13 Jul Work Health and Safety Penalties
The Work Health and Safety (WHS) Act 2011 is the Federal legislation that governs Safety in Australia. It was introduced with the intention of providing a model for harmonised legislation across all jurisdictions in our country.
As per any legislation it undergoes amendments from time to time and jurisdiction to jurisdiction. For example in NSW there were changes to ‘unlicensed asbestos work and non-notification’ on 13/2/15.
One of the elements that underwent significant change with the new legislation was a substantial increase in the fines that may be levied PLUS the introduction of custodial sentences.
The WHS Act provides for three categories of criminal offences for breach of health and safety duties. The maximum penalties are different depending on the category of the offence and whether the offender is an individual (e.g. a worker, or a PCBU), an officer (as defined) or a body corporate.
A duty holder, without reasonable excuse, engages in conduct that recklessly exposes a person to a risk of death or serious injury or illness.
A duty holder fails to comply with a health and safety duty that exposes a person to risk of death or serious injury or illness.
A duty holder fails to comply with a health and safety duty.
Penalties for breach of health and safety offences
||Individual as PCBU or Officer
||Individual as worker or other
|Category 1||$3 million||$600,000; five years in
jail or both
|$300,000 five years
jail or both
|Category 2||$1.5 million||$300,000||$150,000|
Are you a PCBU or an Officer of the Company? If so are you qualified in WHS and able to provide a safe working environment for all around you? Are you aware of the many other offences such as “fail to notify the regulator of a notifiable incident”?
We specialise in the following WHS qualifications:
It might be prudent for you to consider enrolling online.