Edition 53, January/February 2008

SA increases penalties for workplace safety breaches


South Australia has introduced tougher penalties for workplace safety breaches with the introduction of the Occupational Health, Safety and Welfare (Penalties) Amendment Act 2007.

The amendment, which took effect from 1 January 2008, increased the maximum penalties for corporate offenders and the public sector. The new maximum penalties are $300,000 for a first offence and $600,000 for subsequent breaches.

A new offence of reckless endangerment has also been introduced. This new offence applies to any person or business proven to have demonstrated a knowing or reckless disregard for workplace safety that creates a substantial risk of death or serious harm to others. Reckless endangerment can attract a fine of up to $1.2 million for corporations and public sector agencies, while individuals face a maximum fine of $400,000 or imprisonment of up to 5 years.

Incidents now before the court, or which happened prior to 1 January 2008 and are yet to be prosecuted, will (if proven) attract penalties under the old scale. The higher penalties and the new offence will apply to conduct taking place after 1 January 2008.

The legislation is part of a commitment to the South Australian Strategic Plan, which includes a target of reducing workplace injuries by 40 per cent by the year 2012.

For more information visit www.safework.sa.gov.au

This page was generated on 26 August, 2009

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