Liability under the Workplace Health and Safety Act 1995 : select issues for management

Occupational health and safety is an increasingly important aspect of management and to the role of mangers in all businesses regardless of the businesses sizes or industry in which the business operates. The impact of the legislation and subsequent prosecution arising from workplace incidents highlights the need for management to have a pragmatic view with the respect to occupational health and safety issues and prioritise occupational health and safety issues in the workplace. This paper focuses upon the core issue of how liability is imposed under the provisions of the Queensland Workplace Health and Safety Act 1995 and how some select issues under the Act have been interpreted by the Queensland Industrial Court.