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.
New electrical apprentice supervision requirements come into effect in Victoria on September 1 st 2025. It is the role of employer to supervise their apprentices, and this is vital to ensuring their safety in all industries - including electrical apprentices. There have been 5 electrical apprentice deaths in the last 10 years in Victoria alone. It is hoped that the new changes will improve safety and make an impact to prevent electrocution fatalities. The new apprentice supervision requirements will bring Victoria alignment with other states, and the changes include supervision rations and the level of supervision required when an apprentice is undertaking certain tasks. It is now mandatory for the employer to provide any person who is in a supervisory role with a copy of the supervision requirements. These requirements apply to supervision standards only while doing electrical work. The usual OHS standards apply when the apprentice is undertaking other non-electrical work on-site – keeping in mind that the OHS Act does include requirements around supervision also. The new apprentice supervision requirements mandate direct 1:1 supervision when carrying out electrical work. This means 1 supervisor to 1 apprentice and with constant visual contact when carrying out high risk tasks. It is no longer good enough to supervise 2 apprentices at once, or to be ‘within earshot’. There is a grading system for how much supervision is required, which depends on the experience of the apprentice and the tasks being undertaken. For example, 1 st year apprentices must be under 1:1 supervision at all times but will move to reduced supervision as they gain experience throughout their apprenticeship. However, high risk tasks will always require direct 1:1 visual supervision. Work on or near any live or energised equipment must not be performed by any apprentice. However, a fourth-year apprentice may perform fault finding – but only under direct 1:1 supervision. There are very prescriptive requirements which are now in place and must be followed. These changed requirements are intended to ensure the safety of the electrical industry’s most vulnerable workers. For more information, have a look at the video below, or take a look at: Requirements for the effective supervision of apprentice electricians | Energy Safe Victoria
School Education is an industry with specific OHS challenges. In fact, The Department of Education has been flagged as one of the highest risk government employers and the Government sector has been announced as one of 5 key industries of focus for WorkSafe in reducing workplace harm. Government-health-safety-strategic-approach-2025-08.pdf OHS Law requires that educational institutions of all types adhere with their legal obligations – and this includes schools. Schools are not just places of learning—they are workplaces for staff and environments where students spend much of their time. Ensuring safety and well-being through Occupational Health and Safety (OHS) is not only a legal requirement, but is also essential for fostering a positive workplace culture. The employer has a duty to provide a safe workplace to its’ employees, and also to the students and members of the public. Part of meeting safety obligations means effectively consulting with their employees on matters relating to safety. The best way for safety matters to be effectively communicated is through proper consultation arrangements. This includes: · The establishment of Designated Work Groups (DWG) · Electing Health and Safety Representatives · The establishment of Health and Safety Committees Don’t forget that effective consultation is a legal requirement under The OHS Act and that employers are required to set up DWGs if requested by a worker. They are also required to assist with how HSR’s will be elected for each DWG. If an HSR then asks for an HSC to be established, the employer has 3 months to do so. (For more information, see Part 7 of the OHS Act.) Also, don’t forget that HSRs have a right to attend HSR training at a provider of their choice! HSR Training Courses | BeSafe | Regional Victoria Key OHS Risks in schools may include: · Hazardous manual handling · Work-related stress, violence, harassment and bullying · Slips, trips and falls · Plant and equipment · Hazardous substances and dangerous goods · Additional risks associated with school excursions and camps While there are specific hazards and risks in the school workplace which need to be addressed, all of the usual obligations and duties under the OHS Act apply. WorkSafe Victoria has some guidance material relating to OHS in Schools which can be found at: Occupational Health and Safety (OHS) in schools: A practical guide for school leaders | WorkSafe Victoria Additional resources can also be found here: Education Websites & information - OHS Reps As always, BeSafe Victoria are happy to help – so give us a call and we can help to point you in the right direction: HSR Training and support | BeSafe | Regional Victoria
