Outside the US (UK, Canada, Australia, EU)
WorkSafe Queensland WHS Notice Review Request
The situation
Marcus, 51, owns a commercial construction subcontracting business in Brisbane with 18 workers. A WHSQ inspector visits a worksite and issues an improvement notice: the inspector alleges that Marcus's scaffold erection work does not comply with AS/NZS 4576 (the scaffold standard), citing insufficient competency records for two scaffold erectors. The notice requires compliance within 14 days.
Marcus's WHS consultant charges AU$250/hour and says he'll need "at least 10-15 hours" to review the notice and prepare a response. The WHSQ website explains the improvement notice process but says nothing about how to draft a review request. The inspector's supervisor cannot advise Marcus.
(a) The inspector may have applied AS/NZS 4576 incorrectly. AS/NZS 4576 requires scaffold erectors to hold a High Risk Work Licence (HRWL) for scaffolding where the scaffold height exceeds 4 metres. If the scaffold at the worksite was under 4 metres, or if the workers were performing scaffold erection under direct supervision of a licensed scaffold supervisor (a permitted arrangement), the inspector may have misapplied the standard. A review request can specifically challenge the inspector's legal interpretation.
(b) An alternative control measure can satisfy the inspector's concern. Even if there is a genuine competency gap, Marcus can demonstrate that he implemented an alternative measure (immediate suspension of the workers from scaffold erection pending licence verification; providing current HRWL copies to WHSQ within 24 hours) that addresses the same risk. WHSQ's internal review can consider whether the alternative measure is "equally effective" as the required compliance step.
Who receives this
Queensland small and mid-sized businesses in construction, manufacturing, agriculture, hospitality, and healthcare receiving WHSQ improvement and prohibition notices. Primary: construction subcontractors (highest notice volume sector); secondary: hospitality/retail businesses (manual handling, fall risk notices); tertiary: agricultural businesses (chemical/pesticide notices, plant safety).
Why the agency will not advise you
WHSQ cannot advise notice recipients on how to challenge its own enforcement decisions. The QLD WHS Act review process is a genuine merits review (not just a procedural check), making the quality of the review request determinative.
Key facts, with sources
- Under the Work Health and Safety Act 2011 (Qld), WHSQ inspectors may issue improvement notices requiring a business to remedy a contravention by a specified date, and prohibition notices requiring immediate cessation of activity. A recipient of an improvement or prohibition notice may apply for an internal review by contacting the WHSQ Review and Appeals team. If the internal review is unsuccessful, the recipient may appeal to the Queensland Industrial Relations Commission (QIRC). WorkSafe Queensland issued thousands of notices in 2024-25 as part of its enforcement activities across construction, manufacturing, transport, agriculture, and health sectors. Source: Enforcement Options — WorkSafe Queensland · Annual Report 2024-2025 — WorkSafe Queensland
- WorkSafe Queensland's compliance monitoring and enforcement policy was updated in 2026. WHSQ provides general WHS compliance guidance and information about the notice and review process, but does not advise notice recipients on how to structure or draft a review request against its own enforcement decisions. WHS consultants and safety solicitors are the professional alternative for businesses seeking guidance on contesting WHSQ notices, charging AU$3,000–$10,000 for review preparation and QIRC representation. The review process provides a genuine opportunity to challenge notices on grounds including incorrect application of the WHS Regulations, inadequate consideration of existing control measures, or factual errors in the inspector's findings. Source: Provisional Improvement Notices — WorkSafe Queensland · Compliance and Enforcement Policy — WorkSafe Queensland
When to bring in a professional
Self-serve responses fit routine cases: clear facts, amounts a business can absorb, and a deadline still ahead of you. Bring in a licensed professional when the amount at stake is large relative to their fee, the facts are genuinely disputed, criminal exposure is possible, or the deadline has already passed. A short paid consultation to sanity-check your plan is often worth it even when you handle the filing yourself.
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All sources for this guide
This guide is general information compiled from the cited public sources, last verified on the date above. It is not legal advice, and rules change; confirm anything you rely on against the linked source or with a licensed professional in your state.