The South Australian Business Chamber recently advised on a case in the South Australian Employment Tribunal (“SAET”) this year where an employer has been fined for contravening the Work Health and Safety Act 2012. As a person conducting a business or undertaking (PCBU), an employer has a duty to ensure, in so far as is reasonably practicable, that they are providing a safe workplace and that the health and safety of their workers is not put at risk from the employers conduct of the business.
The employer was fined $120,000. Importantly, this fine was after an early guilty plea and discounted by 40%, meaning it could have been a lot higher. For a small business, a fine like this amount could be enough to put the business in financial hardship.
Whilst the moral reasons why employers should provide a safe workplace are obvious, employers should also turn their minds to the financial implications of being caught out not providing a safe workplace. In this case, the employer had not ensured that the equipment was safe and sufficient safety precautions were in place and injuries to workers occurred.
What should you do?
Always ensure your business has:
Businesses should also provide a thorough induction to their employees, including sufficient information, training and supervision to ensure that their employees are competent to work safely. Whilst it is a requirement to provide the necessary personal protective equipment, employers should not forget to ensure that equipment and plant has the necessary protective guards and not just rely on the personal protective equipment to keep employees safe.
To ensure continued compliance with their obligations, employers should conduct regular safety audits, reviews of policies and procedures and continued training to employees. In doing so, an employer could prevent an injury and the risk of costly fines.
