Penalties
If you do not fulfill your duties or obligations, you are in breach of the Work Health and Safety Act 2011 or the Electrical Safety Act 2002 and could be prosecuted.
What is a breach?
A breach occurs when the law is not upheld; when:
- an action is taken that places a person at risk of injury, illness or death
- steps are not taken to avoid a risky situation from occurring
- there is a failure to comply with regulatory requirements.
Work health and safety breaches
Examples of breaches of the WHS Act include:
- exposing workers to the risk of excessive noise
- working at heights where the risk of falling is not controlled
- allowing unlicensed operators to use specified equipment such as forklifts
- not ensuring that plant is appropriately guarded to eliminate or minimise exposure of workers to moving parts
- failing to have in place safe work method statements for work carried out in or near a confined space
- not notifying the Office of Industrial Relations (OIR) when a notifiable serious injury or illness occurs at your workplace.
Electrical safety breaches
Examples of breaches of the ES Act include:
- performing unlicensed electrical work
- carrying out electrical work on energized electrical equipment when not permitted
- allowing unlicensed operators to use specified equipment such as forklifts
- not testing electrical work to ensure it is electrically safe
- not notifying the OIR of a serious electrical incident (SEI) or dangerous electrical event (DEE).
There are four categories of offences for failing to comply with a health and safety duty under the WHS Act and SRWA Act or an electrical safety duty under the ES Act, depending on the degree of seriousness or liability involved.
Industrial manslaughter
The highest penalty under either the WHS Act, SRWA Act or the ES Act is for industrial manslaughter where a person conducting a business or undertaking (PCBU), or a senior officer, negligently causes the death of a worker.
Where a PCBU, or senior officer, commits industrial manslaughter, a maximum penalty of 20 years imprisonment for an individual, or $10M for a body corporate, applies.
Category 1
The next highest penalty under either the WHS Act or the ES Act is for a category 1 offence. These are serious breaches where a duty holder who recklessly endangers a person to risk of death or serious injury. Offences involving reckless conduct, will be prosecuted in the District Court.
- Corporation: up to $3 million
- Individual as a person conducting a business or undertaking (PCBU) or an officer: up to $600,000 / 5 years jail
- Individual e.g. worker: up to $300,000/ 5 years jail.
Category 2
Failure to comply with a health and safety duty or electrical safety duty that exposes a person to risk of death, serious injury or illness. Offences will be prosecuted in the Magistrates Court.
- Corporation: up to $1.5 million
- Individual as a PCBU or an officer: up to $300,000
- Individual e.g. worker: up to $150,000.
Category 3
Failure to comply with a health and safety duty or electrical safety duty. Offences will be prosecuted in the Magistrates Court.
- Corporation: up to $500,000
- Individual as a PCBU or an officer: up to $100,000
- Individual e.g. worker: up to $50,000.
Note: Appeals in Category 1, Category 2 or Category 3 are made to the District Court.
Infringement notices (on-the-spot fines) are issued under the State Penalties Enforcement Act 1999 and may be issued by an inspector if they believe, on reasonable grounds, that a person is committing or has committed an infringement notice offence under the legislation. Infringement notices may be issued to an organisation, individual or both.
An on-the-spot fine is an alternative to prosecuting alleged offenders directly through the court. It is also called an infringement notice.
Fines for infringement notice offences range from $144 - $720 for individuals, and $720 - $3600 for a business.
- There are currently 240 infringement notice offences for contraventions of the WHS and ES legislation.
- The regulator has identified a smaller number as priority areas for enforcement and if an inspector identifies a contravention of a provision determined by the regulator to be a priority, the inspector will issue an infringement notice.
- The provisions determined as a priority by the regulator will change periodically to reflect current and emerging risks.
Priority infringeable offences
The following offences are priorities for our inspectors:
- Non-compliance with an Improvement Notice
- The person must comply within the period stated on the notice - WHS Act s.193
- The person must comply within the period stated on the notice - ES Act s.146B
- Incident Notification and Reporting
- PCBU must keep record of each notifiable incident for 5 years after notification - WHS Act s.38(7)
- PCBU must keep a record of each serious electrical incident or dangerous electrical event for at least 5 years after notification - ES Reg s.265(6)
- Consultation with workers
- PCBU must allow adequate time for HSR to exercise powers/functions - WHS Act s.70(2)
- Safety Management – construction projects
- Safe Work Method Statements (high risk construction work) - WHS Reg s.299(1); s.300(1); s.300(2); s.301; s.302; s.303(3); s.312
- WHS management plan must be accessible - WHS Reg s.313(3)
- Provision of hygienic, safe and serviceable amenities - WHS Reg s.315A(2)
- Construction Work
- Trenching/excavation - WHS Reg s.304(3); s.304(5); s.306(1)
- Fall arrest system as control measure - WHS Reg s.306I(7)
- Ladder safety - WHS Reg s.306K(2); s.306L(3); s.306O(5)
- Scaffolding - WHS Reg s.306P(2); s.306Q(2)
- Falling objects - WHS Reg s.315F(3); s.315G(3); s.315L(3)
- General construction induction training - WHS Reg s.316
- General workplace management
- Air monitoring for airborne contaminants - WHS Reg s.50(1)
- Specific Hazardous Work
- Overhead or underground electric line (safe distance) - ES Reg s.68(1); s.68(2)
- Confined spaces - WHS Reg s.66(2); s.69
- General diving work competency - WHS Reg s.175(1)
- Hazardous chemicals register – WHS Reg s.346(1); s.346(3)
- Asbestos management - WHS Reg s.425(1); s.449; s.419(1); s.446(1); s.446(3)
- Licensed High Risk Work
- Written evidence of licence, training, application or certification - WHS Reg s.85(1); s.85(2); s.85(3)
- Electrical Work
- Electrical work - ES Reg 14; 15(1); 26(2); 31(1); 32(1)
- Electrical installations - ES Reg 70; 71; 85(2)
- Electrical supply - ES Reg 221(1); 221(2); 227(1)
- Electrical Licences
- Unlicensed electrical work - ES Act 55(1); 56(1); 57(1)
How to pay a fine
You have 28 days from the issue date shown on the fine/infringement notice to pay the fine in full or set up a payment plan (for fines of $200 or more).
The alleged offender can choose to contest the infringement notice in a Magistrates Court. Not paying the fine can lead to further enforcement action, for more information regarding overdue fines and potential consequences. See Overdue fines below.
You can use your infringement notice number to pay your fine. Your infringement notice will list the available options to pay your fine, including:
- Pay online
- Pay by post
Pay a fine for electronically issued notices
For electronically issued infringement notices, you can easily make a payment online. Simply visit www.worksafe.qld.gov.au/paymyfine or click the 'Pay my fine' button above. This link is also accessible on the second page of your electronic notice.
If you need help paying a fine online, contact the Office of Industrial Relations by calling 1300 362 128.
Pay a handwritten fine online
Handwritten fines are manually issued and cannot be paid online straight away—you need to wait until details of the fine have been recorded on our system. This requires processing by the issuing authority and may take up to 7 business days from the issue date shown on the fine/infringement notice.
If it takes longer than 7 days for your fine to be recorded on our system, you may need to contact the Office of Industrial Relations by calling 1300 362 128 (You will need your infringement notice number from the infringement notice).
Pay by post
Do not send cash.
Post a copy of your infringement notice and a cheque or money order to:
Office of Industrial Relations,
Accounts Receivable,
PO Box 820, Lutwyche QLD 4030
Make your cheque or money order payable to the Office of Industrial Relations.
You must ensure that payment is received within 28 days of the issue date shown on the notice.
Set up a payment plan
If your fine amount is $200 or more, you can choose to pay it off over time as part of a payment plan—by making multiple smaller payments.
To set up a payment plan, you will need to make a first payment of at least $60 within 28 days of the issue date shown on the notice.
After you've set up your payment plan, the State Penalties Enforcement Registry (SPER) will then send you a letter telling you when your instalment plan payments are due.
You can use your infringement notice number to pay your first instalment online or by Post.
If we have not received payment or you have not taken any action within 28 days of fine issue date, the infringement notice may be referred to the State Penalties Enforcement Registry (SPER), who may take enforcement action to recover the amount from you, including any additional fees incurred from the referral.
Not paying the fine can lead to further enforcement action. The infringement notice may be referred to the SPER to take further action including:
- redirection of wages or funds from a bank account
- issuing of a warrant for the seizure and sale of property
- suspension of the debtor's driver's licence until the debt is satisfied
- registration of the debt for enforcement interstate
- issuing an arrest and imprisonment warrant.
You may elect to have the matter heard in court. If you choose this option, you must take one of the following actions within 28 days from the date of service of this infringement notice. You are responsible for obtaining your own legal advice before the court hearing. If found guilty of the offence, you may be required to pay costs. If you do not appear on the date set for the hearing the offence may be heard in your absence
If you wish to have this matter heard in court, complete the form online within 28 days from the date of service of Infringement notice. Do not pay the fine and keep a copy for your records.
or
Scan a copy of your infringement notice with the completed and signed 'Section 3: Take this matter to court' form on the back page of infringement notice copy. This must be done within 28 days from the date of service of Infringement notice. The documents should be sent by email to SPERLiaisonofficer@oir.qld.gov.au or by mail to:
Office of Industrial Relations,
Attn. SPER Liaison Officer,
PO Box 7129,
BRENDALE QLD 4500
You are responsible for obtaining your own legal advice before the court hearing. If found guilty of the offence, you may be required to pay costs. If you do not appear on the date set for the hearing, the offence may be heard in your absence.
Further information
Before deciding to go to court to dispute an infringement notice, please consider the following: