The Workplace for JobSeekers

Under the 'Common Law', every employer has certain responsibilities and/or obligations to his/her employee's, in relation to their work. These responsibilities are known as 'Duty of Care'. In recent High & Supreme Court decisions, it has been defined clearly that employers have a legal obligation or 'Duty of Care', for the provision of :

  • Safe Place of Work
  • Safe Systems of Work
  • Safe Equipment & Plant
  • Competent Staff

Duties of workers

While at work, a worker must—
(a) take reasonable care for his or her own health and
safety; and
(b) take reasonable care that his or her acts or omissions do
not adversely affect the health and safety of other
persons; and
(c) comply, so far as the worker is reasonably able, with
any reasonable instruction that is given by the person
conducting the business or undertaking to allow the
person to comply with this Act; and
(d) co-operate with any reasonable policy or procedure of
the person conducting the business or undertaking
relating to health or safety at the workplace that has
been notified to workers.
 
Reckless conduct—category 1
(1) A person commits a category 1 offence if—
(a) the person has a health and safety duty; and
(b) the person, without reasonable excuse, engages in
conduct that exposes an individual to whom that duty is
owed to a risk of death or serious injury or illness; and
(c) the person is reckless as to the risk to an individual of
death or serious injury or illness.
Maximum penalty—
(a) for an offence committed by an individual, other than as
a person conducting a business or undertaking or as an
officer of a person conducting a business or undertaking—3000 penalty units or 5 years
imprisonment; or
(b) for an offence committed by an individual as a person
conducting a business or undertaking or as an officer of
a person conducting a business or undertaking—6000
penalty units or 5 years imprisonment; or
(c) for an offence committed by a body corporate—30000
penalty units.
Note—
In this division, the penalty applicable to a body corporate is separately
expressed. Otherwise the Penalties and Sentences Act 1992, section
181B applies for this Act.
(2) The prosecution bears the burden of proving that the conduct
was engaged in without reasonable excuse.
(3) A category 1 offence is a crime
 
Failure to comply with health and safety duty—category 2
A person commits a category 2 offence if—
(a) the person has a health and safety duty; and
(b) the person fails to comply with that duty; and
(c) the failure exposes an individual to a risk of death or
serious injury or illness.
Maximum penalty—
(a) for an offence committed by an individual, other than as
a person conducting a business or undertaking or as an
officer of a person conducting a business or
undertaking—1500 penalty units; or
(b) for an offence committed by an individual as a person
conducting a business or undertaking or as an officer of
a person conducting a business or undertaking—3000
penalty units; or
(c) for an offence committed by a body corporate—15000
penalty units.
 
Failure to comply with health and safety duty—category 3
A person commits a category 3 offence if—
(a) the person has a health and safety duty; and
(b) the person fails to comply with that duty.
Maximum penalty—
(a) for an offence committed by an individual, other than as
a person conducting a business or undertaking or as an
officer of a person conducting a business or
undertaking—500 penalty units; or
(b) for an offence committed by an individual as a person
conducting a business or undertaking or as an officer of
a person conducting a business or undertaking—1000
penalty units; or
(c) for an offence committed by a body corporate—5000
penalty units.

We can provide the following assistance to your organisation:-

  • Conduct site audits to establish business's compliance with the legislation.
  • Make recommendations on ways to manage safety
  • Develop and implement documented safety systems
  • General Consultation
  • Safety TrainingLocum Workplace Health & Safety provision
  • Assistance with committee meetings
  • Incident Investigation

The penalties associated with the non-compliance of the WH&S legislation has increased to more than double. A company which is unfortunate enough to experience a fatality in the workplace may be faced with fines of up to $750,000 and/or 3 years in prison.

Fatalities in the workplace happen every day, is YOUR workplace SAFE?

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