The final way that encourages the safe and healthy conduct of
people within a workplace is penalties.
There are three grades of penalties under the WHS Act and each
carries a different maximum level of penalty that can be applied to either a
corporation or business, an Officer of a business or operation and all others
with a responsibility for health and safety in the workplace (which is everyone
else other than an Officer).
These are:
·
Tier 1: This is the highest category of
penalty that can be applied. It covers those issues where there is/was a risk
of death or serious injury or illness due to the reckless action or inaction of
an Officer/ PCBU or Worker and that indifference did or could have led to the
death and serious injury or illness to that individual;
·
Tier 2: This category is for those people who
have a WHS duty under the Act and by failing to comply with exposes an people
to a risk of death or serious injury or illness;
·
Tier 3: This category is for those people who
have a WHS duty under the Act and who fail to comply with that duty.
Now for the really bad news, the actual penalties.Tier 1
·
Organisations: $3,000,000;
·
Officers: $600,000 and/or 5 years imprisonment;
·
Others: $300,000 and/or 5 years imprisonment.
Tier 2
·
Organisations: $1,500,000;
·
Officers: $300,000;
·
Others: $150,000.
Tier 3
·
Organisations: $500,000;
·
Officers: $100,000;
·
Others: $50,000.
One thing to note, these fines are not covered by insurance. They
came straight from you or the business.
Good health and keep safe out there.
Colin
Do you like this article from MyHealth TODAY! on Mondays: Ideas and issues on
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