The first prosecution of an individual under the national
harmonised Work Health and Safety Act 2011 (Cth) (WHS Act)
serves as an important reminder that compliance with safety
obligations isn't just the responsibility of the faceless
corporation. Although it has always been open to the regulator to
pursue individuals for breaches of work health and safety (WHS)
law, what individuals are doing (or not doing) to create a safe
workplace has recently come into focus.
The message sent by this recent trend is loud and
clear—ensuring the health and safety of workers is
everyone's responsibility.
The first prosecution – R v Kenoss Contractors Pty Ltd
[2014]
In the first prosecution of its kind under the WHS Act, charges
have been brought against an individual of a defendant company for
a workplace incident that occurred in 2012. Mr Al-Hasani has been
charged as an "officer" of the defendant company Kenoss
Contractors Pty Ltd.
