The importance of a quality workplace, health & safety system

It’s vital employers understand the importance of workplace health and safety (WH&S) and their WH&S obligations. The legal ramifications for not doing so involve prosecution and if found guilty having a criminal record - not to mention the possibility of being sent to jail or being fined a substantial amount of money. The maximum penalty in Queensland for a company is $1,000,000, depending upon the offence.

The onus for complying with WH&S legislation isn’t only on employers. Employees are also required to comply and failure to do so may result in the employee being prosecuted, resulting in a criminal record, being sentenced to jail or fined.
Recently, a Townsville Magistrate found an employee of a mining contractor guilty of breaching his safety obligations resulting in the death of his colleague.

The employee was sentenced to 8 months jail and ordered to pay $13,000 in court and investigation costs. The employee was driving a Volvo loader with a basket-attachment at BHP Billiton's underground Cannington mine, when he crushed a colleague between the basket and the rear of another vehicle, resulting in serious injuries and death.

Generally, the employer would also be prosecuted for not ensuring a safe workplace. However, in this instance the employer escaped prosecution because it was able to:

(a) demonstrate it had a comprehensive WH&S management system that was well documented and complied with, inclusive of documentation to support compliance; and

(b) employees had been thoroughly trained in and understood the WH&S management system, thereby minimising the possibility of things going wrong; and

(c) show that immediate and appropriate action was taken when employees didn’t comply, up to and including termination for serious breaches.

Key Points: The courts are taking a much harder approach to WH&S breaches - evidenced by this decision to send an employee to jail. It’s vital that employers take WH&S very seriously and have relevant systems in place. Failure to do so will eventually result in an accident that could have a disastrous impact on your business – both financially and emotionally. We strongly recommend employers seek legal advice immediately upon an accident happening in their workplace.