The obligations of employers, employees, directors, managers, contractors and others under workplace health and safety legislation are complex.
It is vital that you have a Workplace Health and Safety Policy for your workplace, and depending upon the industry you operate in, you may also need to have safety plans and procedures in place to minimise risks to the health and safety of people attending your workplace. Employees and contractors must be provided with training in relation to your Workplace Health and Safety Policy and related procedures before commencing work, as well as be given regular refresher training.
If there is an accident or dangerous occurrence in your workplace, you have reporting obligations and a thorough investigation needs to take place. It is recommended that you obtain legal advice before talking to the regulatory authorities.
Risks of getting it wrong
Employers who breach workplace health and safety legislation face severe penalties and potential imprisonment where they are prosecuted for those breaches.
How can we help you?
Aitken Legal helps employers across all industries understand their workplace health and safety obligations. We also prepare Workplace Health and Safety Policies; provide training on workplace health and safety obligations and advise employers on the risk of prosecution where they have an accident or dangerous occurrence in their workplace.
We can assist employers by:
- Advising on how to respond to a workplace safety incident
- Advising on conducting an internal investigation.
- Advising on how to deal with the inspection and investigation conducted by the regulatory authority, such as Workplace Health and Safety Queensland.
- Attending interviews that the regulatory authority conducts with employees and directors in relation to the incident.
- Consider requests made by the regulatory authority for documentation or other information during their investigation.
If you are prosecuted for an alleged breach of workplace health and safety legislation, Aitken Legal can represent your business in the proceedings including advising on how you should plead with regard to the alleged offence; entering the plea; defending the prosecution and/or entering a ‘guilty’ plea and making a plea to mitigate the penalty.
'Workplace Health and Safety' Related News
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Queensland’s first Industrial Manslaughter Case – Directors narrowly escape jail
The District Court of Queensland has recently handed down its first conviction for an offence under the industrial manslaughter provisions introduced in the Work Health and Safety Act 2011 (Qld) (“the Act”) in October 2017. Brisbane Auto Recycling Pty Ltd and its two directors, Asadullah Hussaini and Mohammad Ali Jan Karimi were charged with the […]
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Employers and COVID-19
This is indeed a difficult time for all employers and their employees. It is a time for consideration of all available facts and information. Aitken Legal stresses that your primary sources of information about the COVID-19 health situation should come from the Federal Department of Health and the Queensland Department of Health. With a nationally […]
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New International OHS Standard Published and Federal Court to Consider ‘CASUAL LEAVE’ Issue Again
This month we look at the new international OHS standard published by Standards Australia. We also discuss the current ‘casual leave’ issue that is set to be considered again by the Federal Court, with a number of parties intervening in a new case brought by Workpac. New OHS standard published The world’s first international OHS […]
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Recent employment law decisions provide timely guidance for employers
This month we look at two recent decisions in the employment law space. The first decision relates to an employer’s decision to terminate an employee for breaching a cardinal safety rule. The second decision relates to the reprehensible conduct of an employer who failed to pass on an employee’s paid parental leave entitlement. Use of […]
The obligations of employers, employees, directors, managers, contractors and others under workplace health and safety legislation are complex.
It is vital that you have a Workplace Health and Safety Policy for your workplace, and depending upon the industry you operate in, you may also need to have safety plans and procedures in place to minimise risks to the health and safety of people attending your workplace. Employees and contractors must be provided with training in relation to your Workplace Health and Safety Policy and related procedures before commencing work, as well as be given regular refresher training.
If there is an accident or dangerous occurrence in your workplace, you have reporting obligations and a thorough investigation needs to take place. It is recommended that you obtain legal advice before talking to the regulatory authorities.
Risks of getting it wrong
Employers who breach workplace health and safety legislation face severe penalties and potential imprisonment where they are prosecuted for those breaches.
How can we help you?
Aitken Legal helps employers across all industries understand their workplace health and safety obligations. We also prepare Workplace Health and Safety Policies; provide training on workplace health and safety obligations and advise employers on the risk of prosecution where they have an accident or dangerous occurrence in their workplace.
We can assist employers by:
- Advising on how to respond to a workplace safety incident
- Advising on conducting an internal investigation.
- Advising on how to deal with the inspection and investigation conducted by the regulatory authority, such as Workplace Health and Safety Queensland.
- Attending interviews that the regulatory authority conducts with employees and directors in relation to the incident.
- Consider requests made by the regulatory authority for documentation or other information during their investigation.
If you are prosecuted for an alleged breach of workplace health and safety legislation, Aitken Legal can represent your business in the proceedings including advising on how you should plead with regard to the alleged offence; entering the plea; defending the prosecution and/or entering a ‘guilty’ plea and making a plea to mitigate the penalty.
'Workplace Health and Safety' Related News
ALERT!
Queensland’s first Industrial Manslaughter Case – Directors narrowly escape jail
The District Court of Queensland has recently handed down its first conviction for an offence under the industrial manslaughter provisions introduced in the Work Health and Safety Act 2011 (Qld) (“the Act”) in October 2017. Brisbane Auto Recycling Pty Ltd and its two directors, Asadullah Hussaini and Mohammad Ali Jan Karimi were charged with the […]
ALERT!
Employers and COVID-19
This is indeed a difficult time for all employers and their employees. It is a time for consideration of all available facts and information. Aitken Legal stresses that your primary sources of information about the COVID-19 health situation should come from the Federal Department of Health and the Queensland Department of Health. With a nationally […]
EMPLOYMENT UPDATE
New International OHS Standard Published and Federal Court to Consider ‘CASUAL LEAVE’ Issue Again
This month we look at the new international OHS standard published by Standards Australia. We also discuss the current ‘casual leave’ issue that is set to be considered again by the Federal Court, with a number of parties intervening in a new case brought by Workpac. New OHS standard published The world’s first international OHS […]
EMPLOYMENT UPDATE
Recent employment law decisions provide timely guidance for employers
This month we look at two recent decisions in the employment law space. The first decision relates to an employer’s decision to terminate an employee for breaching a cardinal safety rule. The second decision relates to the reprehensible conduct of an employer who failed to pass on an employee’s paid parental leave entitlement. Use of […]