ARTICLE · 27 NOVEMBER 2008

Directors´ And Officers´ OHS Liability

Norton Rose Fulbright Australia

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Occupational health and safety legislation in all states and territories in Australia imposes obligations on employers, directors, managers and employees to ensure that people (including visitors and members of the public) are not exposed to risks to their health and safety so far as is reasonably practicable.

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Occupational health and safety legislation in all states and territories in Australia imposes obligations on employers, directors, managers and employees to ensure that people (including visitors and members of the public) are not exposed to risks to their health and safety so far as is reasonably practicable.

Breaches of OHS legislation attract heavy penalties. In Victoria, an employer found guilty of a breach of the Occupational Health and Safety Act 2004 (Vic) ('OHS Act') faces a maximum penalty of over $1 million per offence.

The OHS Act encourages directors and officers to ensure their company complies with its OHS obligations by providing that an officer may be guilty of an offence in relation to company breaches of the OHS Act which are attributable to an officer's own failure to take reasonable care¹. However, the company does not need to be convicted of the offence for the officer to be found guilty.

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