Workplace Health and Safety

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.

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