Infringement offences

WorkSafe inspectors can issue an infringement notice if you commit certain offences.

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Background

WorkSafe Victoria is responsible for monitoring and enforcing compliance with all laws it administers. There are a range of compliance and enforcement measures that WorkSafe may use to respond to non-compliance, including for prescribed offences, infringement notices.

Specific provisions under the Occupational Health and Safety Act 2004 (OHS Act) and Occupational Health and Safety Regulations 2017 (OHS Regulations) are prescribed as infringement offences.

The prescribed infringement offences apply across industries already regulated by the OHS Act, including construction, working with asbestos, major hazard facilities, hazardous substances, mining and quarries, and working with crystalline silica.

WorkSafe inspectors can issue an infringement notice for any of the following offences under the OHS Act or OHS Regulations.

Infringement offences under the OHS Act

Section
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Description
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22

Health monitoring to be conducted by specialist registered medical practitioner

  • Regulation 319ZD – Health monitoring to be conducted by specialist registered medical practitioner – engineered stone licence holder must ensure health monitoring carried out under supervision of specialist registered medical practitioner

40(2)

Person not to use plant at a workplace if requirements for licence or registration are not met, including requirements set out in the following regulations:

  • Regulation 125 - Requirement for plant designs to be registered
  • Regulation 126(1) - Requirement for altered plant designs to be registered
  • Regulation 126(2) - Requirement for altered plant designs to be registered

40(3)

Person not to use a substance at a workplace if requirements for licence or registration are not met

40(4)

Person not to carry out work or an activity at a workplace if requirements for licence or registration are not met, including requirements set out in the following regulations:

  • Regulation 128 - Requirement to hold licence for high risk work
  • Regulation 174(1) - Requirement to hold licence for work or an activity involving Schedule 10 carcinogenic substance
  • Regulation 174(2) - Requirement to hold licence for work or an activity involving Schedule 11 carcinogenic substance at a laboratory
  • Regulation 174(3) - Requirement to hold licence for work or an activity involving Schedule 11 carcinogenic substance at a workplace other than a laboratory
  • Regulation 264 - Requirement to hold licence for Class A asbestos removal work
  • Regulation 265 - Requirement to hold licence for Class B asbestos removal work

41

Person not to carry out work or an activity at a workplace if requirements for prescribed qualifications or experience are not met, including requirements set out in the following regulation:

  • Regulation 340 – Requirement to hold a current construction induction card

69(1)(a)

Employer to allow access to certain information to health and safety representatives (HSRs)

Infringement offences under the OHS Regulations

Regulation
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Description
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33(1)

Employer to make record of determination of exposure to noise

39

Employer to obtain report of audiological examination

40(1)

yer to keep employee’s test results or examination report

61

Employer or self-employed person to erect signs in immediate vicinity of a confined space

64

Employer to keep confined space entry permits

68

Employer to keep record of exit from confined space

94(1)

Supplier who hires or leases plant to keep record of inspection or maintenance

106

Employer or self-employed person to keep record of inspection and maintenance of certain plant

110

Employer or self-employed person to ensure powered mobile plant fitted with warning device

129

Employer must not allow unlicensed employee to perform high risk work

162(1)

Employer to prepare and maintain register of hazardous substances

168(1)

Employer to keep record of atmospheric monitoring

171

Employer to keep health monitoring report

175(1)

Employer to make record of persons who work with a scheduled carcinogenic substance

175(3)

Employer to keep record of persons who work with a scheduled carcinogenic substance

220(1)

Storage of asbestos prohibited

246

Asbestos removal work to be performed by certain persons

252(2)

Self-employed persons performing limited asbestos removal work to keep record of appropriate training while engaged in asbestos removal work

263(1)

Employer performing limited asbestos removal work to obtain summary of results of medical examination of a person engaged in ongoing asbestos removal work

263(2)

Employer performing limited asbestos removal work to keep summary of results of medical examination of a person engaged in ongoing asbestos removal work

266(2)

Asbestos removal licence holder not to appoint person as asbestos removal supervisor if nomination not accepted by the Authority

278(2)

Asbestos removal licence holder to ensure personal protective clothing or personal protective equipment is decontaminated or contained before removal from the work area

278(3)

Asbestos removal licence holder to ensure equipment (other than personal protective equipment) is decontaminated or contained before removal from the work area

283(1)

Asbestos removal licence holder to obtain summary of results of medical examination of a person engaged in asbestos removal work

283(2)

Asbestos removal licence holder to keep summary of results of medical examination of a person engaged in asbestos removal work

297(1)

Person who commissioned asbestos removal work to obtain clearance certificate on completion

298(1)

Asbestos removal licence holder to notify the Authority of asbestos removal work

298(3)

Asbestos removal licence holder to give copy of notice of asbestos removal work to person who commissioned the work

313(1)

Employer to obtain summary of results of medical examination of a person engaged in certain asbestos-related activities

313(2)

Employer to keep summary of results of medical examination of a person engaged in certain asbestos-related activities

314(1)

Employer carrying out asbestos-related activity to ensure personal protective equipment is decontaminated or contained before removal from the work area

314(2)

Employer carrying out asbestos-related activity to ensure equipment (other than personal protective equipment) is decontaminated or contained before removal from the work area

319K(1)

Employer or self-employed person who conducts risk assessment for crystalline silica process or combination of crystalline silica processes to make record

319K(2)

Employer or self-employed person to keep record of risk assessment for crystalline silica process or combination of crystalline silica processes

319N

Employer to keep copy of crystalline silica hazard control statement

319ZA(1)

Supplier of engineered stone not to supply engineered stone to person who requires engineered stone licence and does not hold that licence

319ZA(2)

Supplier of engineered stone to record certain information about person to whom engineered stone is supplied and the name and quantity of engineered stone supplied

319ZA(3)

Supplier of engineered stone to keep record for certain period

319ZE(1)

Engineered stone licence holder to provide Authority with a copy of health monitoring reports and atmospheric monitoring results

329

Employer or self-employed person to keep copy of safe work method statement

334(1)

Principal contractor to display signage at workplace where construction work performed

337(1)

Principal contractor to keep health and safety co-ordination plan available for inspection

352

Person to keep construction induction card available for inspection

355(1)

Person to keep construction induction card available for inspection

370

Operator of a major hazard facility to keep safety assessment documentation available for inspection

373

Operator of a major hazard facility to keep safety management system available for inspection

412(2)

Operator of a mine to ensure report of health monitoring is prepared

412(3)

Operator of a mine to obtain copy of health monitoring report

419

Operator of a prescribed mine to keep safety management system available for inspection

422

Operator of a prescribed mine to keep safety assessment documentation available for inspection

433(4)

Operator of a prescribed mine to keep emergency plan available for inspection

438

Operator of a prescribed mine to keep plan of mine available for inspection

474

Licence holder to comply with terms and conditions of licence

476(1)

Licence holder to keep evidence of high risk work licence available for inspection

476(2)

Licence holder to keep evidence of licence other than high risk work licence available for inspection

544(3)

Person to comply with terms and conditions of an exemption

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