Exceptions to Compliance:
The Work Health and Safety Regulation 2011 empowers the regulator to provide exemptions from adhering to any provision of the Regulation.
When contemplating an exemption, the regulator considers whether the alternative course of action proposed would ensure a health and safety level equivalent to complying with the Work Health and Safety Regulation.
Three types of exemptions that may be granted include:
- General Exemptions
- High-Risk Work License Exemptions
- Major Hazard Facility Exemptions
The regulator has the authority to grant exemptions to specific individuals or classes of persons. Nationally agreed principles guide the granting, refusal, amendment, or cancellation of exemptions by Workplace Health and Safety Queensland.
Exemption Applications:
Applications for exemptions must be submitted in writing. For more information regarding general exemptions, please contact 1300 362 128.
Current Exemptions:
Hazardous Chemicals and the GHS:
- Supplier Exemption: Applies to suppliers under section 338 of the WHS Regulation, allowing the supply of non-GHS labeled hazardous chemicals manufactured or imported before January 1, 2017.
- PCBU ('End User') Exemption: Permits the use, storage, and handling of non-GHS labeled hazardous chemicals by PCBUs or end-users.
Asbestos Removal Work:
- Class Exemption - Notification of Licensed Asbestos Removal Work due to Flooding or Severe Weather Conditions: Removes the requirement for licensed asbestos removalists to notify the regulator before such work due to flooding or severe weather conditions (effective until March 15, 2028).
House Relocations - Asbestos:
- Exemption for house removal companies relocating houses with asbestos, subject to stringent conditions to manage associated risks.
Exemptions Converted to Permanent Arrangements:
Certain class exemptions have been converted into permanent arrangements under amendments to the WHS Regulation effective November 14, 2013. These include exemptions for intermediate boiler operators, certain inflatable amusement devices, and operators with a bridge and gantry crane (remote) certificate from holding a dogging license for slinging their loads.