Workers' Compensation and Rehabilitation (Coal Workers' Pneumoconiosis) and Other Legislation Amendment Bill 2017
Plain English Summary
Overview
This bill improves workers' compensation for Queensland coal miners and others with dust-related lung diseases, sets up a committee so families of workers killed or seriously injured at work have a formal voice, and strengthens electrical licensing safety rules. It responds to the re-identification of coal workers' pneumoconiosis (CWP) in Queensland.
Who it affects
Coal workers (current and retired) with lung disease, families of people killed or seriously injured at work, injured workers appealing compensation decisions, and licensed electrical workers. Employers in the coal industry and self-insurers pay the costs.
Compensation for coal workers' pneumoconiosis and other dust lung diseases
Creates a new lump sum of up to $120,000 for workers with pneumoconiosis, including coal workers' pneumoconiosis and silicosis. Workers whose disease worsens can re-open their claim and access further payments, even in some cases after settling a common law claim.
- New lump sum of up to $120,000 based on a pneumoconiosis score from chest x-rays
- Workers can re-open claims if their lung disease progresses to a higher score band
- Compensation reduced by 5% per year for workers aged over 70 when lodging, capped at a 50% reduction
- Compensation payable even if the worker has no permanent impairment rating
Free lung disease exams for former coal workers
Former coal workers who retired before 1 January 2017 and had at least 6 months of coal dust exposure in Queensland can apply to their insurer for a free lung disease examination until 1 January 2022. The cost is met through workers' compensation premiums.
- Free chest x-ray and respiratory function examination for eligible former coal workers
- Applications open for five years, closing 1 January 2022
- WorkCover can charge employers an additional premium to cover the exam costs
- Refusals can be reviewed internally and by the workers' compensation regulator
No stays on weekly compensation during appeals
Stops self-insured employers from getting the Queensland Industrial Relations Commission to pause a worker's weekly compensation while the employer appeals a decision to accept the claim.
- The Industrial Relations Act 2016 stay power no longer applies to these workers' comp appeals
- Existing stay orders made before commencement are preserved
- Prevents injured workers being left without income during appeals
Committee for families affected by workplace deaths and serious injuries
Establishes the Persons Affected by Work-related Fatalities and Serious Incidents Consultative Committee under the Work Health and Safety Act. It advises the Minister on the information and support needs of families and others affected by workplace tragedies.
- At least 6 committee members, with the chair and deputy chair being directly affected people
- Committee covers all workplaces including coal mines, not just those covered by the Work Health and Safety Act
- Members are unpaid but reasonable expenses are reimbursed
- Committee reports to the Minister each year and the report is tabled in Parliament
Immediate suspension of electrical licences
Following a 2012 inquest into a construction-site electrocution, allows the electrical safety regulator to immediately suspend a licence where electrical work may have caused death or grievous bodily harm, or poses imminent serious risk.
- Regulator can suspend a licence on the spot without first holding a hearing
- The Electrical Licensing Committee must hold a disciplinary hearing within 10-20 business days
- Suspended licensees can submit written representations and can appeal the final decision to QCAT
- Initial suspension decision is not itself externally reviewable, but the hearing outcome is
Electrical licensing competency checks
Tightens Queensland's electrical licensing framework following a 2016 KPMG review. Licence holders can be directed to re-sit competency assessments and the regulator can gather information from past employers and training organisations.
- Electrical Licensing Committee can direct existing licence holders to undergo competency reassessment
- Regulator can require information from employers and registered training organisations when assessing applications
- Directions to reassess are reviewable by QCAT
- Failure to comply or failing the reassessment can support disciplinary action
Bill Journey
Committee report tabled
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
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