Dear Mr Durkin

Thank you for your letter dated 7 April 2008 concerning prohibition notices issued by Workplace Health and Safety Queensland (WHSQ) Inspectors. I also refer to our Meeting on 9 April 2008 regarding the same issue.

Under the Queensland Workplace Health and Safety legislation, the owner of a plant would have satisfied the requirements of a prohibition notice when he/she has addressed the risk identified by the inspector. The owner may choose to engage an engineer or other competent person for the risk management process, as long as the risk has been effectively controlled, the prohibition notice on the plant will no longer apply. This may or may not be clearly understood by the amusement industry in general.

I do understand the situation for the owner with prohibition notices that are apparently outstanding, especially when applying for a public liability insurance policy. To help overcome the situation, WHSQ inspectors will endeavour to revisit the amusement device and review control measures implemented by the owner. This process will commence with immediate effect. It will however be necessary for the owner to provide all relevant supporting documentation (e.g. risk assessment reports by the engineer) to facilitate the review process.

In view of the fact that most amusement rides are set up for relatively short durations at particular venues and are frequently traveling all over Queensland with the agricultural show circuits, it may be necessary for an inspector from another region to conduct the review. It may also be necessary for the ride owner to provide accurate information of where the ride would be next and liaise closely with the particular regional WHSQ office for the follow-up process to work efficiently.

I trust this response is of assistance. However, should you wish to discuss the issues further, please contact Michael Chan, Chief Safety Engineer on (07) 3872 0584.

Yours sincerely,

Gary Fenlon MP

Parliamentary Secretary to the Minister for Transport, Trade, Employment and Industrial Relations