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Seneca

Fact Sheet

  • OHS acts and regulations throughout Australia are enforceable law
  • No company, regardless of size is exempt from the law
  • Individuals are subject to convictions with fines, as example NSW up to 85,000 dollars
  • Individuals must pay the fine on their own without company support
  • Companies are subject to convictions with fines, as example NSW up to 825,000 dollars
  • In addition, either an individual or Company director is subject to a jail term of up to two years
  • There is no insurance available to manage the company's or individual's risk
  • Owners/Employers or Controllers of the workplace are responsible for the safe work practices of their employees
  • Contractors having received a work order/purchase order/verbal order, are deemed(by law) to be employees of the owner/employer or controller of the workplace for the period of time that they are employed by the owner/employer or controller of the workplace
  • The High Court(NSW) in June 2005 ruled that the above point applies to "that remote species of sub contractors"
  • The owner/employer/controller of the workplace/contractor or subcontractor is in all cases jointly and severally responsible under "OHS LAW"

The company and any individual involved are considered guilty until each can prove they had taken "all reasonable steps to assure safety"

 


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