National Compliance and Enforcement Policy
The National Compliance and Enforcement Policy establishes universally agreed principles for overseeing and ensuring compliance with key legislative acts, namely the Work Health and Safety Act 2011 (WHS Act), Electrical Safety Act 2002 (ES Act), and Safety in Recreational Water Activities Act 2011 (SRWA Act). Following the 2017 Best Practice Review of Workplace Health and Safety Queensland, the Compliance Monitoring and Enforcement Policy has been crafted to detail how regulatory bodies employ compliance monitoring and enforcement to compel duty holders in fulfilling their legal obligations. This is crucial to safeguard workers and others from potential hazards leading to fatalities, injuries, or illnesses.
Duty holders are mandated to adhere to legislative obligations, and the regulator employs compliance monitoring and enforcement strategies to maintain a credible threat of detecting non-compliance. The Compliance Monitoring and Enforcement Policy, as of 2018, outlines the framework for ensuring compliance.
Enforcement Powers and Strategies
When inspectors identify a contravention or potential risk, they are empowered to address it using their powers under the legislation. Duty holders can promptly rectify contraventions or risks identified by inspectors to achieve immediate compliance. This immediate rectification is documented by the inspector and noted on the employer or workplace's record. In cases where immediate rectification is not feasible, a notice to remedy is issued.
Other enforcement options encompass:
Seizing: This involves the confiscation of items such as plant, equipment, or substances in specific circumstances, including preserving evidence or analyzing/testing the item.
Suspension or Cancellation of a License or Accreditation: This option is employed when there are repeat offenses, the nature of the offense poses serious risks, or other penalties have failed to effect necessary changes.
Prosecutions: Legal actions taken against duty holders for non-compliance with legislation.
Enforceable Undertakings: Voluntary agreements between duty holders and regulators outlining actions to rectify contraventions.
Statutory notices issued under the WHS or ES legislation must be prominently displayed at the affected workplace area. These notices remain in force and must not be intentionally removed, destroyed, damaged, or defaced. Injunctions from Magistrates Courts can be sought to enforce compliance with inspector notices or to restrain individuals from contravening these notices.
Notices
Infringement Notices (On the Spot Fines): Issued under the State Penalties Enforcement Act 1999 for identified offenses, with some offenses prioritized for additional focus.
Prohibition Notices: Issued for activities posing serious risks to health or safety, requiring immediate action.
Improvement Notices: Issued for contraventions that do not result in prohibition notices, specifying actions to rectify the contravention.
Non-Disturbance Notices: Issued to preserve sites or prevent disturbance after a notifiable incident, specifying measures and penalties.
Electrical Safety Protection Notice (ESPN): Issued for immediate electrical risks, directing actions to stop activities or disconnect electrical equipment.
Unsafe Equipment Notice: Directs owners to make electrical equipment harmless or inoperable.
Inspectors have the authority to seize items for evidence, analysis, or when there is a belief that the item is defective, hazardous, or likely to cause injury. License or accreditation suspension/cancellation is a measure used for serious offenses or persistent non-compliance.
The Enforcement Options seek to create a robust framework ensuring compliance, worker safety, and continuous improvement in adherence to legislative duties.