't tamper with or remove safety equipment — workers have a duty to comply with reasonable safety instructions.
How Queensland differs from federal law
Queensland adopted the national model Work Health and Safety Act 2011 (Qld), enforced by Workplace Health and Safety Queensland (WHSQ), a division of the Office of Industrial Relations.
- WHSQ is responsible for inspections, compliance, and prosecutions of WHS offences across Queensland. It has specific focus areas including mining, construction, agriculture, and healthcare.
- Workers' compensation in Queensland is administered by WorkCover Queensland, a statutory body. The scheme is governed by the Workers' Compensation and Rehabilitation Act 2003 (Qld).
- WorkCover Queensland is a monopoly insurer for standard workers' compensation in the state — unlike some states, employers cannot take out private workers' compensation insurance (except large self-insurers with special approval).
- Queensland has specific WHS regulations for the mining and resources sector under the Mining and Quarrying Safety and Health Act 1999 and the Coal Mining Safety and Health Act 1999, reflecting the state's significant mining industry.
- Disputes over workers' compensation claims are heard by the Workers' Compensation Regulator and can be escalated to QCAT or the Queensland courts.
Additional Steps in Queensland
Report unsafe workplaces to WHSQ (1300 362 128 or worksafe.qld.gov.au). Lodge workers' compensation claims through your employer with WorkCover Queensland (1300 362 128 or workcoverqld.com.au). For disputes, contact the Workers' Compensation Regulator. Free legal advice from Queensland Legal Aid.
Relevant Law: Work Health and Safety Act 2011 (Qld); Workers' Compensation and Rehabilitation Act 2003 (Qld); Mining and Quarrying Safety and Health Act 1999 (Qld); Coal Mining Safety and Health Act 1999 (Qld)
Common Questions
When does workplace health and safety apply?
You are a worker — this includes employees, contractors, subcontractors, apprentices, volunteers, and work experience students.The WHS Act applies to Commonwealth workplaces directly and has been adopted as model law by every state and territory except Victoria (which has its own OHS Act) and Western Australia (which adopted it in 2022).
What should I do if my workplace in Australia has unsafe conditions my employer won't fix?
Report any hazard to your supervisor or Health and Safety Representative immediately.If there is a serious risk, you may cease work — tell your employer straight away and stay at the workplace.Report serious incidents (death, serious injury, dangerous incidents) to Safe Work Australia or your state/territory regulator immediately.If your employer retaliates, lodge a general protections claim with the Fair Work Commission.
What mistakes should I avoid with workplace health and safety?
Don't ignore safety concerns — even small hazards can lead to serious injuries.Don't assume raising safety issues will get you fired. The law protects you from retaliation under the adverse action provisions of the Fair Work Act (s 340-352).Don't tamper with or remove safety equipment — workers have a duty to comply with reasonable safety instructions.
Workplace Health and Safety in other states
Same topic, different jurisdiction. Pick the one that applies to you.