BREACHES & ON THE SPOT FINES

What is a breach?

Either an action is taken that places a person at risk of injury, illness or death or steps are not taken to avoid a risky situation from occurring or there is a failure to comply with regulatory requirements.

Examples may include:

• exposing workers to the risk of excessive noise
• working at heights where the risk of falling is not controlled
• allowing non certificated operators to use specified equipment (forklifts etc)
• failing to have in place construction work method statements
• failure to notify a serious bodily injury occurring at the workplace

On the Spot Fines

On the spot fines are an alternative to prosecuting alleged offenders directly through the court. It is also called an infringement notice.

On the spot fines may be issued for workplace health and safety offences as prescribed in Schedule 5 of the State Penalties Enforcement Regulations 2000.

These include:

• failure to appoint a Workplace Health and Safety Officer
• failure to comply with an improvement notice
• failure to record a work caused illness or injury
• allowing a person to undertake construction work where there is a risk the

    person could fall, without having adequate controls in place.

On the spot fines may be paid in full at any Workplace Health and Safety office within 28 days or arrangements can be made to pay an on the spot fine of $150.00 or more in installments.

The alleged offender can choose to contest the infringement notice in the magistrates court.

Failure to pay can lead to further enforcement action including:

•         Redirection of wages or funds from a bank account
•         Issuing a warrant for the seizure and sale of property
•         Suspension of the debtors drivers licence until the debt is satisfied
•         Registration for the enforcement of the debt interstate
•         Issuing an arrest and imprisonment notice

Below is an extract indicating typical on the spot fines and the associated penalties