What are legal obligations in the workplace?

As an employer, you are legally obliged to make sure your staff are trained to do their jobs safely. Certain industries also require specific training. Remember to keep a record of any training your staff complete.

Work health and safety training

As an employer, you must provide work health and safety training in order to keep your workplace safe for you, your staff and any visitors or customers.

You need to train your staff when they start working for you and provide regular refresher training. If you have made any changes to your business (e.g. to equipment, materials or processes), you will need to update your training. Providing training can reduce the chances of workplace incidents and injuries.

Read more about keeping your workplace safe.

First aid

First aid arrangements, and accessible equipment and facilities must be available to your staff.

Learn more about your first aid obligations.

Read the First aid in the workplace code of practice 2021 (PDF, 491KB).

WHS induction training

You must include work health and safety training in inductions for new and returning staff. Pandemic risk management training must also be provided to staff.

Learn more about staff inductions.

Changes to work health and safety legislation

Queensland's work health and safety laws changed on 1 January 2012. This new legislation brings a majority of Australian states and territories together under the Work Health and Safety Act 2011.

Fire and emergency training

You must make sure your staff know what to do in the event of a fire or other emergency. You must provide regular evacuation training for staff so they understand emergency procedures, including evacuation instructions, assembly point locations and use of fire alarms and equipment.

As a business owner or manager occupying a building in Queensland, you have a legal obligation to ensure the safety of any person in that building in the event of a fire or other emergency. It is also a legal requirement that you practice an evacuation annually as part of your training.

Learn more about fire safety and training and emergency planning requirements.

Personal protective equipment (PPE)

If your staff need to use PPE in order to keep safe when they're doing their jobs, you need to make sure they are properly trained. Training should cover arrangements for providing, using, storing and maintaining PPE.

Industry-specific training

Certain industries and job roles will require specific training. For example, if your staff need to drive a truck, forklift or operate machinery, you must make sure they have the appropriate licences.

Some key examples of industry and job-specific training are:

Security and cash

You should make sure that your staff are trained to use security equipment and understand cash management procedures. Staff should also be trained to be prepared in the event of an attempted robbery. Find out more about protecting your business from crime and personal safety in the workplace.

Read the Cash in transit code of practice 2011 (PDF, 762KB).

Liquor and gaming

If your business serves liquor, you must have a liquor licence. Each person on your liquor licence must undertake the responsible management of licensed venues (RMLV) training.

All other staff who serve liquor must undertake the responsible service of alcohol (RSA) training.

If you carry out gaming duties or gaming tasks within a licensed club or licensed hotel, you must complete the approved responsible service of gambling (RSG) training. Find out more about gaming licensing.

Also consider...

Work health and safety obligations apply to everyone involved in a business. Ensure you meet your obligations by familiarising yourself with the laws and following them.

If you don't meet your work health and safety obligations, you are putting people's health and even their lives at risk. You are also breaking the law and you may face penalties or prosecution.

Read more about how work health and safety laws will affect your business.

Business owners and employers

If you operate a business, you are legally required to provide and maintain a safe and healthy workplace for yourself and your workers, volunteers, customers and visitors.

Work health and safety legislation requires you to:

Learn more about personal safety in the workplace.

Workers

Workers have work health and safety obligations to themselves and their workmates. As a worker, you must:

comply with instructions given for work health and safety
use personal protective equipment if your employer provides it and if you are properly trained to use it
not wilfully or recklessly interfere with or misuse anything provided for work health and safety at the workplace
not wilfully place others at risk
not wilfully injure yourself.

Legislation

Workplace Health and Safety Queensland (WHSQ) monitors work health and safety in Queensland businesses. WHSQ enforces work health and safety laws and conducts inspections and investigations to ensure employers and others are meeting their obligations.

To understand your obligations and safety requirements, you must be familiar with:

If there is a regulation that describes how to manage a risk in your business, you must follow it. In the case of a code of practice, duty holders must comply with an approved code of practice under the WHS Act or follow another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety to the standard required in this code. If there is no regulation or code of practice, you must take reasonable precautions and choose an appropriate way to minimise the risk.

WHSQ inspectors help employers to develop and improve work practices in the workplace. If you fail to meet your health and safety obligations, an improvement notice or prohibition notice may be issued. Read more about compliance and enforcement.

Also consider...

In Western Australia, the law requires your employer to provide a high standard of safety and health at the workplace and ensure that you are not injured or harmed because of your work.

Your employer has a responsibility to provide and maintain, as far as practicable, a safe working environment, under section 19(1) of the Occupational Safety and Health Act 1984. This is called the employer's 'duty of care' and it applies regardless of the terms or type of your employment and includes casual workers.

The employer's 'duty of care' includes protecting you from both physical hazards (for example, slippery floors, heavy loads, unguarded machinery and hazardous substances) and 'psychosocial' workplace hazards (for example, workplace bullying, violence and aggression).

The employer's 'duty of care' means that your employer must, as far as practicable:

provide and maintain workplaces, plant and systems of work so that you and other workers are not exposed to hazards;
provide information about the hazards and risks from your job;
provide you with instruction, training (including an induction) and supervision so you are able to work safely;
consult and co-operate with safety and health representatives (if any) and employees about safety and health;
where it is not practicable to avoid the presence of hazards, provide adequate personal protective clothing and equipment without any cost to you; and
ensure your safety and health in relation to plant and hazardous substances at the workplace so you are not exposed to hazards.

To meet their 'duty of care', the employer must take into account any individual needs an employee may have to ensure they are able to work safely.

Your employer also has a responsibility to inform you about:

how to resolve any complaints or concerns about safety and health at work;
what to do in an emergency;
what to do if you are injured; and
your rights to workers' compensation if you are injured.

You also have the right to:

be represented by a safety and health representative (Sections 29-32 of the OSH Act) and/or have a safety and health committee (Sections 36-41 of the OSH Act) – you can request your employer holds an election for safety and health representatives and/or sets up a safety and health committee;
be notified about the outcome of investigations into hazards or injuries that you have reported (Section 23K of the OSH Act); and
refuse to work where you have reasonable grounds to believe there is a risk of imminent and serious injury or harm to health – before considering this, it is advised that you refer to the requirements that must be met.

You also have a duty of care responsibility in relation to safety and health at the work. This includes working safely and not affecting the safety and health of others.

Casual and labour hire workers

Casual and labour hire workers have a right to a safe workplace and the same safety and health standards as for other workers.

If you are a casual or labour hire worker, you must be provided with safety and health training, instruction and information so you can work safely, not matter how short a time you will be at the workplace.

Further information

Casual workers – Managing the safety of a temporary workforce.
Industry checklist – OSH and labour hire workers

Individual needs

The law in Western Australia requires the employer to take into account the individual needs of employees to ensure they are able to work safely. This means the employer must consider the appropriate format for your safety and health training, instruction and information so you are best able to understand them.

For example, for workers from a migrant or non-English speaking background, the information, instruction and training may need to be provided in other languages so workers can fully understand what is required.

Further information

Induction

Part of the employer's 'duty of care' includes providing employees with instruction, training and supervision so you are able to work safely. This must include a general and job specific induction.

Personal protective clothing and equipment (PPE)

Where it is not practicable to avoid the presence of hazards, your employer has a duty to provide adequate personal protective clothing and equipment (PPE) without any cost to you. This applies whether you are an employee at the workplace or a labour hire employee.

Examples of PPE are:

gloves;
safety boots;
aprons;
dust masks; and
safety glasses.

If you require PPE different to what is being provided by your employer, for example prescription safety glasses instead of over glasses or brand name safety boots, consult your employer about who will pay the difference in cost.

Where your employer has provided you with PPE, they must inform you on:

when it is to be used;
how it is to be used; and
how to maintain it.

Where your employer has directed you to use PPE, you must:

use the PPE according to the employer's instructions – ask for assistance if you do not understand;
not misuse or damage the PPE; and
when you notice the PPE is damaged, not working or dirty, report this to the appropriate person at the workplace.

PPE is often used in conjunction with other control measures, and should not be the only way of controlling a hazard. Ask your employer if you are not clear about all the controls in place to eliminate or minimise a hazard.

Further information

Codes of practice: First aid facilities and services; workplace amenities and facilities; personal protective clothing and equipment

Employees – your responsibilities

As an employee, you have a 'duty of care' responsibility for safety and health at the workplace. Under Section 20 of the Occupational Safety and Health Act 1984, your 'duty of care' means that you must:

work safely to ensure your own safety and health;
make sure your actions do not cause injury or harm to others;
follow your employer's instructions on safety and health – ask for assistance if you do not understand the information;
take care of any protective clothing and equipment (PPE) in the way you have been instructed and report any concerns about it;
report any hazards, injuries or ill health to your supervisor or employer; and
cooperate with your employer when they require something to be done for safety and health at the workplace.

The employee's 'duty of care' responsibility also applies to contractors, labour hire workers, apprentices and workers in other labour arrangements.

Where you wish to take a more proactive role in ensuring safety and health at the workplace, there are different options for participating at the workplace.

Concerns about workplace safety and health

A wide range of issues can be safety and health concerns that need to be addressed, such as slippery floors, lifting heavy loads, faulty or unguarded machinery and equipment, chemicals and workplace bullying or violence.

If you are concerned about your own or your co-workers' safety and health:

talk to your supervisor, employer and/or safety and health representative (if there is one) – do this straight away before a small problem gets more serious and causes an injury or harm;
talk to one of your more experienced co-workers;
raise your concerns with your safety and health committee or safety and health manager if you have them;
try to resolve the issue through your workplace's issue resolution procedure;
where attempts to resolve a safety and health issue at work have not succeeded and there is a risk of imminent and serious injury or harm to health, you can contact WorkSafe and request an inspector attend the workplace;
where attempts to resolve a safety and health issue at work have not succeeded and there is no risk of imminent and serious injury, you can contact WorkSafe for advice. If you wish an inspector to attend the workplace, your request will be considered – you can request that WorkSafe does not release your name to your employer; and
refuse to work where you have reasonable grounds to believe there is a risk of imminent and serious injury or harm to health – before considering this, it is advised that you refer to the requirements that must be met;
if you work through a group training organisation or labour hire agency, report your concerns to them, as well; and/or
if you are a work experience or structured workplace learning student, speak to your teacher or trainer about your concerns.

Participating in safety and health at the workplace

Participating in safety and health at the workplace is a way of having a say on the safety and health of your job and that of your co-workers.

Employees are often best placed to know about safety and health because they know how the work is actually done and may have seen near misses and incidents in the past.

You can participate in safety and health at the workplace by:

talking directly with your employer, supervisor and co-workers about any concerns you may have;
notifying the supervisor or employer of any hazards or injuries, or potential hazards or injuries;
participating in training on any procedures that you are unfamiliar with;
asking questions about any matters you do not understand;
where required, requesting information and training be provided in an appropriate format to suit your needs, for example through the use of an interpreter or translator;
where there are safety and health representatives or a safety and health committee, raising issues with them and/or nominating to become a safety and health representative or a committee member; and
where you don't have safety and health representatives, you can request your employer hold an election for them.

Refusal to work

Under section 26 of the Occupational Safety and Health Act 1984, employees may refuse to undertake some work where they have 'reasonable grounds' to believe there is a risk of imminent and serious injury or harm to health.

However, the employee must have reasonable grounds for believing the work is unsafe ie there must be the real probability of an accident, injury or harm occurring.

There are certain factors that should be taken into account when considering whether or not there are reasonable grounds to believe that continuing to work would result in exposure to the risk of imminent and serious injury or harm to health. These factors include whether a WorkSafe inspector has attended the workplace because an issue could not be resolved and what measures, if any, they required be taken to remove the risk.

Before you refuse to work, you must take the following steps:

notify the employer and safety and health representative (if there is one); and
attempt to resolve the issue according to the workplace's relevant (issue resolution) procedure.

The decision to refuse to work should be made with care – it is recommended that you read the information listed below. These also outline the requirements in relation to assignment of alternative work and payment of entitlements.