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Transitional provisions

When the Work Health and Safety Act 2011 (PDF, 1.42 MB) came into effect on 1 January 2012, transitional provisions and delayed commencement of certain provisions were included to provide a smooth transition to new requirements.

The Work Health and Safety Regulation 2011 has been amended by the Work Health and Safety and Another Regulation Amendment Regulation (No. 1) 2014 (PDF, 181 kB) (the amendment Regulation) which came into effect on 16 May 2014.

The amendment regulation implements findings from the Queensland Government's review of the work health and safety laws and does the following:

Some of these amendments mean that transitional arrangements previously included in the WHS Regulation are no longer required, for example, the transitional arrangement delaying the commencement of audiometric testing.

Transitional provisions for the Work Health and Safety Regulation 2011

Provisions that commence 1 January 2014

Provisions that commence 1 January 2014
Key pointsCommencement or transitional arrangement
Remote or isolated work - Section 48

Requires business operators to have a communication system for remote and isolated work. The person conducting a business or undertaking (PCBU) must:

  • manage risks to the health and safety of a worker associated with remote or isolated work
  • provide a system of work that includes effective communication with the worker.

remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.

The requirement to have a system of work that includes effective communication with remote or isolated workers commences on 1 January 2014.

High risk work (HRW) - Section 726

The following HRW licences have transitional arrangements:

  • Intermediate boiler operators.

All HRW licences have been rolled over until the date they are due to expire.

The existing transitional arrangement that allows intermediate boiler operators whose HRW licence was converted to a standard boiler operator to continue carrying out intermediate boiler operator work for the duration the licence is in force will expire on 31 December 2013. An amendment has been made to the WHS Regulation to make this a permanent arrangement. That is, a person with a HRW for the licence class standard boiler operator is not required to hold the HRW for licence class advanced boiler operator if:

  • they held an intermediate boiler operator HRW under the repealed WHS Regulation; and
  • they do not operate a boiler with multiple fuel sources.
Asbestos - Sections 432 and 433

Asbestos management plans required for naturally occurring asbestos.

See section 2.

Asbestos - Section 489

New licence category for individual 'asbestos assessors' required for clearance inspections, clearance certificates and air monitoring for Class A asbestos removal work.

From 1 January 2014, a clearance inspection and clearance certificate for Class A asbestos removal work must be done by an independent licensed asbestos assessor (section 760).

Asbestos - Sections 485 and 491

Requirement to hold a Class A asbestos removal licence.

Friable asbestos removal certificates issued under the repealed WHS Regulation 2008 continue as transitional class A asbestos removal licences under the WHS Regulation until 31 December 2013 (s.745) under existing terms and conditions (ss.746, 747, 748 and 749).

Asbestos - Section 493

Class A asbestos removal licence holder must have a certified WHS management system.

Holders of friable asbestos removal certificates issued under the repealed WHS Regulation 2008 wanting to apply for a new Class A licence have until 31 December 2013 to obtain a certified WHS management system (s.745).

Provisions that commence 1 January 2015

Provisions that commence 1 January 2015
Key pointsCommencement or transitional arrangement
High risk work (HRW) - Section 726

The following HRW licences have transitional arrangements:

  • reach stacker - new licence category

HRW licences where the unit of competency is not yet available.

All HRW licences have been rolled over until the date they are due to expire.

A person holding a non-slewing crane licence will be able to continue HRW for the reach stacker class until 1 January 2015.

There is some HRW licence classes under the WHS Regulation for which the new unit of competency is not yet available (e.g. reach stacker and concrete placing boom). In these instances a person may use an assessment summary or statement of attainment for a HRW licence under the repealed WHS Regulation to apply for the equivalent HRW under the WHS Regulation until 1 January 2015.

Plant and structures - Section 272

Registration of plant is for five years, (one year under the WHS Regulation 2008).

See sections 2 and 272A.

Plant and structures - Section 779

Design registration for concrete placing booms.

Design registration of concrete placing booms is not required until 1 January 2015. See section 779.

Asbestos - Sections 435 to 444

Persons conducting a business or undertaking to provide health monitoring for certain workers involved in removal or other asbestos-related work, Part 8.5, Division 1 (sections 435 to 444).

See section 2.

Asbestos - Sections 454, 455, 466 and 467

Requirement to notify the regulator of:

  • demolition of a pre 31 December 2003 structure or plant in an emergency, section 454 and 455
  • licensed asbestos removal work, section 466
  • asbestos fibre levels exceeding 0.02 fibres/ml during Class A asbestos removal work, section 476.

Notifications effective from 1 January 2012. However, notification of supervisor details for class B asbestos removal work is not required while work is being done by a transitional B class licence holder (up to 31 December 2014 - s.754).

Asbestos - Sections 473 and 474

Requirement for independent competent person to do clearance inspections and clearance certificates for removal of more than 10m2 of non-friable asbestos.

1 January 2015. From 1 January 2012, a clearance inspection must still be done by an independent competent person but this includes a 'person who has acquired through training, qualifications and experience the knowledge and skills to carry out the task' (s.761).

From 1 January 2015, a competent person must be a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds one of the following:

  • certification in either CPCCDE3014A Remove non-friable asbestos or CPCCDE3015A Remove friable asbestos
  • certification in CPCCBC5014A Conduct asbestos assessment associated with removal
  • a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction, or environmental health.

a. * Note: 'independent' is defined in schedule 19 of the WHS Regulation 2011.

Asbestos - Sections 487 and 491

Requirement to hold a Class B asbestos removal licence. Both Class A and Class B licences are business licences which must be held by a PCBU (under the WHS Regulation 2008 B class certificates can be held by individuals).

Bonded asbestos removal certificates issued under the repealed WHS Regulation 2008 continue as transitional class B asbestos removal licences under the WHS Regulation until 31 December 2014 (s.750) under existing terms and conditions (ss.751, 752, 753 and 754).

Provisions that commence 1 January 2017

Provisions that commence 1 January 2017
Key pointsCommencement or transitional arrangement
Asbestos - Sections 471, 472, 483 and 484

Globally Harmonised System (GHS) labelling of containers and asbestos waste.

Introductory period for GHS - until 31 December 2016 (s.781).

Hazardous chemicals - Section 781

Replaces the Australian Dangerous Goods (ADG) Code with the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) as part of the transition process to a single labelling system in Australia.

Current chemical classification and labelling provisions and GHS system will operate concurrently until 31 December 2016, after which classification and labelling will be required only in accordance with GHS (s.781).