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Legal and Regulatory WHS Foundations

# Legal and Regulatory WHS Foundations Understanding the legal and regulatory environment of WHS is the first step in building a safe, compliant and sustainable workplace. These foundations define what is required of your business, who is responsible and how safety must be managed in practice. Queensland has workplace health and safety laws to ensure that all workers and anyone involved with the work are protected from harm by actively identifying risks, implementing controls, and maintaining systems that support safe operations in your business. As Aboriginal and Torres Strait Islander businesses, we also have obligations that sit alongside broader responsibilities to community, culture, and Country. Having a strong understanding of WHS law also enables businesses to operate confidently, meet procurement requirements and demonstrate leadership and safety. Queensland’s WHS Framework The QLD framework can be broken down into three main parts. 1. Legislation is the rules of the law that tell you what you must do. 2. Regulations are the details of the law, which tell you how risks must be managed. 3. Codes of Practice are the guidance that shows you practical ways to meet the regulations and comply with the legislation. Primary WHS Legislation Primary WHS legislation forms the legal foundation of workplace health and safety (WHS) in Queensland. It establishes the core duties, responsibilities, and requirements that all businesses must follow to ensure work is carried out safely. These laws define what is expected, who is accountable, and the standard of care that must be maintained in every workplace. The WHS legislative framework encompasses the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld), which together set out the primary legal obligations and the detailed requirements for managing risks. Understanding this legislation is important because it highlights all safety systems, policies, and procedures within your business and ensures you are operating in line with Queensland law. Work Health and Safety Act 2011 (Qld) The Work Health and Safety Act 2011 (Qld) is the central piece of legislation governing workplace safety in Queensland. This Act applies broadly across all industries and forms the legal basis for all WHS systems and processes, and establishes The Primary Duty of Care, under which businesses must ensure the health and safety of workers to the greatest extent possible. Officer Duties, where leaders have due diligence to ensure compliance. The responsibilities of workers and how they must take reasonable care for their own and others’ safety. The consultation requirements of the business with their workers on safety matters. Work Health and Safety Regulation 2011 (Qld) The Work Health and Safety Regulation 2011 (Qld) provide detailed requirements that support the Work Health and Safety Act 2011 (Qld), particularly for managing specific hazards and high-risk activities. The Regulation translates things like Hazardous manual tasks, Plant and equipment safety, Hazardous chemicals, Personal protective equipment (PPE) and High-risk work licensing into more specific, enforceable requirements. Key Regulatory Authorities Safe Work Australia and WorkSafe Queensland are government bodies that are the key regulatory authorities responsible for developing, overseeing, and enforcing WHS law. The regulatory authority sets standards that businesses must follow, provides guidance on meeting those requirements, and monitors compliance through education, inspections, and enforcement. Regulatory Authorities help translate legislation into practical application, support incident reporting and investigation, and help businesses continuously improve their safety practices. WorkSafe Queensland WorkSafe QLD is the primary regulator for Workplace Health and Safety in Queensland. Their website provides guidance, tools, alerts, and industry-specific WHS resources for you to use and implement in your workplace and business. WorkSafe also plays a key role in education and prevention, helping you to understand your WHS obligations and improve safety outcomes. SafeWork Australia SafeWork Australia develops the national WHS model laws, which WorkSafe Queensland and other states use to ensure consistency across Australia and to support all businesses, regardless of state. Safe Work Australia provide model legislation, the National Codes of Practice, Research and data on workplace safety trends and guidance on emerging risks. We recommend you subscribe to Safe Work Australia to receive the latest updates, news and relevant information for your business. Subscribe | Safe Work Australia Primary WHS Legislation Primary legislation forms the legal foundation of workplace health and safety (WHS) in Queensland. It establishes the core duties, responsibilities, and requirements that all businesses, workers, and leaders must follow to ensure work is carried out safely. These laws define what is expected, who is accountable, and the standard of care that must be maintained in every workplace. The WHS legislative framework comprises the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld), which together provide the overarching legal obligations and the detailed requirements for managing risks. Understanding this legislation is important because it highlights all safety systems, policies, and procedures within your business and ensures you are operating in line with Queensland law. Work Health and Safety Act 2011 (Qld) The Work Health and Safety Act 2011 (Qld) is the central piece of legislation governing workplace safety in Queensland. This Act applies broadly across all industries and forms the legal basis for all WHS systems and processes, and establishes The Primary Duty of Care, under which businesses must ensure the health and safety of workers to the greatest extent possible. Officer Duties, where leaders have due diligence to ensure compliance. The responsibilities of workers and how they must take reasonable care for their own and others’ safety. The consultation requirements of the business with their workers on safety matters. Work Health and Safety Regulation 2011 (Qld) The Work Health and Safety Regulation 2011 (Qld) provide detailed requirements that support the Work Health and Safety Act 2011 (Qld), particularly for managing specific hazards and high-risk activities. The Regulation translates things like Hazardous manual tasks, Plant and equipment safety, Hazardous chemicals, Personal protective equipment (PPE) and High-risk work licensing into more specific, enforceable requirements. Codes of Practice (QLD) Codes of Practice provide practical, step-by-step guidance to help businesses meet their workplace health and safety (WHS) obligations under Queensland law. While they are not legislation, they are legally recognised and play an important role in demonstrating what is considered “reasonably practicable” in managing workplace risks. Courts may refer to these Codes when determining whether a business has met its obligations, meaning that following a relevant Code is one way to show compliance. Codes of Practice translate legal requirements into clear, actionable steps for everyday operations. They cover common workplace risks and provide structured approaches to identifying hazards, assessing risks, implementing controls, and maintaining safe systems of work. By using these Codes, businesses can move from understanding their legal duties to applying them consistently and practically, supporting safer workplaces and stronger compliance outcomes. Codes of Practice provide practical, step-by-step guidance on meeting WHS obligations. They are not laws themselves, but they are legally recognised, meaning Courts may use them as evidence of what is considered “reasonably practicable”, and following a Code is one way to demonstrate compliance. Codes may not cover every risk that arises, so it’s important to consider all the hazards that are connected to your workplace.