OHS - Occupational Health and Safety Obligations
It is important that Directors and/or Officers are aware of their duties with regard to Occupational Health and Safety as there is potential for criminal prosecution where a breach of obligations exists.
“Occupational Health and Safety” (OHS), is now a focus of attention, as all Australian governments will mirror the Model Work Health and Safety Act 2000 (ACT) and Regulations. 
Apart from WA, they should commence in each jurisdiction on January 1st, 2012 providing consistency in occupational health and safety regime, nationally. As was the case previously, focus will be on the health, safety and welfare of employees by imposing new duties on directors and officers of companies or persons conducting a business and others to ensure that they are not subjected to risks to their health or safety.
OHS - Positive Duty/Fines and Criminal Prosecution
The duty is a positive one which is imposed upon directors and/or officers to exercise due diligence in order to ensure compliance with OHS laws. A breach of this obligation can result in five years imprisonment and/or a fine of up to $600,000 for an individual. This increases to $3M for corporations.
f you have been charged with an OHS related offence, call LAC today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne) for information and advice on defending your charge.
