WHS and OHS Regulatory Update: January 2025

In Short

• Stay Compliant: Ensure your organisation meets WHS obligations, including addressing physical and non-physical health and safety risks.
• Dismissal Upheld: The Fair Work Commission supported Queensland Rail’s decision to dismiss an officer for consuming drugs before a shift.
• Key Takeaways: Review WHS policies, provide training, and seek legal advice if a worker breaches drug and alcohol compliance.

Tips for Businesses
Regularly review and update your WHS policies to reflect industry risks and legislative duties. Provide thorough training on drug and alcohol compliance. If a breach occurs, consider the nature of the role, and workplace safety risks, and seek legal advice to ensure you respond appropriately.

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Table of Contents

• Amendments to Legislation
• Cases and Incidents
• Questions?

Workplace health and safety officers have an ongoing responsibility to ensure their organisations remain compliant while maintaining current and relevant knowledge of WHS matters. This article highlights key developments in January 2025 to support you in meeting these obligations.

Amendments to Legislation

There have not been any significant amendments to legislation in the past month.

However, as we start a new year, employers must remain mindful of their WHS obligations. Employers should take reasonable steps to ensure workers’ health and safety, considering physical and non-physical risks.

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Cases and Incidents

The Fair Work Commission upheld the dismissal of a long-serving Queensland rail protection officer. The officer consumed illicit substances before attending a rostered shift, leading to his termination.

1. What Happened?

A Queensland rail officer was dismissed after he tested positive for cocaine. The officer had consumed the substance the morning of his rostered night shift. Due to an incident while on shift, the officer was drug tested. It was then found that he had cocaine in his system.

The officer claimed that his drug consumption was a way to deal with workplace-induced psychosocial trauma following a workplace investigation.

2. What Was the Outcome?

The Commission upheld the sacking of the officer and found that Queensland Rail had a valid reason to dismiss the officer based on their conduct. The factors the Commission considered included the hazardous nature of the industry the officer worked in. 

They also took note of Queensland Rail’s legislative duties and the officer’s primary obligation, which is to protect the safety of others. Other factors included existing workplace policies and training provided by Queensland Rail that directed employees to their obligations regarding drug and alcohol compliance.

3. Key Takeaways

Employers implementing medical examinations, such as drug and alcohol testing, should know their WHS duties and consider what WHS policies and training have been implemented. 

Employers need to consider the risks to safety within the workplace and the nature of the worker’s role more broadly. 

In the event a worker tests positive for drugs or alcohol, you should seek legal advice to understand your rights and obligations.

Questions?

If you need legal assistance with a safety matter or need help identifying an officer, book a consultation call on Prism. As a member, you can request unlimited legal advice consultations.