Employment Law - Occupational Health & Safety and Workplace Health & Safety Compliance
April 2012
We recently outlined a number of new OH&S requirements. One such requirement is the obligation to maintain a due diligence process to continue to monitor risks and compliance. This includes taking reasonable steps to:
(a) acquire and keep up-to-date knowledge of OH&S matters;
(b) understand the nature and operations of the trade, business or other undertaking of the Company and associated risks;
(c) ensure appropriate resources to eliminate or minimise hazards are available and utilised;
(d) ensure there are processes for receiving and considering information about incidents and hazards and responding in a timely manner; and
(e) ensure the corporation has appropriate processes for complying with its relevant duties and obligations under the legislation, including training.
The Act provides that with few exceptions each offence or element of an offence is one of Strict Liability. That is, there is no requirement to prove there was intention to commit an offence (or recklessness, negligence or malice).
Penalties for breaches are increased:
(a) The maximum penalty for a body corporate ranges from $500,000.00 to $3,000,000.00.
(b) There is also a wider variety of sentencing orders such as enforceable undertakings, remedial orders, and adverse publicity orders, training orders, injunctions, compensation orders and community service orders, in addition to any penalty.
We will continue with some further information on other aspects of Employment Law in the next bulletin.
John Graves
Principal
Bradfield & Scott Lawyers
Level 1, 175 Macquarie Street
Sydney NSW 2000
Telephone: 9233 7299
Email: jgraves@bradscott.com.au
(a) acquire and keep up-to-date knowledge of OH&S matters;
(b) understand the nature and operations of the trade, business or other undertaking of the Company and associated risks;
(c) ensure appropriate resources to eliminate or minimise hazards are available and utilised;
(d) ensure there are processes for receiving and considering information about incidents and hazards and responding in a timely manner; and
(e) ensure the corporation has appropriate processes for complying with its relevant duties and obligations under the legislation, including training.
The Act provides that with few exceptions each offence or element of an offence is one of Strict Liability. That is, there is no requirement to prove there was intention to commit an offence (or recklessness, negligence or malice).
Penalties for breaches are increased:
(a) The maximum penalty for a body corporate ranges from $500,000.00 to $3,000,000.00.
(b) There is also a wider variety of sentencing orders such as enforceable undertakings, remedial orders, and adverse publicity orders, training orders, injunctions, compensation orders and community service orders, in addition to any penalty.
We will continue with some further information on other aspects of Employment Law in the next bulletin.
John Graves
Principal
Bradfield & Scott Lawyers
Level 1, 175 Macquarie Street
Sydney NSW 2000
Telephone: 9233 7299
Email: jgraves@bradscott.com.au
