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
A Category 1, the most severe, identifies reckless conduct that exposes an individual to a risk of death or serious injury or illness. Despite the risk of injury associated with many ‘dangerous’ professions, it is expected that appropriate WHS actions are taken to eliminate or minimise these dangers. If recklessness or ignorance lead to incompliance, court rulings in the past have resulted in lengthy investigations and heavy fines.
Similarly, a Category 2, identifies a person’s failure to comply with a health and safety duty that exposes an individual to a risk of death or serious injury or illness. The distinction to category 1 is the lack of recklessness, making it a less severe consequence for the employer. However, this is still considered negligent WHS practice as several reasonably available and inexpensive steps could have been taken to prevent the incident from occurring.
A Category 3, identifies a failure to comply to WHS duty that does not include recklessness and death of serious injury or illness. This is the least severe, evidently corresponding to the least severe consequences.
For any assistance with anything regarding Risk, WHS and Risk Management, please contact us at ABILITY GROUP.
For further information, please refer to:
Title: WHS Act 2011 | Division 5 Offences and penalties
Source: New South Wales Government (NSW Legislation)
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