Can we be prosecuted for a breach of the Work Health and Safety Act after a workplace incident even if no one is injured in the incident?
You can be prosecuted for failing to maintain a safe workplace even when no injury occurred.
The breach of the duty exists in the failure to eliminate a risk or hazard if it was reasonably practicable to do so.
The regulator is more likely to prosecute you for a breach of a health and safety duty, despite no injury resulting from the breach, if:
- the hazard or risk was particularly obvious, and there were simple controls that could have been put in place to prevent it;
- it is not your first offence;
- you have ignored past warnings, e.g. improvement and prohibition notices; or
- the regulator detects other hazards in the workplace.