Study reveals that an alarming number of businesses face prosecution for non-compliance

A recent study has shown that around 50% of businesses are not adequately compliant with their Workplace Health and Safety Obligations. All organisations, including small businesses and not for profits are required to have a Work Health and Safety (WHS) framework to manage the safety and wellbeing of staff, visitors and contractors.

What happens when your business is not compliant with the Work Health Safety Act 2011 (the Act)?

Like all things in life, taking short cuts will eventually catch up with you. Businesses that ignore their work health safety duties risk heavy penalties (up to $3m), plus gaol time for decision makers, such as directors.

Don’t risk non-compliance to Australian workplace safety laws. Take our short survey to see if your business is compliant with the Work Health and Safety Act 2011:

☑   Do you regularly consult with all stakeholders within your business regarding Work Health and Safety?

☑   Have you identified and managed all hazards in your workplace?

☑   Are you providing your staff regular training, relevant to their day-to-day duties to keep them safe?

☑   Are you providing a framework for reporting incidents and managing emergencies such as first aid?

☑   Do you have evidence of compliance to WHS? This includes regular workplace inspection records, safety notices, and meeting minutes

If you have answered NO to any of the above, then you are not meeting your legal obligations under the Act.

Call ISOsafe on 1300 789 132 and speak to one of our Work Health & Safety specialists to discuss how you can become compliant and meet your legal obligations.

State Insurance Regulatory Authority (SIRA) Update - Business owner admits offence

A Hunter hospitality provider ran afoul of the law when she realised her public liability insurance did not cover her workers compensation liabilities.

She rang SIRA and explained her predicament, having been misled by the broker she used and trusted when she set up her business five years prior.

The business had been uninsured for a substantial period of time in a high-risk industry which recorded more than 18,000 injuries, more than 250 permanent disabilities and eight deaths in the past three years.

Sarina Tranter, Director of SIRA Compliance, Enforcement and Investigation, said SIRA dealt seriously with uninsured employers who avoided premiums to obtain a commercial advantage over other businesses.

“NSW has a safety net for workers in the event they are injured and their employer is uninsured,” Tranter said.

“The uninsured worker can make a claim through icare’s uninsured liability section. And while normal benefits apply to these claims, there are heavy penalties for employers. In addition the employer is liable for the cost of the claim.”

The hospitality provider faced the prospect of paying double premiums for up to five years, a fine of up to $55,000 and/or imprisonment for up to six months.

In determining appropriate enforcement action, SIRA’s investigators considered mitigating factors including the employer’s self-disclosure, cooperation and remorse, and ordered her to pay a more lenient three-year ‘avoided premium penalty’ of $18,000.

SIRA’s investigators also contacted the broker involved and reiterated the broker’s obligation to provide legally sound advice.

Workers compensation is required by law under section 155 of the Workers Compensation Act 1987.

SIRA’s Compliance, Enforcement and Investigations team identifies uninsured NSW employers, which often becomes apparent when an employee is injured.

The unit also leads projects targeting high risk industries to make sure employers are aware of their obligations under the Act so they can avoid penalties.

Workers compensation, return-to-work and injury management is complicated at the best of times, if you are unsure about your duties as a manager or business owner contact us today on 1300 789 132 for expert advice.