Resources Safety and Health Legislation Amendment Bill 2024
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
That the bill be now read a second time
Party VoteThe motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Referred to Clean Economy Jobs, Resources and Transport Committee
As a certified practising quarry manager and SSE, supported the safety bill with reservations about the lack of consultation, particularly for smaller quarry operators. Strongly opposed carbon capture in the Great Artesian Basin.
“There is no way in the world we would ever want to inject CO2 into the Great Artesian Basin. There is no way in the world this side of the House would ever think of that.”— 2024-06-12View Hansard
Plain English Summary
Overview
This bill strengthens workplace safety across Queensland's resources sector following the Coal Mining Board of Inquiry and a review of fatal mining accidents. It requires better risk management through critical controls, mandates competency standards for key safety roles, modernises enforcement powers, and clarifies that companies can be prosecuted for industrial manslaughter when workers die due to criminal negligence.
Who it affects
Mine workers, petroleum and gas workers, and explosives industry workers gain better protections. Operators, labour hire agencies and contractors face clearer accountability for safety, while managers in safety-critical roles must meet new competency and training requirements.
Safer workplaces through critical controls
Mines and quarries must now identify and manage 'critical controls' - the safety measures that prevent the most serious accidents. These must be built into safety management systems and regularly monitored.
- Critical controls must be integrated into safety and health management systems
- Remote operating centres (off-site facilities monitoring mines) now covered by safety obligations
- Incident reporting modernised through new electronic system
- Workers who raise safety concerns have stronger protection from retaliation
Competency standards for safety-critical roles
Key managers at mines must now hold certificates of competency and complete ongoing professional development to stay current with safety practices.
- New certificates required for surface mine managers, electrical and mechanical engineering managers
- Practising certificates required with mandatory continuing professional development
- Site senior executives must be located at or near the mine (not more than 14 days away)
- 5-year transition period for new certificate requirements; 3-year period for practising certificates
Industrial manslaughter clarification
The bill clarifies who can be prosecuted for industrial manslaughter when a worker dies due to criminal negligence, addressing concerns that labour hire arrangements created loopholes.
- Operators, labour hire agencies, contractors and any entity arranging workers can be liable
- Multiple entities can be prosecuted if jointly responsible for a death
- Applies across coal mining, metalliferous mining, quarrying, petroleum and gas, and explosives sectors
Modern enforcement tools
The safety regulator gains new enforcement options to improve compliance without always resorting to prosecution.
- Enforceable undertakings allow companies to commit to safety improvements instead of prosecution (not available for deaths)
- Courts can order adverse publicity, safety projects, training or restoration after convictions
- Inspectors can compel answers during incident investigations with self-incrimination protections
- Time limit for prosecutions extended to 2 years from when offence comes to notice