The obligations of employers, employees, directors, managers, contractors and others under workplace health and safety legislation are complex.
It is vital that you have a Workplace Health and Safety Policy for your workplace, and depending upon the industry you operate in, you may also need to have safety plans and procedures in place to minimise risks to the health and safety of people attending your workplace. Employees and contractors must be provided with training in relation to your Workplace Health and Safety Policy and related procedures before commencing work, as well as be given regular refresher training.
If there is an accident or dangerous occurrence in your workplace, you have reporting obligations and a thorough investigation needs to take place. It is recommended that you obtain legal advice before talking to the regulatory authorities.
Risks of getting it wrong
Employers who breach workplace health and safety legislation face severe penalties and potential imprisonment where they are prosecuted for those breaches.
How can we help you?
Aitken Legal helps employers across all industries understand their workplace health and safety obligations. We also prepare Workplace Health and Safety Policies; provide training on workplace health and safety obligations and advise employers on the risk of prosecution where they have an accident or dangerous occurrence in their workplace.
We can assist employers by:
- Advising on how to respond to a workplace safety incident
- Advising on conducting an internal investigation.
- Advising on how to deal with the inspection and investigation conducted by the regulatory authority, such as Workplace Health and Safety Queensland.
- Attending interviews that the regulatory authority conducts with employees and directors in relation to the incident.
- Consider requests made by the regulatory authority for documentation or other information during their investigation.
If you are prosecuted for an alleged breach of workplace health and safety legislation, Aitken Legal can represent your business in the proceedings including advising on how you should plead with regard to the alleged offence; entering the plea; defending the prosecution and/or entering a ‘guilty’ plea and making a plea to mitigate the penalty.
‘Workplace Health and Safety’ Related News
ALERT!
Phase one of ‘Closing the Loopholes’ Bill passes Parliament
The first part of the now ‘split’ Closing the Loopholes Bill has now passed through Parliament. In summary, employers should be aware that this new legislation contains provisions that are designed to: Prevent companies underpaying workers through the use of labour hire arrangements; Criminalise deliberate wage theft; Strengthen discrimination protections for workers experiencing family and […]
EMPLOYMENT UPDATE
Christmas party tips & traps
This time every year, Aitken Legal reminds employers to protect themselves from the risks which often arise during workplace Christmas parties. End of year workplace celebrations are a great way to reward staff and encourage team bonding, which are both key contributors to developing and maintaining strong team relationships. However, the workplace Christmas party can […]
EMPLOYMENT UPDATE
Employee with questionable “full” capacity medical certification not unfairly dismissed
The Fair Work Commission (‘Commission’ or ‘FWC’) has recently found that a teacher whose employment was terminated following a contentious, year-long recovery from a psychological injury sustained at work, was not unfairly dismissed, despite providing the employer with a medical certificate indicating that she had “full” capacity to return to work. Background The unfair dismissal […]
ALERT!
Queensland’s first Industrial Manslaughter Case – Directors narrowly escape jail
The District Court of Queensland has recently handed down its first conviction for an offence under the industrial manslaughter provisions introduced in the Work Health and Safety Act 2011 (Qld) (“the Act”) in October 2017. Brisbane Auto Recycling Pty Ltd and its two directors, Asadullah Hussaini and Mohammad Ali Jan Karimi were charged with the […]