Skip to content

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.


Table of Contents

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.

Front page of publication
Safety Essentials For SMEs

As a business owner, you have a legal obligation to provide a safe workplace for your employees and customers. This free guide explains how.

Download Now

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.

Continue reading this article below the form
Loading form

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.

Register for our free webinars

Demystifying M&A: What Every Business Owner Should Know

Online
Understand the essentials of mergers and acquisitions and protect your business value. Register for our free webinar.
Register Now

Social Media Compliance: Safeguard Your Brand and Avoid Common Pitfalls

Online
Avoid legal pitfalls in social media marketing and safeguard your brand. Register for our free webinar.
Register Now

Building a Strong Startup: Ask a Lawyer and Founder Your Tough Questions

Stone & Chalk Tech Central, Level 1 - 477 Pitt St Haymarket 2000
Join LegalVision and Bluebird at the Spark Festival to ask a lawyer and founder your startup questions. Register now.
Register Now

Construction Industry Update: What To Expect in 2026

Online
Stay ahead of major construction regulatory changes. Register for our free webinar.
Register Now
See more webinars >
James True

James True

Practice Group Leader | View profile

James is a Practice Group Leader in LegalVision’s Employment team. He advises across all areas of employment, including employment and independent contractor agreements, termination of employment (including redundancy and unlawful termination), employment disputes, investigations, modern awards, work health safety obligations and notifiable incidents. Prior to joining LegalVision, James spent almost 10 years working in private practice across employment and work health safety.

Qualifications: Bachelor of Laws, Graduate Diploma of Legal Practice, Macquarie University.

Read all articles by James

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards