New fine rates for HSE Prosecutions Max. prison term Max. fine Offence of reckless conduct in respect of a health and safety duty (clause 42) A person who has a health and safety duty, without reasonable excuse, engages in conduct that exposes a person to a risk of death or serious injury or illness, and the person is reckless as to the risk Individual (eg a worker or a self-employed PCBU) 5 years and/or $300,000 Officer of a PCBU 5 years and/or $600,000 Body Corporate (eg a company) - $3 million Offence of failing to comply with a health and safety duty that exposes individual to risk of death or serious injury or illness (clause 43) A person who has a health and safety duty fails to comply with the duty and that failure exposes a person to risk of death or serious injury or illness Individual (eg a worker or a self-employed PCBU) - $150,000 Officer of a PCBU - $300,000 Body Corporate (eg a company) - $1.5 million Offence of failing to comply with a health and safety duty (clause 44) A person that has a health and safety duty fails to comply with that duty Individual (eg a worker or a self-employed PCBU) - $50,000 Officer of a PCBU - $100,000 Body Corporate (eg a company) - $500,000 The fine levels for breaches of other obligations under the Bill are provided for in the clause of the Bill that creates the obligation and are also tiered based on who the duty holder is in the circumstances.
Posted on: Sun, 18 Jan 2015 21:16:20 +0000