The Resources Safety and Health Legislation Amendment Act 2024

More protection for Queensland’s resources workers’ safety and health

The Resources Safety and Health Legislation Amendment Act 2024 introduces preventative and proactive reforms to improve the Queensland resources sector’s safety and health performance to reduce the occurrence of fatalities and serious accidents.

The reforms have been informed by:

• a review of all fatal accidents in Queensland’s mines and quarries from 2000 to 2019 (Brady Review)
• the Queensland Coal Mining Board of Inquiry finalised in May 2021
• the Queensland Government’s mining industry-wide safety resets in 2019 and 2021.

Notably, the package of reforms implements the final recommendations for Resources Safety and Health Queensland (RSHQ) from the Queensland Coal Mining Board of Inquiry which investigated the Grosvenor mine explosion and the coronial inquest into the death of Gareth Dodunski.

The changes will begin over the next five years to allow industry implementation. All of the provisions of the Act will commence on 1 September 2024 other than the provisions relating to critical controls and additional certificates of competencies for key critical safety roles which will commence on 1 June 2025. Critical controls will have a one-year transitional period to allow for industry to be ready by 1 June 2026.

The new competencies have a five-year transitional period, to allow industry workers to obtain the new competencies by 1 June 2030.

The key reform areas under the Act aim to:

• facilitate high reliability organisation behaviours within the resources sector
• modernise regulatory enforcement powers
• ensure Queensland’s resources safety and health legislation is contemporary and effective.

Critical controls are a particular focus and aim to address serious risks on mine sites. Previously, these controls have been voluntarily applied across industry. The new laws now require mine and quarry sites to incorporate critical controls as part of the mine’s safety and health management systems.

Additional competencies for key safety critical roles in coal mines are now required for mechanical and engineering managers and surface mine managers. These strengthened competencies, issued by the Board of Examiners aim to ensure that those appointed to these positions working at the operational level of coal mines in complex and hazardous coal mining operations have sufficient experience, knowledge and understanding of safety and health obligations.

There will be a lengthy transitional period of five years from 1 June 2025 for appointees to these positions to have the required certificate of competency and associated practicing certificate.

Additionally, a compliance and enforcement framework will be introduced for continuing professional development (CPD) for those in safety critical roles. CPD will be required in key areas including mining methods, emergency management and leadership, risk management, and legislation changes.

The provisions in the Act relating to CPD will commence on 1 September 2024 with practising certificates to be mandatory for existing certificates of competency holders from 10 June 2025.

The legislation enhances and streamline incident reporting through a new electronic reporting system, managed by RSHQ, which will better facilitate information sharing of incident data. This will help promote a mature reporting culture that seeks understanding to prevent incidents and to promote learning and improvement.

Enforceable undertakings will be introduced, a first for the Queensland resources sector. An enforceable undertaking is an alternative to prosecution and allows the regulator to accept an undertaking from individuals and companies where they have breached the safety and health legislation, but not in matters involving workplace deaths.

Guidelines to support enforceable undertakings will be developed in consultation with stakeholders and will be published on the website when available.

As part of the legislation, RSHQ’s petroleum and gas inspectors will now be able to compel relevant people to give information or answer questions.