Fines for non-compliance with WHS

Work Health and Safety Regulations: Tradies – What Can I get Fined For?

The maximum penalty for exposing your workers to risk of death or serious injury are substantial and include fines of up to$600,000 for an individual and $3 million for a Body Corporate and/or 5 Years in prison.

Following is a list of some of the regulations that a contractor may be fined for if they fail to comply with Work, Health and Safety Regulations.
For a complete list of items and fines, refer to SA WHS Regulations 2012.

Note: On-the–spot fines also have larger maximum penalties if a case goes to court, typically in the range of $6,000 for an individual or $30,000 for a company.

Penalties  – Including examples of  On-the-spot Fines and Max. Penalties if the case goes to court: –

Reg 317 – Failing to ensure a worker has a white card: – Max. Penalty, Individual – $3,600, Company – $18,000;

Reg 344 – Failing to obtain Safety Data Sheets for Hazardous chemicals bought on site: – Max. Penalty, Individual – $6,000, Company – $30,000;

Reg 346 – Failing to maintain a register of Hazardous chemicals on site: – Max. Penalty, Individual – $6,000, Company – $6,000;

Reg 150 – Electrical – Failing to Tag & Test Equipment: – On-the-Spot fine, Individual – $432, Company – $2,160;

Reg 43 – Failing to prepare, maintain and implement emergency plan: – Max. Penalty, Individual – $6,000, Company – $30,000;

Reg 42 – Failing to provide first aid: – Max. Penalty, Individual – $6,000, Company – $30,000.

Reg 46 – Failing to wear personal protective equipment: – On-the-Spot fine, Individual – $432, Company – $2,160;

Intentional misuse or damage of equipment: – On-the-Spot fine, Individual – $432, Company – $2,160;

 

High Risk Work

Reg 85 – Failing to check workers Licence for the type of work: – On-the-Spot fine, Individual – $432, Company – $2,160;

Reg 85 – Failing to keep a record of the licence for 1 year: – On-the-Spot fine, Individual – $432, Company – $2,160;

Safe Work Method Statements (SWMS)

Reg 299 – Failing to prepare SWMS for High Risk work: – Max. Penalty, Individual – $6000, Company $30,000;

Reg 300 – Failing to ensure that work is carried out as per SWMS: –  Max. Penalty, Individual – $6,000, Company –  $30,000;

Reg 302 – Failing to review SWMS and revise if necessary: – On-the-Spot fine, Individual – $432, Company – $2,160;

Reg 303 – Failing to keep a copy while work in progress: – On-the-Spot fine, Individual – $432, Company –  $2,160;

Reg 303 – Failing to keep a copy for 2 years: – On-the-Spot fine, Individual – $144, Company – $720;

Reg 303 – Failing to make SWMS readily accessible: – On-the-Spot fine, Individual – $432, Company – $2,160;

Reg 303 – Failing to make SWMS available to an inspector: – Max. Penalty, Individual – $1,250,    Company – $6,000.