WorkSafe Infringement Notices

Since 20 July 2021, WorkSafe Victoria inspectors have been able to issue infringement notices with on the spot fines of up to $1,817 for certain offences, such as working without a required license, registration, qualification, experience or supervision, or the use of equipment or substances that are not licensed or registered.

On the spot fines will vary depending on the nature of the offence and range from $363 for an individual, potentially a manager or worker, and between $1,090 and $1,817 for a corporation e.g. the Owner.

Under the infringement notice scheme the obligations of employers do not change, i.e. the Act and Regulations remain as is whilst another application of applying penalties comes into play.

Duty holders must continue to do everything that is reasonably practicable to provide a workplace that is free from risks to health and safety.

The ability to investigate and, where appropriate, prosecute breaches of the OHS Act in the courts will continue to be part of WorkSAFE’s compliance and enforcement approach.

WorkSafe have released a table that defines the approximately 54 potential offences and what section of the OHS Act or Regulation they arise from but unfortunately this is very challenging to decipher

I have attempted to describe some of the potential offences that may be applicable to the Construction Materials Industry as follows:

• The use of plant that is not design register with WorkSafe such as some Pressure Equipment, Gantry Cranes with a rated capacity greater than 5 tonnes or Bridge Cranes with a rated capacity greater than 10 tonnes, Mobile cranes with a rated capacity greater than 10 tonnes, Vehicle Hoists and Concrete Placing Booms Pumps
• Failure to keep a record of inspection or maintenance of plant, specifically design registered plant as listed above
• Failure to hold High Risk Work Licence where required, e.g. for the operation of a Boom Type Elevating Work Platforms with as Boom length = to or > than 11m or the operation of a Fork Lift
• Failure to hold any other class of license for the required activity, e.g. electrical work, explosives work
• Failure to make available for inspection a High Risk Work Licence or other class of licence
• Failure to ensure Powered Mobile Plant is fitted with a warning device
• Employer allowing employee to perform High Risk Work without a licence
• Failure of an employer to prepare and maintain a register of all hazardous substances supplied to the employer’s workplace
• Failed to allow a Health and Safety Representative access to information
• Failure to erect Signs in the immediate vicinity of a Confined Space
• Failure to keep Confined Space Entry Permits until the work is completed; or for 2 years in the event of a Notifiable Incident occurrence
• Failure to keep a written record of employees exiting a Confined Space
• Failure to keep records of Dust and Noise Monitoring
• Failure to keep records of Health Monitoring including Audiological Examination reports

The introduction of the Silica regulations in November 2021 with a transition period to May 2022 will also add some further offences, e.g. failure to establish, implement and maintain a Respirable Crystalline Silica Dust Control Plan.

Many of the other offences are not generally relevant to the Construction Materials Industry and relate to Mines, Construction Work, Asbestos, Major Hazard Facilities and some Prescribed Hazardous Substances.

This article has been written by David McKelvie the Director of Safe Mix, a WHS consultancy that specialises in supporting the Construction Materials Industry.

David has been working in the industry since 1984, for the first ten years in operational roles and since in WHS Roles.

Safe Mix has been operating since 2013 and can assist members in controlling the WHS risks associated with their general operational activities.

Safe Mix also offers services in regards to the control of Respirable Crystalline Silica Dust inclusive of awareness training, dust control plans, the coordination and assessment of dust monitoring and general advice.

If you require support, please contact David on 0407 022 117 or email david@safemix.com.au.

Alternately visit our website www.safemix.com.au.

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