Penalties for breaches to work health and safety law
A breach to work health and safety law in Queensland occurs either when:
- a person conducting a business or undertaking, or a senior officers' conduct, negligently causes the death of a worker
- a person is put at risk of injury
- illness or death occurs
- steps are not taken to avoid a risky situation from occurring
- there is a failure to comply with regulatory requirements.
Examples of breaches of work health and safety law include:
- exposing workers to the risk of excessive noise
- working at heights where the risk of falling is not controlled
- allowing unlicensed operators to use specified equipment (e.g. forklifts)
- not ensuring that plant is appropriately guarded to eliminate or minimise exposure of workers to moving parts
- failing to have in place safe work method statements for work carried out in or near a confined space
- not notifying Workplace Health and Safety Queensland (WHSQ) when a notifiable serious injury or illness occurs at your workplace.
Categories of offences
There are 3 categories of offences for failing to comply with a health and safety duty under the WHS Act, depending on the degree of seriousness or culpability involved.
Category 1 - a duty holder recklessly exposes a person to risk of death or serious injury:
- Corporation: up to $3 million
- Individual as a person conducting a business or undertaking (PCBU) or an officer: up to $600,000/5 years jail
- Individual (for example a worker): up to $300,000/5 years jail.
Category 2 - failure to comply with a health and safety duty or electrical safety duty that exposes a person to risk of death, serious injury or illness:
- Corporation: up to $1.5 million
- Individual as a PCBU or an officer: up to $300,000
- Individual for example worker: up to $150,000.
Category 3 - failure to comply with a health and safety duty or electrical safety duty:
- Corporation: up to $500,000
- Individual as a PCBU or an officer: up to $100,000
- Individual for example worker: up to $50,000.
Category 1 offences, involving reckless conduct, will be prosecuted in the District Court. Category 2 and 3 offences will be prosecuted in the Magistrates Court.
Appeals are made to the District Court.
From 23 October 2017, a person conducting a business or undertaking and/or a senior officer, whose conduct negligently causes the death of a worker, can be prosecuted for industrial manslaughter.
The industrial manslaughter offence carries a penalty of up to 20 years imprisonment for an individual or $10,000,000 for a body corporate.
On the spot fines
An on-the-spot fine also known as 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 an on-the-spot fine. Examples of offences which can be issued with a fine include (but are not limited to):
- failure to comply with an improvement notice
- failure to record a notifiable incident (for example a work-caused serious injury or illness)
- allowing persons to carry out high risk work without seeing written evidence that the worker has the relevant high risk work licence
- failure to allow health and safety representative to exercise his/her powers or functions
- failure to use/wear personal protective equipment (PPE) provided by PCBU in accordance with information, training or reasonable instruction given by PCBU (fine issued to worker)
- failure to test electrical work
- failure to ensure electrical equipment was de-energized before carrying out electrical work.
The fine may be paid in full at any Workplace Health and Safety Queensland office within 28 days or arrangements can be made to pay an on-the-spot fine of $200 or more in installments.
The alleged offender can choose to contest the infringement notice in a Magistrates Court.
Failure to pay
Not paying the fine can lead to further enforcement action including:
- redirection of wages or funds from a bank account
- issuing of a warrant for the seizure and sale of property
- suspension of the debtor's driver's licence until the debt is satisfied
- registration of the debt for enforcement interstate
- issuing an arrest and imprisonment warrant.
- Find out more about work health and safety.