Workplace Health and Safety Queensland

Regulator

WHS Act 2011 (QLD)

Primary Legislation

WHS Regulation 2025

Current Regulation

Yes — since October 2017

Industrial Manslaughter

Since 2018

Section 26A Equivalent

1 December 2026

WEL Commencement

Yes

Harmonised Jurisdiction

Workplace Health and Safety Queensland operates within the Office of Industrial Relations in the Department of Employment, Small Business and Training. WHSQ is responsible for workplace inspections, enforcement, education, and compliance campaigns across all industries except mining and quarrying, which fall under Resources Safety and Health Queensland. WHSQ has a strong regional presence with offices across the state to serve the geographically dispersed workforce in regional and remote Queensland. The regulator conducts targeted compliance campaigns in construction, manufacturing, agriculture, and the resources sector, with a particular focus on high-risk activities including working at heights, electrical work, and hazardous chemical management. WHSQ also administers the electrical safety framework under the Electrical Safety Act 2002 and coordinates with local government on asbestos management in buildings.

Queensland introduced industrial manslaughter as a criminal offence in October 2017 under amendments to the WHS Act. The offence applies where a PCBU or senior officer's conduct causes the death of a worker and the person was negligent about causing the death. The maximum penalty for an individual convicted of industrial manslaughter is 20 years imprisonment. For a body corporate the maximum fine is approximately $17.5 million. Queensland was the first jurisdiction in Australia to enact this offence, and it has since been adopted in varying forms by Victoria, the ACT, the Northern Territory, and at the Commonwealth level. The introduction of industrial manslaughter reflected community outrage at workplace deaths and a determination that existing WHS penalties were insufficient to deter reckless conduct by persons in positions of control. WHSQ has investigated multiple cases under the industrial manslaughter provisions and secured significant outcomes that have driven behavioural change across industries.

Queensland has operated under a framework equivalent to Section 26A since 2018, meaning approved codes of practice have carried enhanced legal weight in Queensland for significantly longer than in other harmonised jurisdictions. Under the Queensland framework a person who follows an approved code of practice in relation to a matter is taken to have complied with the provisions of the WHS Act or regulation to which the code relates. A person who does not follow the code is not automatically in breach, but must be able to demonstrate that the alternative approach adopted provides an equivalent or higher level of safety. This framework has been tested through enforcement actions and prosecutions, giving Queensland regulators and businesses more experience with codes as compliance benchmarks than any other jurisdiction. The transition to the national Section 26A framework from 1 July 2026 will be seamless for Queensland businesses because the practical effect is identical to the framework they have operated under since 2018.

Queensland's economy spans construction, mining, agriculture, tourism, and manufacturing. The construction sector is concentrated in South East Queensland, particularly Brisbane, the Gold Coast, and the Sunshine Coast, where major infrastructure and residential projects drive high volumes of construction activity. The mining and resources sector in Central and North Queensland faces unique WHS challenges including heat stress, remote work, fatigue management, and hazardous chemical exposure in processing operations. Agriculture across regional Queensland involves high-risk activities including livestock handling, grain storage, chemical application, and operation of heavy mobile plant. Tourism and hospitality in coastal Queensland face workplace violence, manual handling, and heat stress challenges. WHSQ publishes annual compliance priorities that target the industries and hazards causing the most harm, and deploys inspectors to regional areas on rotating schedules to maintain a visible enforcement presence across the state.