Workplace Duty of Care Lawyers QLD

All Queensland workers have the right to a healthy and safe workplace.

Going to work every day is challenging enough without enduring a dodgy work environment. In Queensland, you have the legal right to be safe at work. Workplace Health and Safety (WHS) Laws protect workers’ welfare, health, and safety. Your employer is legally responsible for ensuring your workplace safety by taking reasonable precautions. When you have a work injury due to workplace negligence, our workplace duty of care lawyers can assist, 100% no win no fee.

The Workplace Health and Safety Act 2011 (QLD) states that health refers to psychological well-being and physical welfare. So, if you were physically injured while using equipment or acquired a mental illness because of harassment and bullying, QLD workplace health and safety laws would apply in these and many other circumstances.

Call Now – 1800 700 125 or email us >

Free Claim Check

Find out if you have a
claim in 30 seconds

What is My Employer’s Duty of Care?

Your employer’s primary duty of care is to provide you with a safe, healthy workplace. This reasonable care obligation encompasses a wide range of safety responsibilities. You cannot simply ensure that all the onsite equipment is secure and risk-free. Your boss must also provide sufficient training and education to ensure all workers have the necessary skills to do their job safely to reduce the risk of work accidents, injury and health risks.

Your employer’s duty of care obligations include the following:

You could have the legal right to seek workplace compensation when you have been physically or psychologically harmed or acquired an illness due to your employer’s negligence. Contact our work injury lawyers to know your options if this is your circumstance. It’s free to know where you stand.

We’re here to help

Our expert lawyers can guide you through the legal process to a better tomorrow.

Do I Have a WorkCover or Workers’ Compensation Claim?

When you have been harmed by a possible breach of duty in Queensland, you might have a legitimate workers’ compensation or WorkCover claim, regardless of whether you are employed permanently, casually, or part-time. Physical injury, occupational acquired illness and mental health conditions all qualify. Please get in touch with Splatt Lawyers if:

What is the QLD Work Health and Safety Act (WHS)?

The Work Health and Safety Act 2011 assigns all persons operating a business a principal duty to manage health and safety risks by identifying and removing them to the extent that it is reasonably practicable. This safety legislation extends to all employers, principal contractors, self-employed, designers, manufacturers and suppliers and importers of workplace structures and substances.

Legislation relating to WHS encompasses:

  • Codes of Practice
  • National Compliance and Enforcement Policy
  • Model Workplace Health and Safety Act
  • Model Workplace Health & Safety Regulations

Queensland work, health and safety laws provide a sensible and consistent legislative structure to secure the welfare of employees. Every employer has an obligation to abide by WHS regulations contained within various legislative acts. Business owner obligations include:

  • Provide a healthy and safe work environment
  • Protect worker safety – both physical well-being and psychological health
  • Provide safe work systems
  • Maintain current WHS policies
  • Audit and remedy workplace risks
  • Comply with industry codes of practice

What is Covered by Work Health and Safety Rules?

The QLD WHS Act 2011 provides codes of practice with sensible advice on meeting the health and safety standards covered by the Act. These handy guides outline how to identify and deal with injury risks. These documents were updated on 1st July 2018, requiring the compliance of all duty holders with the code of conduct for keeping employees safe. These are some of the work situations where a code exists.

  • Working with explosives
  • Cash in Transit
  • Concrete Pumping and Formwork
  • Working in confined spaces
  • Working with electricity
  • Demolition and excavation
  • Hazardous Materials and Chemicals
  • Workplace first aid
  • Working with horses
  • Managing and controlling asbestos
  • Working with excessive noise
  • Managing the risk of falls
  • Occupational diving and snorkelling
  • Mobile cranes
  • Tower cranes and mobile cranes
  • Concrete construction

Employers can be prosecuted when they fail to meet the requirements outlined in their applicable industry code of practice.

Who is Responsible for Creating a Safe Workplace?

Workplace safety is a shared obligation between persons conducting a business and their workers. Everyone is responsible for maintaining a safe working environment by consulting on safety matters. The business owner has a legal duty to create a safe workspace, but employees should contribute by alerting their boss to potential hazards.

Well-written OHS policies and procedures help ensure that everyone understands their responsibilities and how they can help prevent workplace accidents from happening. They set an expectation of everyone’s obligation to keep each other free from harm. Developing a framework for the identification and removal of injury risks and health risks helps ensure a safe environment.

The Occupation Health and Safety Policy is a document that outlines the company’s commitment to OHS.

OHS procedures are a step-by-step guide to the safe completion of work tasks. Creating these procedures should be a collaborative process between business owners/managers and employees, ensuring everyone has a positive attitude towards safety. OHS policies must be accessible and current for all stakeholders. Industries with a higher level of risk are likely to have a higher volume of procedures. OHS documents frequently cover:

  • How Work Health and Safety problems are resolved.
  • Procedures for collaborating with employees on safety issues
  • Workplace risk audit processes
  • The provision of training and information
  • Procedures for creating action plans and implementing safety measures

What is a Material Safety Data Sheet?

Safe Work Australia maintains a Hazardous Chemicals Information System (HCIS) to support all stakeholders with information on internationally classified chemicals. This information serves as a guide, and all Australian manufacturers and importers must classify their products if they are deemed to be a health or safety risk. 

To manage workplace risk, all hazardous chemicals must have a Material Safety Data Sheet (SDS) for each chemical, containing essential safety information for labelling, safe storage and handling of toxic substances.

 A correctly detailed MSDS contains data relating to the following:

√ Details of the supply, manufacturer, or importer

√ The identity and ingredients of a chemical

√ The chemical’s hazards include health, physical and environmental

√ The chemical’s physical properties

√ The safe storage and handling processes for the chemical

√ Exposure standards for airborne pollutants

√ Emergency procedures for spills or exposure

√ First aid and transport information

How Splatt Lawyers Help with Work Duty of Care

Under QLD safety legislation, you could expect a management commitment to a work environment without risks wherever you are employed. A place that is free from psychological harm and that removes threats to protect your physical health.

Sometimes things go wrong, and your boss might breach Occupational Health and Safety Rules. If this is your situation and you are injured, please get in touch with our workers’ compensation lawyers for informed legal advice. What you do following your injury, illness, or psychological harm will impact your case, so contact us directly. It costs nothing to know your legal options, and you pay nothing until we win your case. Call 1800 700 125.

Get Legal Help Now

Start your claim online or contact our experienced Workers Compensation Lawyers

Contact Us | Get a Call-back | Ask a Question

Workplace Duty of Care Lawyers Near You

When you need expert legal advice for a Workplace Duty of Carecase, it’s reassuring to know that Splatt Lawyers is nearby. Choose your location:

Workplace Duty of Care FAQs

Employers are responsible for providing a safe working environment for employees. But what do employers need to do to fulfil that responsibility?

The law says that employers must keep workplaces free from risk and injury. They have a duty of care towards their employees to ensure they’re protected while carrying out their duties. Employers are legally obligated to protect their workers from harm caused by dangerous conditions or machinery used during employment.

In addition to ensuring a safe working environment, employers have specific obligations to provide a safe work system. These include training and supervision, ensuring equipment is fit for purpose, adequate lighting, protective barriers, and sufficient warning signs.

If an accident does happen, then your employer must investigate thoroughly to establish how it happened. This investigation should identify the cause of the accident and determine whether it was avoidable.

Finally, your employer must provide a suitable method of reporting incidents or complaints about unsafe practices. You can report issues anonymously or choose to tell someone else who can help resolve problems.

The Fair Work Act says employers must take reasonable steps to protect workers from hazards and risks. In deciding what those steps are, you must consider the following:

  • The likelihood of the threat occurring
  • The harm that could result from the hazard
  • What a worker knows or should know about the risk
  • Whether there are alternatives that would eliminate or reduce the hazard

Everyone has a legal obligation to take reasonable measures to ensure the safety of other people at work or in work-related activities. When you see something likely to cause harm, you must take action to help minimise the risk. Your employer has a general legal duty to maintain a healthy and safe work environment for workers (and others).

Working from home is popular because it allows people to spend less time commuting and more time doing what they want. However, working remotely has some drawbacks, such as isolation and lack of supervision. For example, remote workers may feel like they don’t have anyone watching over them, which can lead to mental health problems.

The good news is that employers are still responsible for providing a safe workplace and ensuring that employees are protected from harm while working from home. They must ensure you have access to tools and equipment needed to perform your job safely with regular meetings and communication.

The employer could have vicarious liability when a co-worker causes a work-related injury to another employee. In this circumstance, the employer and co-workers could be liable for damages. However, in most situations, when you are harmed on the job, an insurance company is liable to pay your compensation. A skilled compensation lawyer would help you determine who was responsible and owed damages.

Our Team are Ready to Help. Request Your Free Claim Assessment Now!

Splatt Facts and News

Keeping you up-to-date and informed with relevant facts and news about the world of compensation law, our law firm and our services

How to Claim Compensation for a Slip on a Wet Floor
Next Steps After a Not At Fault Car Accident: Legal Guide
How to Make a CTP Claim | Compulsory Third-Party Claims Guide