Definitions of the OHS Act
Authorised representative
means a registered employee organisation means a person who holds an entry permit issued under Part 8 of the OHS Act.
Employee
means a person employed under a contract of employment or training. It also includes labour hire workers. Independent contractors and their employees may be considered employee.
Employer
means a person who employs one or more other persons under contracts of employment or contracts of training. It includes an employer who provides or uses a worker under a labour hire service, except in some circumstances under regulations.
Health
includes psychological health (as well as physical health).
Negligent
means action or inaction that involves a great falling-short of the standard of care that a reasonable person would have taken in the circumstances and the OHS Actions or inactions have a high risk of death, serious injury or serious illness.
Officer
of a body corporate, an unincorporated body or association or a partnership has the same meaning given by Section 9 of the Corporations Act 2001 (except in Part 8 of the OHS Act).
Person
includes a body corporate, an unincorporated body or association and a partnership.
Place
includes a car, truck, ship, boat, aeroplane and any other vehicle.
Plant
includes:
- any machinery, equipment, appliance, implement and tool
- any part of any of those things
- anything fitted, attached or related to any of those things.
Registered employee organisation
means an organisation, of which some or all of the members are employees, that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.
Self-employed person
means a person, except an employer, who works for gain or reward that is not under a contract of employment or training.
Substance
means any natural or artificial substance, in solid, liquid, gas or vapour form.
Volunteer
means a person who is doing unpaid work (even if they have their out-of-pocket expenses repaid).
Worker
has the same meaning as in the Labour Hire Licensing Act 2018.
Workplace
means a place, which does not have to be in a building or structure, where employees or self-employed persons work.
Other helpful definitions
These terms are not defined in the OHS Act. We have included their meaning below to help you understand them.
Building or structure
does not just mean a whole building or structure but includes any part of it too, including unfinished buildings or structures.
Indictable offence
means a serious offence that is tried by a judge and jury.
Penalty units
are used to define the amount payable for fines for many offences. The rate for penalty units is indexed each financial year so that it keeps up with inflation. Any change to the value of a penalty unit will happen on 1 July each year.
Summary offence
means an offence that can be heard and decided by a magistrate.
Indictable offence triable summarily
means a serious offence that an accused can choose to have tried by a magistrate.
Abbreviations
ARREO
Authorised representative of a registered employee organisation.
DPP
Department of Public Prosecutions.
DWG
Designated work group
HSR
Health and safety representative
OHS
Occupational health and safety
OHSAC
Occupational Health and Safety Advisory Committee
PIN
Provisional improvement notice
PUs
Penalty units
REO
Registered employee organisation
VCAT
Victorian Civil and Administrative Tribunal
WICC
Workplace Incidents Consultative Committee
Table of penalties
Section (Click to sort descending) | Offence (Click to clear sorting) | Max penalty (Click to clear sorting) | Type of offence (Click to clear sorting) |
|---|---|---|---|
69(2) | An employer allows an HSR access an identified employee’s medical information without the employee’s consent. | 60 PUs – person 300 PUs – body corporate | Summary |
9(2) | A person refuses or does not give information or a document to WorkSafe. | 60 PUs – person 300 PUs – body corporate | Summary |
10(2) | A person copies or shares information, or uses information outside of its intended use. | 100 PUs | Summary |
16(3) | A person breaches an undertaking. | 500 PUs – person 2500 PUs – body corporate | Summary |
21(1) | An employer does not provide a safe working environment for employees. | 1800 PUs – person 9000 PUs – body corporate | Indictable offence triable summarily |
22(1) | An employer does not monitor health and conditions at the workplace and to provide health and safety information. | 240 PUs – person 1200 PUs – body corporate | Summary |
22(2) | An employer does not take and keep records of employee health and safety. | 60 PUs – person 300 PUs – body corporate | Summary |
23(1) | An employer does not ensure that the conduct of their business does not expose people who are not employees to health and safety risks. | 1800 PUs – person 9000 PUs – body corporate | Indictable offence triable summarily |
24(1) | A self-employed person does not ensure that the conduct of their business does not expose people to health and safety risks. | 1800 PUs | Indictable offence triable summarily |
25(1) | An employee does not take care of their own health and safety or that of others affected by their work, or does not cooperate with their employer. | 1800 PUs | Indictable offence triable summarily |
25(2) | An employee intentionally or recklessly interferes with or misuses anything at work with regards to health and safety. | 1800 PUs | Indictable offence triable summarily |
26(1) | A person who manages or controls a workplace does not ensure the workplace is safe. | 1800 PUs – person 9000 PUs – body corporate | Indictable offence triable summarily |
27(1) | A designer of plant does not ensure it is designed to be safe or carry out testing to ensure safe design, or does not give appropriate information to design recipients and, on request, the intended plant users. | 1800 PUs – person 9000 PUs – body corporate | Indictable offence triable summarily |
28(1) | A designer of a building or structure to be used as a workplace does not ensure it is designed to be safe. | 500 PUs – person 2500 PUs – body corporate | Indictable offence triable summarily |
29(1) | A manufacturer of plant or substance does not ensure it is manufactured to be safe or carry out testing to ensure it is safe; or does not give appropriate information to plant/substance recipients and, on request, the intended plant/substance users. | 1800 PUs – person 9000 PUs – body corporate | Indictable offence triable summarily |
30(1) | A supplier of plant or substance does not ensure that the supplied plant/ substance is safe or give appropriate information to plant/ substance recipients and the intended plant/substance users . | 1800 PUs – person 9000 PUs – body corporate | Indictable offence triable summarily |
31(1) | A person who installs, erects or commissions plant and does not ensure that it is safe and without risks to health . | 1800 PUs – person 9000 PUs – body corporate | Indictable offence triable summarily |
32 | A person recklessly endangers a person/s at a workplace. | 1800 PUs or 5 years imprisonment (or both) – person 20,000 PUs – body corporate | Indictable offence triable summarily |
35(6) | An employer does not consult with employees regarding health and safety issues in the workplace . | 180 PUs – person 900 PUs – body corporate | Summary |
35A | One or more people who have a duty to the same worker do not consult, co-operate and co-ordinate activities with each other person who has a duty to the same worker. | 180 PUs – person 900 PUs – body corporate | Summary |
38(5) | An employer/self-employed person does not notify WorkSafe immediately, and later in writing, of an incident that happened at a workplace, or does not keep a record of the incident. | 240 PUs – person 1200 PUs – body corporate | Indictable offence triable summarily |
39(1) | An employer/self-employed person does not preserve an incident site until an inspector directs otherwise. | 240 PUs – person 1200 PUs – body corporate | Indictable offence triable summarily |
39G(1) | A person (except a volunteer) does something that is negligent, is a breach of a duty to a person and causes the death of that person. | Imprisonment for 25 years – person 100,000 PUs – body corporate | Indictable only |
39G(2) | A person who is an officer of an applicable entity (except a volunteer) does something that is negligent, is a breach of a duty to a person and causes the death of that person | Imprisonment for 25 years | Indictable only |
40(1) | An employer/self-employed person conducts an undertaking at a workplace, without the appropriate license or registration. | 500 PUs – person 2500 PUs – body corporate | Indictable offence triable summarily |
40(2) | A person uses plant at a workplace without the appropriate licensing or registration. | 100 PUs – person 500 PUs – body corporate | Summary (infringement offence) |
40(3) | A person uses a substance at a workplace without the appropriate licensing or registration. | 100 PUs – person 500 PUs – body corporate | Summary (infringement offence) |
40(4) | A person works or does an activity at a workplace without having the required license or registration | 100 PUs – person 500 PUs – body corporate | Summary (infringement offence) |
41 | A person works or does an activity at a workplace without having (or being under the supervision of a person who has) the required qualifications or experience. | 100 PUs – person 500 PUs – body corporate | Summary (infringement offence) |
42 | A person works or does an activity at a workplace without having the required permit or certificate of competency. | 100 PUs – person 500 PUs – body corporate | Summary |
43(3) | An employer does not ensure that negotiations start within 14 days of an employee asking for a DWG to be created. | 10 PUs – person 50 PUs – body corporate | Summary |
44(2) | An employer does not give written notice to employees to create an agreed DWG. | 10 PUs – person 50 PUs – body corporate | Summary |
44(4) | An employer does not give written notice to employees to vary a DWG. | 10 PUs – person 50 PUs – body corporate | Summary |
48(2) | An employer does not give written notice to employees to create an agreed DWG of multiple employers. | 10 PUs – person 50 PUs – body corporate | Summary |
48(4) | An employer does not give written notice to employees to vary a DWG of multiple employers. | 10 PUs – person 50 PUs – body corporate | Summary |
53(1) | A person coerces or attempts to coerce another person about a DWG. | 60 PUs – person 300 PUs – body corporate | Summary |
60(4) | A person who was issued with a PIN does not bring it to the attention of the employer or other people affected by the notice. | 5 PUs – person 25 PUs – body corporate | Summary |
62(1) | A person does not comply with a PIN (where an inspector has not been required). | 500 PUs – person 2500 PUs – body corporate | Indictable offence triable summarily |
63(6) | A person does not comply with a PIN that is affirmed by an inspector. | 500 PUs – person 2500 PUs – body corporate | Indictable offence triable summarily |
67(7) | An employer does not allow a HSR attend a prescribed training course. | 60 PUs – person 300 PUs – body corporate | Summary |
69(1) | An employer does not allow an HSR access information about hazards and employee safety, allow an HSR attend interviews about OHS, allow an HSR have time off with pay, as needed, or does not help a HSR as needed to do their role. | 60 PUs – person 300 PUs – body corporate | Summary (infringement offence) |
71 | An employer does not update or display a list of HSRs for each DWG. | 5 PUs – person 25 PUs – body corporate | Summary |
72(1) | An employer does not start a health and safety committee within 3 months of a request or as required by the regulations. | 10 PUs – person 50 PUs – body corporate | Summary |
73(2) | An employer does not ensure that they provide a suitable representative to resolve health and safety issues with employees. | 60 PUs – person 300 PUs – body corporate | Summary |
76(4) | An employer (or potential employer) discriminates against a HSR, someone helping with a health and safety issue, or someone who raises a health and safety issue. | 500 PUs – person 2500 PUs – body corporate | Indictable offence triable summarily |
91 | An ARREO intentionally hinders, obstructs, intimidates or threatens an employer/employee or discloses information or uses powers except to look into a suspected breach of the OHS Act. | 60 PUs | Summary |
93 | A person intentionally hinders, obstructs, intimidates, threatens or refuses entry to an ARREO. | 60 PUs – person 300 PUs – body corporate | Summary |
94 | A person impersonates an ARREO. | 60 PUs | Summary |
100(2) | A person refuses to produce documents or answer questions for an inspector. | 60 PUs – person 300 PUs – body corporate | Summary |
108(3) | An owner breaches the terms and conditions on the return of seized things. | 60 PUs – person 300 PUs – body corporate | Summary |
110(4) | A person breaches a non-disturbance notice. | 500 PUs – person 2500 PUs – body corporate | Indictable offence triable summarily |
111(4) | A person breaches an improvement notice. | 500 PUs – person 2500 PUs – body corporate | Indictable offence triable summarily |
112(5) | A person breaches a prohibition notice. | 500 PUs – person 2500 PUs – body corporate | Indictable offence triable summarily |
115(2) | A person who was issued with a non-disturbance notice does not give a copy to the employer and the HSR, nor bring the notice to the attention of other people affected by it. | 5 PUs – person 25 PUs – body corporate | Summary |
119(3) | A person refuses to give an inspector their name or address. | 5 PUs | Summary |
120(2) | A person does not comply with an inspector’s direction. | 500 PUs – person 2500 PUs – body corporate | Indictable offence triable summarily |
121 | An occupier, employer or employee does not help an inspector as required. | 60 PUs – person 300 PUs – body corporate | Summary |
122(2) | An occupier or employer does not allow an inspector access a workplace. | 60 PUs – person 300 PUs – body corporate | Summary |
125(1) | A person intentionally hinders or obstructs an inspector, conceals persons or plant from an inspector or stops another person from helping an inspector. | 60 PUs – person 300 PUs – body corporate | Summary |
125(2) | A person assaults, intimidates or threatens an inspector or a person helping an inspector. | 2 years imprisonment or 240 PUs or both – person 1200 PUs – body corporate | Summary |
126 | A person impersonates an inspector. | 60 PUs | Summary |
139(2) | A person commits an offence and is served an infringement notice. | 10 PUs or 1/5 of the max penalty a court could impose | Infringement offences Summary |
144 | An officer of a body corporate who has breached the OHS Act or regulations by not taking reasonable care. | For s39G(1) – 10,000 PUs Fine for the breach that is not more than the max. fine for a person | Indictable, summary, or indictable triable summarily |
148B(1) | A person must not enter into a contract or other arrangement that purports to insure or indemnify a person under the OHS Act or regulations. | 300 PUs – person 1500 PUs – body corporate | Indictable offence triable summarily |
148B(3) | A person must not receive a benefit under a term of a contract or other arrangement that purports to insure or indemnify a person under the OHS Act or regulations. | 300 PUs – person 1500 PUs – body corporate | Indictable offence triable summarily |
148B(4) | A person must not provide a benefit under a term of a contract or other arrangement that purports to insure or indemnify a person under the OHS Act or regulations. | 300 PUs – person 1500 PUs – body corporate | Indictable offence triable summarily |
151A(6) | A non-WorkCover employer does not give WorkSafe the information it needs to work out how much they need to contribute to the WorkCover Authority Fund. | 1 PU per day – person 5 PUs per day – body corporate | Summary |
151B(2) | A non-WorkCover employer does not give WorkSafe the information required under section 151B(1). | 1 PU per day – person 5 PUs per day – body corporate | Summary |
151C(2) | A non-WorkCover employer does not give WorkSafe the information required under section 151C(1). | 1 PU per day – person 5 PUs per day – body corporate | Summary |
151D(2) | A non-WorkCover employer does not give WorkSafe the information required under section 151D(1). | 1 PU per day – person 5 PUs per day – body corporate | Summary |
151E(2) | A non-WorkCover employer does not give WorkSafe the information required under section 151E(1). | 1 PU per day – person 5 PUs per day – body corporate | Summary |
153(1) | A person gives WorkSafe information that they know is false or misleading. | 240 PUs – person 1200 PUs – body corporate | Indictable offence triable summarily |
153(2) | A person gives WorkSafe a document that they know is fake or misleading. | 240 PUs – person 1200 PUs – body corporate | Indictable offence triable summarily |
Contact WorkSafe
WorkSafe Advisory
WorkSafe's advisory service is available between 7:30am and 6:30pm Monday to Friday. If you need more support, you can also contact WorkSafe using the Translating and Interpreting Service (TIS National) or the National Relay Service.
