What is a breach
If you do not fulfil or if you breach your statutory duties or obligations under the Work Health and Safety Act 2012, WorkSafe Tasmania may initiate prosecution proceedings.
A breach occurs when the law is not upheld; when:
- an action is taken that places a person at risk of injury, illness or death
- steps are not taken to avoid a risky situation from occurring
- there is a failure to comply with regulatory requirements.
Examples of breaches
Examples of breaches of the Work Health and Safety Act 2012 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 such as forklifts
- not ensuring plant or equipment is appropriately guarded to remove or reduce the 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 WorkSafe Tasmania of a notifiable serious incident, injury or illness.
Categories of offences
There are three categories of offences for a breach of the Work Health and Safety Act 2012, depending on the degree of seriousness or liability involved.
Category 1
These are the most serious breaches where a duty holder who recklessly endangers a person to risk of death or serious injury. Offences will be prosecuted in the Supreme Court of Tasmania.
- Corporation: up to $3 million
- Individual as a PCBU or an officer: up to $600,000 / 5 years jail
- Individual (for example, worker): up to $300,000 / 5 years jail.
Category 2
Failure to comply with a health and safety duty that exposes a person to risk of death, serious injury or illness. Offences will be prosecuted in the Magistrates Court.
- 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. Offences will be prosecuted in the Magistrates Court.
- Corporation: up to $500,000
- Individual as a PCBU or an officer: up to $100,000
- Individual (for example, worker): up to $50,000.