ARTICLE · 08 AUGUST 2014

First Officer charged under Work Health & Safety Act

Sparke Helmore Lawyers

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WHS regulators will prosecute senior management for workplace incidents, if they fail to satisfy their WHS obligations.

AustraliaEmployment and HR

Alistair Talbert

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In the first prosecution of its kind, a company officer in the ACT has been charged under the Work Health & Safety Act 2011 (ACT) (WHS Act).

Mr al-Hasani (Officer) of Kenoss Contractors Pty Ltd (the PCBU) has been charged by WorkSafe ACT over an incident that resulted in the death of a worker in March 2012. The PCBU has also been charged.

This case demonstrates that WHS regulators are prepared to prosecute individuals in senior management roles about workplace incidents, if they fail to satisfy their officer obligations under the WHS Act.

It provides an important reminder to senior managers that they have an individual responsibility to ensure reasonably practicable steps are taken to maintain a safe work environment, and are potentially liable when accidents occur in the workplace.

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