WHS Regulations – What can I be fined for?
A large number of building contractors are unaware of the on-the-spot- fines for breaches of work health & safety laws that took effect on 1st January 2014.
The maximum penalty for exposing workers to risk of death or serious injury is now
$600,000 for individual or $3million for body corporate and or 5 Years in prison.
Below is a list of some of the regulations that a Builder or contractor may be fined when failing to comply.
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 $6,000 for an individual or $30,000 for a company.
Penalties Includes: On-the-spot $Fines (in blue), or $Max Penalty (in red) if the case goes to court.
|
Description |
Reg. |
Individual |
Company |
|
Failing to erect a builders sign on site |
308 |
$432 |
$2,160 |
|
Failing to ensure a worker has a white card |
317 |
$3,600 |
$18,000 |
|
Worker failing to carry their white card |
326 |
$144 |
$432 |
|
Failing to obtain Safety Data Sheets (SDS’s) for hazardous chemicals bought on site |
344 |
$6,000 |
$30,000 |
|
Failing to maintain a register of Hazardous chemicals on site |
346 |
$6,000 |
$30,000 |
|
Electrical – Failing to Tag& Test equipment(incl. RCD’s) |
150 |
$432 |
$2,160 |
|
Site is secure from unauthorised access |
298 |
$3,600 |
$18,000 |
|
Worker failing to wear Personal Protective Equipment (PPE) |
46 |
$432 |
$2,160 |
|
Intentionally misuse or damage the PPE equipment |
46 |
$432 |
$2,160 |
|
Failing to provide First Aid Equipment |
42 |
$6,000 |
$30,000 |
|
Failing to prepare, maintain and implement emergency plan |
43 |
$6,000 |
$30,000 |
|
Failing to manage risk of hearing loss from noise |
57 |
$6,000 |
$30,000 |
|
Failing to manage risk of fall |
78 |
$6,000 |
$30,000 |
|
High Risk Work |
|||
|
Failing to check workers Licence for the type of work |
85 |
$432 |
$2,160 |
|
Failing to keep a record of the licence for 1 year |
85 |
$144 |
$720 |
|
Safe Work Method Statements (SWMS) |
|||
|
Failing to prepare SWMS for High Risk work (your workers) |
299 |
$6,000 |
$30,000 |
|
Failing to obtain a copy from subcontractors |
312 |
$432 |
$2,160 |
|
Failing to provide SWMS to principal contractor |
312 |
$432 |
$2,160 |
|
Failing to ensure work is carried out as per SWMS |
300 |
$6,000 |
$30,000 |
|
Failing to review SWMS and revise if necessary |
302 |
$432 |
$2,160 |
|
Failing to keep a copy while work in progress |
303 |
$432 |
$2,160 |
|
Failing to keep a copy for 2 years |
303 |
$144 |
$720 |
|
Failing to make them readily accessible |
303 |
$432 |
$2,160 |
|
Failing to make them available to an inspector |
303 |
$1,250 |
$6,000 |
|
Safety Management Plan (SMP) |
|||
|
Failing to prepare a WHS Management Plan |
309 |
$6,000 |
$30,000 |
|
Failing to inform workers of WHS Management Plan |
310 |
$3,600 |
$18,000 |
|
Failing to review as necessary |
311 |
$3,600 |
$18,000 |
|
Failing to inform workers of updates |
311 |
$3,600 |
$18,000 |
|
Failing to keep a copy while work in progress |
313 |
$144 |
$720 |
|
Failing to keep a copy for 2 years |
313 |
$144 |
$720 |
|
Failing to make SMP readily accessible |
313 |
$144 |
$720 |
|
Failing to make SMP available to an inspector |
313 |
$144 |
$720 |