We continue with our exploration of Employment Law and WorkSafe prosecutions following on from our last episode on Legally briefed. After the often traumatic incidents of workplace injury or death, the severe penalties for occupational health and safety violations are a additional significant concern for businesses and individuals.
Corporations can face penalties amounting to over $1.7 million for serious breaches, underlining the costly consequences of failing to comply with safety standards.
Individuals are not exempt. OHS obligations mean that individuals are also at risk of prosecutions and can be liable for hefty fines and can face fines of up to a fifth of the maximum penalties levied against corporations. The need to understand workplace safety cannot be underestimated.
The penalty system is tiered to reflect the perceived differences in resources between corporations and individuals accountable for maintaining workplace safety. Small companies, which may have little to no financial resources or which may have stopped trading after a workplace injury or fatality, can be at risk of disproportionately high maximum penalties.
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Deterrence: A Core Objective
WorkSafe's primary goal is workplace safety. A key objective of the Occupational Health and Safety Act is to eliminate risk. To support this, the primary purpose of penalties imposed for OHS offences is deterrence. In addition to specific deterrence, intended to discourage the accused from re-offending; general deterrence uses the punishment in one case to send a message to others to discourage similar offending. The ideology is straightforward: punish one to deter others from offending. Given that OHS laws are there to protect human lives and wellbeing, the enforcement aspect is also crucial.
They motivate and compel businesses and individuals alike to adopt proactive safety measures, adhering to the principle of doing "everything reasonably practicable" to ensure a safe working environment, both for workers and third parties.
Legal Representation in WorkSafe Prosecutions
Facing a WorkSafe prosecution is daunting. The financial and reputational stakes are extremely high and the right legal representation is crucial. Not all lawyers are created equal when it comes to navigating the complexities of occupational health and safety law.
An experienced OHS lawyer doesn't just defend; they use a range of effective and specialised approaches to protect your business, help you to demonstrate steps taken to reduce the risk of future safety incidents and advocate for you before and during court proceedings. They will also be aware of the risk of civil claims or related proceedings and work to mitigate those risks too. Regulatory prosecutions are a specialised area, far more complex and difficult to defend than most criminal matters.
Experienced WorkSafe prosecution lawyers possess a deep understanding of how to negotiate with WorkSafe to reduce or remove charges and, if necessary, mount a rigorous defence in court.
Who Gets Charged?
Responsibility for safety breaches can extend from corporations to individual directors and even to senior employees, depending on the nature of the oversight and role. This wide net and powers to prosecute many parties is to ensure that accountability is not evaded by hierarchy or corporate structures. If you are involved in a workplace event or investigation you should seek legal advice early, to ensure your position is protected from the outset.
If engaged early your lawyer has more scope to protect your interests, to help preserve critical evidence and advise on responses to investigators.
Powers of WorkSafe Investigators
If you are subject to a WorkSafe investigation, you should be cautious and seek expert advice from the outset of the matter. WorkSafe investigators wield significant authority and have various powers under the Occupational Health and Safety Act.
They can enter workplaces, demand documents, and even halt operations to mitigate immediate risks. This power, while sometimes necessary, emphasises the need for the affected business owner or individual to protect and assert their rights as a business owner so they are not excessively impacted by the investigatory process.
The Ripple Effects of Investigations
The impact of a WorkSafe investigation can extend beyond the immediate legal concerns. It can lead to disruptions in business operations, strains workplace relationships and it can attract unwanted media attention. Safety incidents can lead to conflicts with workers and their unions and may lead to further litigation.
This is an additional stress in an already troubled time and decision makers need to make many decisions in under a great deal of pressure. Often those decisions are the ones which still affect your position a year or two later. It is important to have the right advisors at this time, to ensure the issue is contained, genuine safety risks addressed and you are supported by being well informed along the way.
At PCL Lawyers our team are experienced in helping clients navigate these challenging times. If you need more information about WorkSafe investigations and defending against regulatory prosecutions, contact one of our lawyers today.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
