Home - Are we liable for an incident where no injury results?
August 04, 2022 on chapter Prosecution

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.
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