Infringement Notices & Insurance
admin • May 26, 2025
Since 2021, WorkSafe has been given the power to serve infringement notices for certain breaches under the OHS Act and its regulations.
This means that WorkSafe Inspectors can issue on-the-spot fines in a similar way to a police officer who catches a person for speeding. The fines can be issued without the need to take the offender to court.
The fines issued for offences are up to about $2000 (depending on the offence).
Infringement notices are allowed to be used for certain offences, which broadly fall under 4 categories:
- undertaking work without a required licence, registration, qualification, experience or supervision
- using plant that is not licensed or registered as required
- failing to meet various duties relating to the removal and storage of asbestos
- failure to keep various required records
A full list of infringement offences can be found at:
Infringement offences | WorkSafe Victoria
In 2021, there were also changes to ensure that the payment of penalties under the OHS Act cannot be covered by insurance. It is illegal to hold such insurance, and it is also illegal to provide insurance for penalties under the OHS Act.
“The payment of a penalty cannot be covered by insurance. Any contract term or arrangement that claims to insure or indemnify a person for payment of a penalty under the OHS Act or regulations is void under section 148A of the OHS Act.” – WorkSafe Victoria
This means that the offender must pay the fine – not their insurer.
Elevated Work Platforms (EWP’s ) can take a number of forms including scissor lifts, vertical mast lifts and the various types of boom lifts/ cherry pickers. But no-matter which type, EWP’s are notorious - being responsible for deaths and injuries in the workplace. Recently in Victoria, there was a tragic incident which resulted in the death of an employee. The use of an EWP can expose an operator to multiple hazards, including: Electrical Crushing Falls Overturning Water Falling objects Collision Environmental hazards All people who are involved in the use of an EWP must be trained, competent and supervised. This includes the operator and the observer or spotter. For boom type EWP’s, a High Risk Work License (HRWL) is also required. Electrical Spotters training is also required if the EWP will be operated in an area where there are power lines. Use of EWP’s which classify as High Risk Construction Work will also require work to be conducted in accordance with a Safe Work Method Statement (SWMS). The use of harnesses may also be required and training in their use must be provided. Inspections and maintenance of the EWP must be undertaken, including pre-start checklists and procedures. There must be emergency procedures in place, including training in these procedures. Above all, a person operating an EWP must never work alone. When planning to use an EWP - The same principles apply as with all OHS matters – That is, that hazards must be identified and controlled, in line with the hierarchy of control. The employer has a duty to use the highest order control to protect their workers from harm. For more information on the use of Elevated Work Platforms, visit: Elevating-work-platforms-edition-4-2023-06.pdf or contact BeSafe Victoria HSR Training and support | BeSafe | Regional Victoria
Section 38 of the Occupational Health and Safety Act 2004 imposes a legal duty on employers to notify of incidents: "An employer or self-employed person must not, without reasonable excuse, fail to notify the Authority immediately after becoming aware that an incident has occurred at a workplace under the management and control of the employer or self-employed person. s38(1) The employer must notify immediately by calling WorkSafe by calling 13 23 60, at which time they will be given a reference number. Thie reference number serves as proof that the employer did immediately notify the regulator." s38 The employer must fill out an incident notification form (found at Incident notification form | WorkSafe Victoria ) and this form must be submitted within 48 hours of the incident occurring. Failure to notify is a breach of legal duty and the offence can result in prosecution. It is also a legal duty for the employer to preserve the site of the incident. Failure to preserve the scene is an indictable offence under section 39 of the OHS Act. So, what classifies as a notifiable incident? Any of the following: 1. Death 2. Exposure to a substance resulting in a need for medical treatment within 48 hours 3. Any incident resulting in the need for immediate in-patient hospital treatment 4. Any incident result in the need for immediate medical treatment for any of the injuries listed: a. Amputation b. Serious head injury c. Serious eye injury d. Removal of skin (eg: scalping, degloving) e. Electric shock f. Spinal injury g. Loss of bodily function h. Serious lacerations (ie: requiring stitching or other medical treatment) 5. Any incident through which a person is at serious risk as a result of exposure to an: a. Uncontrolled escape, spillage, or leakage of a substance b. Implosion, explosion or fire c. Electric shock d. Fall or release from height of any plant, substance or thing e. Incident involving plant (collapse, overturning, failure or malfunction) as per OHS Regulations f. Collapse or failure of an excavation or mine (or of any shoring support) g. In-rush of water, mud or gas into an excavation, tunnel or mine h. Interruption of ventilation in a mine, excavation or tunnel i. Any incident involving dangerous goods or explosives WorkSafe has a straightforward guide on the process here: Report an incident | WorkSafe Victoria Don’t forget that as Health and Safety representative, you have the right to access information in relation to incidents which affect your DWG. For more information on this topic, take a look at previous articles relating to relating to HSR’s entitlements to access information: HSR Training & Workplace Safety | BeSafe | Reg. Vic. For more detail on this, visit Obligations of an employer to health and safety representatives | WorkSafe Victoria As always, you are welcome to get in touch with us for a chat HSR Training and support | BeSafe | Regional Victoria
