It Could Happen To You: Personal Liability for OSH Breaches

Event Date: 
24 February 2015
IFAP - North Lake
128 Farrington Road
North Lake

IFAP is proud to bring you Tim Lethbridge, Partner at Kott Gunning Lawyers who will explore the impact of prosecution on an individual following an OSH breach within their organisation.

A WorkSafe prosecution against a company can be costly and cause substantial damage to the company’s reputation. The maximum penalty for a first offence is a fine of $500,000, without taking into account the substantial legal costs that are likely to be incurred.

Any such prosecution will not necessarily be limited to the company. Where a company is guilty of an offence under the Occupational Safety and Health Act 1984 (WA), any “director, manager, secretary or other officer” of the company may also be guilty of that offence. The maximum penalty that such an individual can face for a first offence is a fine for $250,000 and imprisonment for two years. Whilst a director and secretary are fairly well-understood concepts, the scope of who falls into the definition of ‘manager’ and ‘officer’ may be considerably less clear.

Tim’s presentation will explore the extent to which personal liability for breaches of the Occupational Safety and Health Act 1984 (WA) can attach to individuals. He will also examine the likely effect of the proposed harmonisation laws on this issue and this event will be a great opportunity for anyone in industry to network with IFAP Alumni and other Safety and Health Professionals.

08 9333 9982
08 9335 3119
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