Officer Charged
06/9-14 at 16.19 by: Jason Somerville-Kimlin
Regrettably, many company directors, officers and safety professionals have been awaiting the first case, to see how the courts apply the Act, and for good reason – company directors and officers have been in the firing line since the introduction of the WHS Act 2011 on 1 January 2012.
As a result of a workplace death in the ACT, both Kennos Contractors Pty Ltd and a senior manager have been charged with a Category 2 offence under the WHS Act 2011, equating to a maximum penalty of $1.5M for the company and $150,000 for the manager.
Whilst the matter is yet to be heard, it is expected the term “officer” will be tested to its full extent, this first trial will be protracted as a result of the initial testing and no doubt costly, in terms of legal and psychological costs.
This aside, it’s unfortunate when any worker is harmed at work and the case should serve as a timely reminder to all persons conducting a business or undertaking, to ensure their obligations and responsibilities are covered in full. Furthermore, It’s clear prosecutors will not allow the legislation to be compromised – remain vigilant with respect to your obligations and responsibilities at all times.