Consequences of breaches and disregard for the safety of workers result in various fines and mandatory measures to correct misconduct. Failing to comply with WHS duties are reflected in 3 different degrees of severity under the WHS Act, depending on their circumstances, outcomes and whether recklessness is shown by the employer in their duty to ensure appropriate WHS for their workers.
WHS Act: Breaches & Consequences
Category 1
The most severe identifies reckless conduct that exposes an individual to a risk of death or serious injury or illness. If recklessness or ignorance leads to incompliance, court rulings in the past have resulted in lengthy investigations and heavy fines.
Category 2
A failure to meet a health and safety duty that exposes someone to the risk of death or serious injury or illness. Unlike a Category 1 breach, it doesn’t involve recklessness, but it still reflects negligent WHS practices where simple, low?cost measures could have prevented the incident.
Category 3
Identifies a failure to comply with WHS duty that does not include recklessness and death or serious injury or illness. This is the least severe, evidently corresponding to the least severe consequences.
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Title: WHS Act 2011 | Division 5 Offences and penalties
Source: New South Wales Government (NSW Legislation)
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