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Schedule of on-the-spot fines

Workplace Health and Safety Act 1995

Housekeeping
Excavations
Work at heights
Falling objects
Asbestos

Workplace Health and Safety Regulation 2008

Plant registration and design registration
Training and certificates for high risk work licences and earthmoving or particular crane certificates and prescribed activities
Notifiable building/construction work
Injuries, illnesses and dangerous events
Hazardous substances for construction work where Principal Contractor is required
Hazardous substances
Lead
Construction safety plans and work method statements
Construction induction
Amenities
Workplace access

Workplace Health and Safety Act 1995

New Code

Section

Offence Description

Penalty

Units

Penalty Amount

2201

117(4)

Failed to comply with improvement notice.

5(I)

20(C)

$500

$2000

2202

93(1)

Employer failed to appoint health and safety officer.

2(I)

4(C)

$200

$400

2203

94(1)

Principal contractor failed to appoint health and safety officer.

2(I)

4(C)

$200

$400

Housekeeping

2210

24(1)

Principal contractor failed to meet obligation about safe housekeeping practices – R 277(1).

4 (I)

8 (C)

$400

$800

Excavations

2220

24(1)

Principal contractor failed to meet obligations for underground services before work started – R 280(2).

4 (I)

8 (C)

$400

$800

2221

24(1)

Relevant person commenced work without obtaining information from PC about underground services at a workplace where a PC is required– R 306(2).

4 (I)

8 (C)

$400

$800

2222

24(1)

Relevant person failed to implement control measures for underground services at a workplace where a PC is required – R306(3).

8 (I)

16 (C)

$800

$1600

2223

24(1)

Relevant person commenced work without obtaining and reviewing information from appropriate sources about underground services at a workplace where a PC is not required – R 307(2).

4 (I)

8 (C)

$400

$800

2224

24(1)

Relevant person failed to implement control measures for underground services at a workplace where a PC is not required – R 307(3).

8(I)

16 (C)

$800

$1600

2230

24(1)

Relevant person failed to identify hazards, assess the risks and decide on appropriate controls for excavation work or work in an excavation. – R311(2)

8(I)

16(C)

$800

$1600

2225

24(1)

Relevant person failed to use and maintain control measures for the risks of excavation work or work in an excavation. – R 311(3).

8 (I)

16 (C)

$800

$1600

2229

24(1)

Relevant person failed to erect a barricade at least 900 mm high to restrict access by a person to a trench at least 1 m deep – R 312(2).

4 (I)

8 (C)

$400

$800

Work at heights

2240

24(1)

Relevant person failed to implement control measures before work starts to prevent a person falling or to safely arrest a person’s fall – R 318(3).

8 (I)

16 (C)

$800

$1600

2241

24(1)

Relevant person failed to ensure there is enough distance available for a person using a fall-arrest harness system – R 323(7).

8 (I)

16 (C)

$800

$1600

2242

24(1)

Relevant person used, or allowed worker to use, a ladder to gain access to a place in way other than that prescribed, or for work that is not permitted work – R 325(2).

4 (I)

8 (C)

$400

$800

2243

24(1)

Relevant person used, or allowed worker to use, a single or extension ladder in a way other than that prescribed where person can fall 2m/3 m – R 326(4)

8 (I)

16 (C)

$800

$1600

2250

24(1)

Relevant person failed to secure each trestle ladder – R 328(3).

8 (I)

16 (C)

$800

$1600

2251

24(1)

Relevant person failed to erect edge protection along outer edge of platform – R 328(3).

8 (I)

16 (C)

$800

$1600

2252

24(1)

Relevant person failed to implement a control measure to prevent or minimise exposure to the risk of falling off the inner edge of the platform where the gap between the inner edge and face of building or other structure is over 225mm. – R 328(3).

8 (I)

16 (C)

$800

$1600

2253

24(1)

Relevant person failed to implement a control measure to prevent or minimise exposure to the risk of falling off the ends of the platform – R 328(3).

8 (I)

16 (C)

$800

$1600

2246

24(1)

Relevant person failed to ensure platform supported by trestle ladders has unobstructed surface of at least 450 mm and is not higher than 5 m when doing housing construction work – R 329(5).

8 (I)

16 (C)

$800

$1600

2247

24(1)

Relevant person failed to ensure platform supported by trestle ladders has unobstructed surface of at least 450 mm and is not higher than 5 m when doing work other than housing construction work – R 329(5).

8 (I)

16 (C)

$800

$1600

2248

24(1)

Relevant person erected, or allowed worker to erect scaffolding when person could fall 2 m/3 m without prescribed control measure – R 331(2).

8 (I)

16 (C)

$800

$1600

2249

24(1)

Relevant person dismantled, or allowed worker to dismantle scaffolding when a person could fall 2 m/3 m without prescribed control measure – R 332(2).

8 (I)

16 (C)

$800

$1600

Falling objects

2260

24(1)

Principal contractor failed to ensure a prescribed control measure is in place along proposed line before work starts – R 284(3).

8(I)

16 (C)

$800

$1600

2261

24(1)

Principal contractor failed to implement additional control measure as prescribed if the measured angle is 75 O or more before construction work starts – R 285(3).

8 (I)

16 (C)

$800

$1600

2262

24(1)

Principal contractor failed to implement a control measure before lifting a load over an adjoining area – R 290(3).

8 (I)

16 (C)

$800

$1600

2263

24(1)

Relevant person failed to implement additional control measure as prescribed if the measured angle is 75вк or more before work starts. - R 334(1)

8(I)

16(C)

$800

$1600

2264

24(1)

Relevant person failed to ensure a prescribed control measure is in place along proposed line before work starts at a workplace where a principal contractor is not required. - R 334(1)

8(I)

16(C)

$800

$1600

2265

24(1)

Relevant person failed to implement a control measure before lifting a load over an adjoining area. - R 334(1)

8(I)

16(C)

$800

$1600

Asbestos

2270

24(1)

Relevant person used a prohibited substance or prohibited ACM for a prohibited purpose – R 141(1)

8(I)

16(C)

$800

$1600

2271

24(1)

Relevant person allowed worker to use a prohibited substance or prohibited ACM for a prohibited purpose – R 141(2)

8(I)

16(C)

$800

$1600

2272

24(1)

Relevant person failed to comply with the Asbestos Management Code when performing work on ACM – R 142(1)

8(I)

16(C)

$800

$1600

2273

24(1)

A relevant person allowed worker to perform work on ACM without complying with the Asbestos Management Code – R 142(2)

8(I)

16(C)

$800

$1600

2274

24(1)

Relevant person failed to comply with Asbestos Removal Code when removing ACM. R 146(1)

8(I)

16(C)

$800

$1600

2275

24(1)

Relevant person allowed worker to remove ACM without complying with Asbestos Removal Code – R 146(3)

8(I)

16(C)

$800

$1600

2276

24(1)

Relevant person used a prohibited method to clean ACM – R 143(1)

8(I)

16(C)

$800

$1600

2277

24(1)

Relevant person allowed worker to use a prohibited method to clean ACM – R 143(2)

8(I)

16(C)

$800

$1600

2279

24(1)

Owner of structure or part failed to comply with Asbestos Management Code – R 145(1)

8(I)

16(C)

$800

$1600

2281

24(1)

Relevant person failed to remove ACM in accordance with the Asbestos Removal Code. – R 146(1)

8(I)

16(C)

$800

$1600

2282

24(1)

Relevant person failed to remove ACM from a domestic, residential building in accordance with the Asbestos Removal Code. – R 146(2)

8(I)

16(C)

$800

$1600


Workplace Health and Safety Regulation 2008

New Code

New Reg. No

Offence Description

Penalty Units

Penalty Amount

 Plant registration and design registration

1400

6

Use of registrable plant before registration.

2(I)

4(C)

$200

$400

1401

8

Fail to notify of change of plant ownership as prescribed.

2(I)

4(C)

$200

$400

1402

12(1)

Relevant person installed or used plant mentioned in schedule 4 that was not design registered.

2(I)

4(C)

$200

$400

1403

12(2)

Relevant person allowed worker to install or use plant mentioned in schedule 4 that was not design registered.

2(I)

4(C)

$200

$400

1404

12(3)

Owner of specified high risk plant installed or used, or allowed someone else to install or use, specified high risk plant that was not design registered.

2(I)

4(C)

$200

$400

1405

12(6)

Failed to provide a certificate of registration of plant design to the chief executive within 10 days of receiving notice.

1(I)

2(C)

$100

$200

1406

14(1)

Certificate holder failed to provide certificate number to the manufacturer and supplier of the plant.

2(I)

4(C)

$200

$400

1407

14(2)

Manufacturer or supplier of plant failed to give certificate number to each person who the manufacturer or supplier supplies plant.

2(I)

4(C)

$200

$400

1408

15(1)

Supplier of plant mentioned in schedule 4 failed to mark the plant with the certificate number for plant design registration.

2(I)

4(C)

$200

$400

1409

15(2)

Relevant person failed to ensure that the certificate number for plant design registration was permanently marked on the plant.

2(I)

4(C)

$200

$400

1410

15(4)

Owner of specified high risk plant mentioned in 15 failed to ensure that the certificate number for plant design registration was permanently marked on the plant.

2(I)

4(C)

$200

$400

1411

103(1)

Applicant for a certificate of plant design registration allowed the designer of plant to verify the designer’s own plant design.

2(I)

4(C)

$200

$400

1412

103(2)

Designer of plant verified their own plant design.

2(I)

4(C)

$200

$400

1413

105(3)

Failed to give chief executive information mentioned in 104 within 28 days of requiring the information.

2(I)

4(C)

$200

$400

 Training and certificates for high risk work licences and earthmoving or particular crane certificates and prescribed activities

1450

18(1)

Employer must not employ or allow a worker to perform high risk work unless appropriately authorised.

2(I)

4(C)

$200

$400

1451

18(2)

Person must not perform high risk work unless the person has appropriate authority to perform such work.

2(I)

$200

1452

23

High risk work licence holder must notify chief executive of address change within 14 days.

1(I)

$100

1453

25(1)

An employer must not employ or allow a worker to perform work in an earthmoving or particular crane occupation without appropriate authority.

2(I)

4(C)

$200

$400

1454

25(2)

A person must not perform work in an earthmoving or particular crane occupation without appropriate authority.

2(I)

$200

1455

32(1)

A trainee’s employer must ensure the trainee is being trained to achieve the set standard and is being supervised appropriately and keeps a training record.

2(I)

2(C)

$200

$200

1456

32(2)

A trainee’s employer must keep a written record of a trainee’s formal and informal learning, progress of that learning, the extent of the informal learning, including the reasons for that decision and the name and qualifications of the training supervisor.

2(I)

2(C)

$200

$200

1457

34

The trainee’s supervisor must supervise the trainee when performing high risk work or work in an earthmoving or particular crane occupation unless the circumstances of a task make direct supervision impracticable or unnecessary and supervision is reduced.

2(I)

$200

1458

35

The trainee must keep a written training record that identifies the trainee and includes the scope of work performed, date performed, type of plant used, date training completed, supervisor’s name, supervisor’s licence or certificate number.

2(I)

$200

1459

36

The trainee’s supervisor must sign the trainee’s training record if the supervisor supervised the training and is satisfied the entry is correct.

2(I)

$200

1460

37(2)

The relevant person must ensure the worker is being supervised during the assessment by someone who holds a relevant licence or certificate.

2(I)

2(C)

$200

$200

1461

37(3)

The relevant person must make a written record that states the worker’s and employer’s name and address, unit of competency or class, start and finish date of assessment, plant to be used, employer’s licence or certificate number and worker’s progress.

2(I)

2(C)

$200

$200

1462

40(2)

The certificate or licence holder must take reasonable precautions and exercise reasonable diligence when performing work in relation to which the certificate or licence was granted.

4(I)

$400

1463

60(2)

After assessing the applicant’s competency the authorised accredited provider must make a record of the assessment and give a copy of it to the applicant.

2(I)

2(C)

$200

$200

1464

61(2)

The authorised accredited provider must, if required, give the record of assessment to the chief executive in writing or keep the record of assessment for at least 5 years

2(I)

4(C)

$200

$400

1465

62

Registered training organisation failed to ensure each person who trained and assessed competency of applicant for part 3, 3a or 4 complied with prescribed requirements

4(I)

8(C)

$400

$800

1466

63

A registered training organisation must not make a practical assessment of an applicant’s competency for part 3, 3A or 4 unless the applicant has a competent assessment result in the written assessment and assignment (if required).

2(I)

2(C)

$200

$200

1467

65

After a registered training organisation has assessed an applicant’s competency for part 3, 3A or 4 the organisation must make an assessment summary and a statement of attainment and issue both to the applicant.

2(I)

2(C)

$200

$200

1468

124(1)

Person failed to return suspended or cancelled certificate within timeframes.

2(I)

$200

1469

274

Principal contractor must not allow a person to perform high risk work, work in an earthmoving or particular crane occupation or work that is a prescribed activity unless the person is appropriately authorised.

2(I)

4(C)

$200

$400

 Notifiable building and construction work

1500

129(2)

Failed to file approved form with Authority or agent and pay appropriate fee.

3(I)

5(C)

$300

$500

 Injuries, illnesses and dangerous events

1551

134(2)

Failed to notify of “event” happening at a workplace.

2(I)

4(C)

$200

$400

1552

135(2)

Failed to make record of work caused illness or work injury.

2(I)

4(C)

$200

$400

1553

135(3)

Failed to make record of dangerous event.

2(I)

4(C)

$200

$400

 Hazardous substances for construction work where Principal Contractor is required

1600

305

Relevant person failed to give principal contractor notice of intention to use a hazardous substance and a copy of the MSDS.

3(I)

5(C)

$300

$500

1601

279(1)

Principal contractor failed to keep register of hazardous substances with information specified in s 279(2) & (3).

3(I)

5(C)

$300

$500

 Hazardous substances

1650

192(5)

Manufacturer/importer refused to disclose ingredient’s chemical name.

3(I)

5(C)

$300

$500

1651

195(3)

Supplier failed to provide copy of MSDS on request.

3(I)

5(C)

$300

$500

1652

204

Relevant person failed to record specific information after doing a risk assessment.

3(I)

5(C)

$300

$500

1653

206(3)

Relevant person failed to make a record of the monitoring result.

3(I)

5(C)

$300

$500

1654

207(5)

Relevant person who is an employer failed to pay for worker’s health surveillance.

3(I)

5(C)

$300

$500

1655

209(1)

Relevant person who is an employer failed to keep hazardous substances register at workplace.

3(I)

5(C)

$300

$500

1656

209(2)

Relevant person who is an employer failed to allow worker to inspect the hazardous substances register.

3(I)

5(C)

$300

$500

1657

210(2)

Relevant person who is employer failed to keep record of risk assessment that showed hazardous substance use does not cause significant degree of risk to health for 5 yrs

3(I)

5(C)

$300

$500

1658

210(4)

Failed to ask for and comply with chief executive’s directions about document storage when no longer relevant person.

3(I)

5(C)

$300

$500

1659

211(3)

Relevant person who is an employer failed to keep record of worker induction and training for 5 years.

3(I)

5(C)

$300

$500

 Lead

1700

227(2)

Supplier failed to provide copy of lead’s current MSDS on request.

3(I)

5(C)

$300

$500

1701

231(1)(a)

Failed to keep register of lead used in a lead process and MSDS at workplace.

3(I)

5(C)

$300

$500

1702

233(7)(b) (i)

Relevant person failed to notify chief executive that a process includes a lead-risk job in approved form within 28 days

2(I)

4(C)

$200

$400

1703

234

Relevant person failed to record specific information after doing a risk assessment on a lead process.

3(I)

5(C)

$300

$500

1704

236(1)(b)

Relevant person failed to make record of monitoring result for lead-risk job.

3(I)

5(C)

$300

$500

1705

237(4)(d)

Relevant person failed to notify chief executive of health surveillance results as prescribed.

3(I)

5(C)

$300

$500

1706

244(2)

Relevant person failed to keep record of risk assessment showing process does not include lead-risk job for 5 years.

3(I)

5(C)

$300

$500

1707

244(3)

Relevant person who is an employer failed to keep record of worker induction and training for 5 years.

3(I)

5(C)

$300

$500

1708

244(6)

Relevant person who stops being an employer failed to ask for and comply with chief executive’s directions about document storage when no longer a relevant person.

3(I)

5(C)

$300

$500

 Construction safety plans and work method statements

1750

263(1)

Principal contractor failed to ensure a construction safety plan is prepared before the start of construction work.

4 (I)

8 (C)

$400

$800

1751

270

Principal contractor allowed person to perform high risk construction activity that is a prescribed activity in a way that does not comply with the current work method statement

3(I)

5(C)

$300

$500

1752

294(1)

Relevant person failed to prepare a work method statement before start of high risk construction activity.

4 (I)

8 (C)

$400

$800

1753

297(1)

Relevant person performed high risk construction activity in a way that does not comply with the current work method statement.

3(I)

5(C)

$300

$500

1754

297(2)

Relevant person who is an employer allowed worker to perform high risk construction activity in a way that does not comply with the current work method statement.

3(I)

5(C)

$300

$500

Construction induction

1800

272(1)

Principal contractor allowed relevant person to start work without sighting general induction evidence.

1(I)

2(C)

$100

$200

1801

273(2)

Principal contractor allowed person to start construction work without site-specific induction for the workplace.

1(I)

2(C)

$100

$200

1802

273(5)

Principal contractor failed to ensure a record is made about site-specific induction.

1(I)

2(C)

$100

$200

1803

273(6)

Principal contractor failed to keep record of site-specific induction for duration of construction work.

1(I)

2(C)

$100

$200

1804

301

Relevant person failed to hold and show PC general induction evidence before start of construction work.

2/3(I)

1 1/3(C)

$65

$130

1805

302

Relevant person allowed worker to start construction work before sighting general induction evidence for the worker.

1(I)

2(C)

$100

$200

1806

337(1)

Worker failed to hold and show employer general induction evidence before start of construction work.

2/3(I)

$65

 Amenities

1850

292(2)

Principal Contractor failed to ensure amenities are maintained in a hygienic, safe and serviceable manner.

3(I)

5(C)

$300

$500

1851

346(1)

Relevant person who is an employer failed to ensure amenities are maintained in a hygienic, safe and serviceable manner.

3(I)

5(C)

$300

$500

1852

348(2)

Relevant person who is an employer failed to ensure atmospheric contaminants are at a level less than the national exposure standard.

3(I)

5(C)

$300

$500

1853

349(2)

Relevant person who is an employer has failed to ensure first aid equipment is reasonably accessible to the employer’s workers.

3(I)

5(C)

$300

$500

1854

349(4)

Relevant person who is an employer has failed to ensure first aid equipment is reasonably accessible to the employer.

3(I)

5(C)

$300

$500

1855

349(6)

Relevant person who is an employer has failed to ensure first aid equipment is maintained in a hygienic, safe and serviceable condition.

3(I)

5(C)

$300

$500

1856

335(1)

Relevant person performing construction work failed to ensure first aid equipment is reasonably accessible.

3(I)

5(C)

$300

$500

1857

335(3)

Relevant person performing construction work has failed to ensure first aid equipment is maintained in a hygienic, safe and serviceable condition.

3(I)

5(C)

$300

$500

1858

350

Relevant person who is an employer failed to ensure a trained first aid person is available to treat an injury to a rural industry worker

3(I)

5(C)

$300

$500

1859

Sch11, s2(1)

Principal Contractor has failed to ensure complying toilets are reasonably available.

3(I)

5(C)

$300

$500

1860

Sch11, s5(1)

Principal Contractor has failed to ensure complying meal/break area is reasonably available.

3(I)

5(C)

$300

$500

1861

Sch11, s6(1)

Principal Contractor has failed to ensure hand and face washing facilities are reasonably available.

3(I)

5(C)

$300

$500

1862

Sch11, s7(1)

Principal Contractor has failed to ensure adequate supply of drinking water is reasonably available.

3(I)

5(C)

$300

$500

1863

Sch12, s1(1)

Relevant person who is an employer in the rural industry has failed to ensure complying toilets are reasonably available.

3(I)

5(C)

$300

$500

1864

Sch12, s3(1)

Relevant person who is an employer in the rural industry has failed to ensure complying meal/break area is reasonably available.

3(I)

5(C)

$300

$500

1865

Sch12, s4

Relevant person who is an employer in the rural industry has failed to ensure hand and face washing facilities are reasonably available.

3(I)

5(C)

$300

$500

1866

Sch12, s5(1)

Relevant person who is an employer in the rural industry has failed to ensure drinking water is reasonably available.

3(I)

5(C)

$300

$500

1867

Sch13, s7(1)

Relevant person who is an employer has failed to ensure complying toilets are reasonably available in a class 1b building.

3(I)

5(C)

$300

$500

1868

Sch13, s8

Relevant person who is an employer has failed to ensure hand and face washing facilities are reasonably available in a class 1b building.

3(I)

5(C)

$300

$500

1869

Sch13, s10(1)

Relevant person who is an employer has failed to ensure complying toilets are reasonably available.

3(I)

5(C)

$300

$500

1870

Sch13, s10(2)

Relevant person who is an employer has failed to ensure hand and face washing facilities are reasonably available.

3(I)

5(C)

$300

$500

1871

Sch13, s16(1)

Relevant person who is an employer has failed to ensure complying meal/break area is reasonably available.

3(I)

5(C)

$300

$500

1872

Sch13, s20

Relevant person who is an employer has failed to ensure complying dressing room facilities are reasonably available.

3(I)

5(C)

$300

$500

1873

Sch13, s22(1)

Relevant person who is an employer has failed to ensure drinking water is reasonably available.

3(I)

5(C)

$300

$500

1874

Sch13, s24

Relevant person who is an employer has failed to ensure hand and face washing facilities are reasonably available.

3(I)

5(C)

$300

$500

1875

Sch13, s25(2)

Relevant person who is an employer has failed to ensure shower facilities are reasonably available.

3(I)

5(C)

$300

$500

1876

Sch13, s29(1)

Relevant person who is an employer has failed to ensure complying toilets are reasonably available to a worker when not at their employer’s workplace.

3(I)

5(C)

$300

$500

1877

Sch13, s30

Relevant person who is an employer has failed to ensure complying meal/break area is reasonably available to a worker when not at their employer’s workplace.

3(I)

5(C)

$300

$500

1878

Sch13, s31(1)

Relevant person who is an employer has failed to ensure drinking water is reasonably available when not at their employer’s workplace.

3(I)

5(C)

$300

$500

1879

Sch13, s32

Relevant person who is an employer has failed to ensure hand and face washing facilities are reasonably available when not at their employer’s workplace.

3(I)

5(C)

$300

$500

1880

Sch13, s33(2)

Relevant person who is an employer has failed to ensure shower facilities are reasonably available when not at their employer’s workplace.

3(I)

5(C)

$300

$500

1881

Sch14, s2(3)

Relevant person who is an employer has failed to ensure ventilation requirements meet the specified performance requirements.

3(I)

5(C)

$300

$500

1882

Sch14, s4(3)

Relevant person who is an employer has failed to ensure lighting requirements meet the specified performance requirements.

3(I)

5(C)

$300

$500

1883

Sch14, s5(3)

Relevant person who is an employer has failed to ensure that the building complies with the specified performance requirements for floor area/air space.

3(I)

5(C)

$300

$500

 Workplace access

1900

137(2)

Relevant person who is an employer has failed to ensure appropriate, safe and clear access to and from the workplace (other than workplace where construction work is being performed)

3(I)

5(C)

$300

$500