Penalties for breaches to work health and safety law

Did you know work health and safety law in Queensland are a serious matter and now impose criminal liability for certain failures.

Don’t ‘wait and see’ if you are investigated or fined… the time you take to respond could be the difference between, at best a small fine or a large fine, or at worst, a fine and jail time.

Have you ever heard the expression “you never get a second chance to make a first impression”? I can help you make sure you get through what’s occurred the best way possible.

Let’s look at the law and where you stand. A breach to work health and safety law in Queensland occurs when:

• A person conducting a business or undertaking (PCBU), or its senior officers' conduct, negligently causes the injury or death of a worker; or

• an action is taken that places any person at risk of injury, illness or death;

• steps are not taken to avoid a risk from occurring; and

• there is a failure to comply with regulatory requirements.

Categories of offences

The Work Health & Safety Act (WHS) sets up a ‘health and safety duty of care’.

There are 4 categories of offences for failing to comply with a health and safety duty under the WHS Act depending on the degree of seriousness or liability involved.

Industrial manslaughter

The highest penalty under the WHS Act is for industrial manslaughter where a PCBU, or a senior officer, negligently causes the death of a worker.

If a PCBU, or senior officer, commits the offence of industrial manslaughter, a maximum penalty of 20 years imprisonment for an individual or $10 million for a body corporate applies.

Category 1 offence

The next highest penalty possible under either the WHS Act or the Electrical Safety Act is for a category 1 offence.

These offences occur where it is found that a duty holder recklessly exposed and so endangered a person to risk of death or serious injury. These offences will be prosecuted in the District Court.

Corporations face up to to $3 million in fines.

A person conducting a business or undertaking (PCBU) or an officer will face up to $600,000 in fines and 5 years jail time.

A worker faces up to $300,000 in fines and 5 years time.

Category 2 offence

A category 2 offence is a failure to comply with a health and safety duty or electrical safety duty which exposes a person to a risk of death, serious injury or illness. Offences will be prosecuted in the Magistrates Court.

Corporations face up to $1.5 million in fines.

An Individual as a PCBU or an officer face fines of up to $300,000

A worker face fines of up to $150,000.

Category 3 Offences

A category 3 offence is a failure to comply with a health and safety duty or electrical safety duty. Offences will be prosecuted in the Magistrates Court.

Corporations face up to $500,000 in fines.

An Individual as a PCBU or an officer faces up to $100,000 in fines.

A worker faces up to $50,000 in fines.

On-the-spot fines

An infringement notice, is an alternative to prosecuting alleged offenders directly through court.

On-the-spot fines may be issued for work health and safety offences prescribed in the State Penalties Enforcement Regulation 2014.

Both PCBUs and workers can be issued with on-the-spot fines.

Examples of offences which can be issued with a fine include 

• failure to record a notifiable incident;

• failure to allow a health and safety representative to exercise powers or functions;

• failure to use/wear personal protective equipment (PPE) provided by PCBU in accordance with reasonable instruction information or training given by PCBU;

• allowing persons to carry out high risk work without noting written evidence that the worker has the relevant high risk work licence;

• failure to test electrical work; and

• failure to ensure electrical equipment was de-energised before carrying out electrical work.

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This publication considers legal and technical issues in a general way. It is not intended to be legal advice. Any legal advice is qualified on the basis that the reader should immediately confirm the information relied upon with Merlo Law. We look forward to being of assistance.