Work health and safety changes and developments in 2024: What are they and how will they impact the industry in 2025?

2024 was a significant year for Australia’s work health and safety (WHS) legal landscape with various cases and prosecutions, changes to the WHS laws in each state and territory and, tragically, 148 workplace deaths.

Now, more than ever, it is important for companies, officers and workers, particularly those with cross-jurisdictional operations, to know and understand their WHS duties and obligations.

This article provides a snapshot of the relevant WHS changes and legal developments in 2024 and their impact (or likely impact) on the construction, infrastructure and renewable energy sectors in 2025.

Key Changes

In 2024, there were various WHS legislative amendments across Australia predominantly aimed at increasing accountability for non-compliances and further strengthening the protections for workers. Below is a summary of the relevant changes:

1. Industrial Manslaughter: After extensive lobbying by WHS stakeholders, 2024 saw New South Wales and Tasmania implement industrial manslaughter laws. This means that every state and territory across Australia now has implemented such laws. 2024 also saw various jurisdictions strengthening their already existing industrial manslaughter laws, such as Queensland which amended the laws so that such an offence may now be alleged if there is any workplace death (not just the death of a worker).
2. Changes to Queensland’s Category 1 Offence: In 2024, Queensland expanded the scope of its Category 1 offence laws to now incorporate ‘negligence’ as a fault element in addition to ‘reckless’ conduct. The explanatory notes regarding the amendments explained that this was to provide an “alternative fault element of negligence …to lower the threshold for conviction for Category 1 offences”. This legislative change is further demonstrative of the current focus on increasing company and executive accountability for serious breaches in safety with such laws aimed particularly at holding officers and companies accountable when there is a death or serious injury at a workplace caused by negligence or reckless conduct.
3. Health and Safety Representatives and their ability to cease unsafe work:? In 2024, there was a raft of amendments to the WHS laws regarding health and safety representatives (HSRs), including expansions of the HSR’s power to issue cease work notices. The changes initially allowed HSRs to issue cease work notices to the person conducting a business or undertaking (PCBU) (i.e. the company), raising immediate industry concern over the potential for misuse by HSRs (who are often union delegates) to delay projects. In late 2024, after a change in Government, further laws were passed to “walk back” those powers, clarifying that HSR are only empowered to issue a cease work notice to a worker (and not a PCBU). The procedure for a HSR to issue a cease work notice is as follows: (a) first consult with the PCBU to attempt to resolve the health and safety issue, unless the risk is so serious and immediate or imminent that it is not reasonable to consult before giving the direction to cease work; (b) prepare a compliant written cease work notice; (c) post the notice in a prominent place for all workers to see; and (d) provide a copy of the cease work notice to the PCBU.
4. Right of Entry Powers (Qld): WHS entry permit holders inquiring into a suspected contravention of the Work Health and Safety Act 2011 (Qld) are now required to provide at least 24 hours’ notice to exercise their right of entry to a workplace, unless the permit holder has a reasonable belief there is an immediate or imminent risk to the health and safety of a worker. Previously, this notice period did not exist. This change ensures PCBUs will have sufficient time to respond to such a notice and intention to enter a workplace, aligning with Queensland’s framework for entry permit holders, such as union officials.
5. Extended powers of WHS entry permit holders removed: Following a Parliamentary Committee debate, the proposed amendments under the Electrical Safety and Other Legislation Amendment Act 2024 to expand the rights and powers of WHS entry permit holders were removed. These amendments, which were set to come into force on 1 January 2025, would have specifically allowed entry permit holders to take photos, videos, measurements and other tests whilst at the workplace. The amendments were removed due to concerns over the potential for misuse as well as the privacy of individuals.
6. Enhanced Duties for Psychological Safety: The WHS laws now explicitly recognise psychological safety as a critical aspect of workplace health and impose a positive duty to eliminate/minimise such a risk. Employers must identify and mitigate risks related to stress, bullying, harassment, and other psychosocial hazards. The changes align with a growing awareness of mental health’s role in overall workplace safety.
7. Penalties and Enforcement Powers: The penalties for breaches of WHS laws have increased across most jurisdictions as well as regulators being granted broader powers to issue on-the-spot fines and prohibition notices. Repeat offenders face harsher consequences, further emphasising the need for ongoing compliance.

Impacts on the Construction, Infrastructure and Renewable Energy sectors

These legislative changes will impact the construction, infrastructure and renewable energy sectors. Below are the key areas of impact:

1. Increased Compliance Costs: Businesses will need to invest in updated safety systems, training programs, and documentation to comply with new requirements. While this may initially strain budgets, the long-term benefits of safer workplaces include reduced downtime, lower insurance premiums, and improved worker retention.
2. Potential Delays and Project issues: HSRs elected by workers within the group have broader powers to investigate, and where necessary, initiate cessation of unsafe work through written notice. It is expected that the exercise of such powers, and potentially, the misuse of such powers, will delay some projects.
3. Greater Accountability for Executives and Managers: The introduction and further strengthening of the industrial manslaughter laws places heightened responsibility on senior leaders to prioritise WHS. Boards, executives and other officers must demonstrate due diligence in implementing and monitoring safety practices, ensuring a top-down commitment to WHS compliance.
4. Focus on Mental Health: Recognising psychosocial hazards necessitates a cultural shift within the industry. Employers must adopt holistic approaches to worker well-being, incorporating mental health support programs, flexible work arrangements, and regular mental health risk assessments into their operations.
5. Increased Scrutiny by Regulators: With enhanced enforcement powers, WHS regulators are expected to conduct more frequent inspections and “blitzes” that focus on specific scopes of work / risks, with penalties being imposed for non-compliance. Companies should anticipate and prepare for this heightened scrutiny.
6. Adoption of Technology and Innovation: To meet the new reporting and safety requirements, many businesses are turning to technology, such as wearable safety devices, drones for site inspections, and software platforms for incident reporting and data analysis. These tools can improve compliance while enhancing overall safety outcomes.

Preparing for 2025 and the future

To navigate and comply with these changes, we recommend that companies in the construction, infrastructure and renewable energy sectors:

1. Review and Update WHS Procedures and Policies: Ensure all policies align with the recent amendments.
2. Invest in Training and Education: Equip workers and leaders with the knowledge and skills to identify and manage risks effectively. CDI Lawyers offers a WHS workshop and training program to its clients. If you would like to arrange, please let us know.
3. Leverage Technology: Adopt digital tools to streamline compliance, monitor safety performance, and identify areas for improvement.
4. Engage with Regulators and Industry Bodies: Maintain open communication with WHS authorities and participate in industry forums and seminars to stay informed about best practices and emerging trends.
5. Foster a Safety-First Culture: Cultivate an environment where safety is a shared responsibility, and workers feel empowered to speak up about risks and safety.

Conclusion

We expect that this year will be yet another significant year for work health and safety, especially as Queensland prepares for the significant construction and infrastructure projects required for the 2032 Olympics.

The recent changes to the WHS laws represent a step forward in improving workplace safety, particularly in high-risk sectors like the construction, infrastructure and renewable energy sectors.

Whilst some of the changes and new laws can pose challenges, the long-term benefits of a safer, more sustainable industry, are undeniable. By proactively adapting to these changes, companies can not only meet their legal obligations but also ensure their projects are completed safely, on time and on budget.

CDI Lawyers will continue to keep you up to date with any relevant WHS developments and changes throughout 2025