OHS Worksafe Prosecutions – Why You Need a Criminal Lawyer

Workplace offences are complex, impact risks to health, and require an experienced criminal lawyer to navigate.

Occupational Health and Safety Laws are critical, especially in riskier industries such as construction, mining, transport, and those that operate heavy machinery.  The Occupational Health and Safety Act 2004 (OHS Act) is Victoria’s primary work health and safety act, setting out the rights, duties, and key principles to protect the welfare, health, and safety of employees and other people at work. The Act aims to ensure that work-related activities don’t put health and safety at risk.

This article will explain OHS laws and regulations, how they can affect you if you receive criminal charges, and how a criminal lawyer can help you in court.

 

Occupational Health and Safety Regulations 2017

These regulations build on the Occupational Health and Safety Act regulations, setting out how to fulfil duties, responsibilities and processes that support the OHS Act.

The Occupational Health and Safety Regulations 2017 include requirements such as the safe operation of hazardous facilities and mines, training for high-risk work, managing and removing asbestos, and licences for specific activities.

The OHS regulations took effect on 18 June 2017 and replaced the old OHS Regulations 2007.

Target Areas For Prosecutions Under Work Health and Safety Laws

The following is a list of various points of prosecution that may be pursued during the legal proceedings in WorkSafe cases:

• Work-related fatalities, including workplace manslaughter.
• Incidents involving serious injury or immediate risk to health and safety, such as reckless conduct that endangers others at work, failure to control risks despite previous risk or knowledge, repeat offending, or departures from accepted safe systems of work.
• Prevention in high-risk industries and occupations such as farming, transport, or construction, and common musculoskeletal injuries.
• Failure to comply with a direction given by an inspector or WorkSafe, especially where the risk still exists in the workplace, was ‘passed on’ to others without warning or was not fixed until a significant time after the date of the notice.
• Offences against inspectors. This includes hindering, concealing, or obstructing evidence from an inspector, assaulting, intimidating, or threatening an inspector, or impersonating an inspector.
• Offences against health and safety representatives. This includes employees refusing OHS training as specified by WorkSafe, meeting obligations set by health and safety representatives such as interviews or information, and establishing a health and safety committee.
• Offences against or by authorised representatives of registered employee organisations, such as hindering, obstructing, impersonating, or intimidating an authorised representative.
• Discrimination or threats to discrimination against employees or potential employees for any action concerning health and safety.
• Coercion in negotiations relating to the establishment of designated workgroups of workers.
• Failure to notify WorkSafe of ‘notifiable incidents’ and failing to preserve incident sites when required.
• DG Act Offences that involve substantial damage to property, high consequence dangerous goods, breaches of Governor-in-Council orders prohibiting dangerous goods.
• EPS Act Offences, especially breaches of Governor-in-Council orders that impose on prohibition with prescribed equipment.
• Other targeted areas as published by WorkSafe.

What are you entitled to in terms of work compensation? As a criminal lawyer servicing Croydon, Craigieburn, Preston, and Box Hill suburbs, we offer evidence-based legal advice that is compassionate and professional.

Enforcement Criteria – WorkSafe

Where WorkSafe pushes charges onto a person, these are generally limited depending on the offence. With this in mind, what are some examples?

• WorkSafe must bring charges for indictable offences against the OHS Act within two years of being committed or becoming aware of such offence unless the Director of Public Prosecutions (DPP) authorises an extension of time.
• WorkSafe is required to bring charges for certain offences under the WIRC Act and the AC Act within three years of the offence date.
• Regarding prosecutions for Summary Offences, these must be brought within 12 months of the alleged offence, except where otherwise provided by law.
• WorkSafe considers whether sufficient evidence supports enforcement action and the public interest when deciding on enforcement actions. 

Want to learn more about different offences? Read up on what types of drug charges are most common for insight on how a criminal lawyer can help.

WorkSafe – Assessing Conviction

According to the Prosecutorial Discretion Policy, a number of factors determine if there is a reasonable prospect for conviction. Always speak to a criminal lawyer for accurate, strong representation in court.

These factors can include a possible line of defence, the possibility of evidence being excluded, whether prosecution witnesses are available, the credibility of witnesses or whether there is a motive, conflict between eye-witnesses, a reason for a false story, forensic or medical evidence, the case of a child witness, and the reliability of admissions.

Unsure of how WorkSafe enforcement criteria affect you? As a criminal lawyer servicing Richmond, Sunshine, Fairfield, and Western Suburbs, we provide experienced legal support in your corner you can trust.

WorkSafe – What About Public Interest?

WorkSafe considers whether it is within the public’s interest to take action, as outlined by the following points:

• Nature and circumstance of the alleged offending, including the seriousness of the offence.
• The characteristics of the alleged offender, such as compliance history.
• The impact of the alleged offender on others, such as any person who has passed away.
• General deterrence may be needed, reducing the likelihood of others committing similar offences.
• The impact of the alleged offence on the scheme, such as the extent of financial losses.
• There is a need for specific deterrence, reducing the likelihood of further breaches.
• The effect of prosecution, including the outcome of finding guilt.
• There is a need to maintain public confidence in the administration of the law.

WorkSafe – Recognising Potential Risks

According to Safe Work Australia, there are ways to identify, assess, and control hazards at work, and all employees have this duty of care:

1. Undertake a risk assessment by identifying hazards that can cause harm, such as death, injury, or illness. This assessment can help you configure the severity of the risk, determine if control measures are effective, determine what action should be taken to control the risk and determine how urgent you need to take action.

2. Control risks or always aim to eliminate risks. Where it is not possible, the risk must be minimised. Follow the hierarchy of control measures, ranked from the highest level of protection to the lowest.

3. Review control measures. Always review control measures so they work as planned.

Managing these risks depends on the likelihood of the hazard or risk, the harm that could occur, knowledge or hazard about the risk, ways to minimise or eliminate the risk, and the costs.

Safety At Work – Criminal Lawyer in Melbourne

Whether you are dealing with safety risks to health, criminal matters, or something as difficult as workplace manslaughter, solid legal advice by a criminal lawyer needs to be sought. 

Supporting South Eastern Suburbs and Northern Suburbs in Melbourne, I am one of the few recognised by the Law Institute of Victoria as an accredited specialist.

At May Lawyers, I represent your case as if it were mine. When faced with losing your reputation or your liberty, we offer professionalism in drug offences, traffic offences, confiscation, and of course, regulatory & WHS proceedings.

Contact us today for a down-to-earth discussion.