The Law Handbook 2024

Chapter 11.7: Occupational health and safety 1079 v Coates Hire Operations Pty Ltd [2012] VSCA 131; DPP v Vibro-Pile (Aust) Pty Ltd [2016] VSCA 55; and DPP v Hazelwood Power Corporation Pty Ltd (Sentence) 2020 VSC 278, where the total penalty for 10 offences in this case amounted to $1.56 million. The court can also impose other penalties, such as adverse publicity orders (s 135 OHS Act 2004) and orders to undertake improvement projects (s 136). The heaviest maximum penalties are for: • failing to provide and maintain a safe working environment for employees (s 21); • exposing non-employees to risks to their health and safety (s 23); • recklessly endangering people at workplaces (s 32); and • workplace manslaughter (s 39G). The offence of reckless endangerment carries a maximum penalty of five years’ imprisonment for an individual. Such cases are rare (see Orbit Drilling Pty Ltd v The Queen [2012] VSCA 82). Officers of corporations and unincorporated associations can be convicted if they fail to take reasonable care to ensure that the corporation or unincorporated association meets its statutory duties (ss 144, 145 OHS Act 2004). For workplace manslaughter, there is a maximum penalty of up to 25 years’ imprisonment for an individual or 100 000 pu for a body corporate (s 39G OHS Act 2004). Anyone may ask WorkSafe Victoria to prosecute; WorkSafe Victoria must respond in writing to such requests (for details, see s 131 OHS Act 2004). Other workplace issues Bullying In 2012, WorkSafe Victoria published Workplace Bullying: Prevention and Response (last updated in March 2020) as part of a campaign to highlight the issue of workplace bullying. The publication provides practical guidance for employers and employees in relation to preventing and addressing workplace bullying. Employers and employees have been prosecuted for workplace bullying. For example, the owner of a cafe and a number of employees were successfully prosecuted in 2010 in a case in which a young waitress employed at the cafe committed suicide after she was relentlessly bullied at work. Since 1 January 2014, victims of workplace bullying have been able to apply under the FW Act to the Commonwealth Fair Work Commission ( FWC ) for orders to stop bullying. The range of ‘workers’ covered by the FW Act’s anti-bullying provisions is broader than the range of ‘employees’ protected under the OHS Act 2004. However, the range of workplaces covered by the Commonwealth law is narrower than the range covered by the VictorianOHS Act 2004. The eligibility guidelines are quite technical, so the FWC has established a dedicated unit to assist would-be applicants. The FWC’s contact details are listed under ‘Contacts’, below. Chemicals In recent years, the general public has been made aware of the extremely dangerous nature of workplace chemicals such as asbestos. In response, governments throughout Australia have introduced laws regulating the handling, use and transport of chemicals. These laws are to ensure that employees who are required to work with chemicals are: • informed about the potential risks; • instructed and trained in the means by which those risks may be removed or reduced; and • provided with the necessary equipment including personal protective equipment. The principal Victorian requirements are found in sections 21(2)(b) and 22 of the OHS Act 2004. Workplace injuries For information about the law relating to workplace injuries, see Chapter 10.3: Work injuries.