Employer duties are outlined in section 8 of the Act:
(1) Employees: An employer must ensure the health, safety and welfare at work of all the employees of the employer.
That duty extends (without limitation) to the following:
(a) ensuring that any premises controlled by the employer where the employees work (and the means of access to or exit from the premises) are safe and without risks to health,
(b) ensuring that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used,
(c) ensuring that systems of work and the working environment of the employees are safe and without risks to health,
(d) providing such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work,
(e) providing adequate facilities for the welfare of the employees at work.
(2) Others in the workplace: An employer must ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer’s undertaking while they are at the employer’s place of work.
Should an employer contravene this section the penalties range from $16,500 to $825,000, depending on whether the offender is a corporation or individual and whether the offender previously committed such offences.
Finally, an employer must not place an employee in a detrimental position due to their voicing concerns or an opinion on an OH&S matter (section 23 of the Act).
Punishable acts by either the employer or employee are not limited to the abovementioned behaviours. Mere aiding and abetting such behaviour is punishable as if the act were committed in its entirety.
Defences
It is a defence to the above offences (as outlined in section 28 of the Act) if it can be proven that:
(a) it was not reasonably practicable for the person to comply with the provision they have allegedly violated, or
(b) the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision.
Recklessness resulting in death
Failure to adhere to OH&S law does not have to be a conscious act. Recklessness of either employees or employers as to health and safety issues can incur a punishment, especially when such recklessness results in or substantially contributes to the death of another person. Such recklessness can occur in the form of an act or an omission. Penalties for this offence include $1,650,000 fine for corporations; or a maximum penalty of $165,000 or 5 years imprisonment or both, for an individual.
How can Prime Lawyers help you?
The employment law solicitors at Prime are experienced in employment matters and can provide you with professional advice following careful consideration of your situation. If you, as an employer are unsure of your OH&S obligations and require more information, please do not hesitate to contact one of our employment law solicitors who will be more than happy to assist you.