One of the most significant aspects of the proposed Occupational Health and Safety (OHS) Amendment Bill is the introduction of more stringent criminal liability for employers and individuals who fail to comply with its provisions. The Bill makes it clear that you can be criminally prosecuted if you commit an offense by contravening or failing to comply with the Act, especially if such actions result in a person’s death, permanent disability, or illness​.
What Does Criminal Liability Entail?
Criminal liability under the OHS Amendment Bill means that if an employer, manager, or any other responsible person is found guilty of not adhering to the Act’s provisions, and this non-compliance leads to severe consequences like death, permanent disability, or illness, they could face criminal charges. This could include substantial fines and imprisonment.
Key Scenarios That Could Lead to Criminal Prosecution
- Failure to Implement Safety Measures:
- If an employer fails to implement necessary safety measures as required by the Act, and this negligence leads to a fatal accident or serious injury, they could be held criminally liable. For example, not providing proper protective equipment or failing to conduct risk assessments for hazardous work environments.
- Ignoring Health and Safety Directives:
- If an employer disregards directives or warnings issued by the Department of Employment and Labour, and this leads to an incident causing death or severe harm, they could face criminal charges.
- Inadequate Response to Known Hazards:
- If an employer is aware of a significant hazard and fails to take appropriate action to mitigate it, resulting in an incident, they could be prosecuted. For instance, not addressing faulty machinery that later causes a fatal accident.
The Implications of Criminal Liability
The introduction of criminal liability under the OHS Amendment Bill underscores the seriousness with which workplace safety is now viewed. It serves as a strong deterrent against negligence and encourages employers to prioritize the health and safety of their workers. However, it also means that businesses must be more vigilant in ensuring compliance with the Act to avoid severe legal consequences.
How Employers Can Protect Themselves
To avoid the risk of criminal liability, employers should take the following steps:
- Ensure Full Compliance: Regularly review and update your safety policies and procedures to ensure they meet all legal requirements.
- Conduct Thorough Training: Ensure that all employees and managers are trained on their responsibilities under the OHS Act and understand the consequences of non-compliance.
- Implement Robust Safety Management Systems: Develop and maintain a comprehensive Health and Safety Management System (HSMS) that covers all aspects of workplace safety, including regular audits and risk assessments.
Conclusion
The proposed OHS Amendment Bill’s provisions for criminal liability are a clear message that workplace safety is a non-negotiable priority. Employers must take proactive steps to ensure compliance with the Act to protect their workers and avoid the severe penalties associated with criminal prosecution. By fostering a culture of safety and compliance, businesses can safeguard their employees and their operations from legal risks.
