16 May 2007 
 
"It will never happen here" is the catch cry from many businesses about 
accidents in the workplace, said John-Anthony Hodgens, Senior Associate 
at Gadens Lawyers at the Brisbane Chartered Accountants Business Forum 
today. 
 
"Many employees live under the premise that not only is their workplace 
compliant with the Workplace Health and Safety (WH&S) legislation, but that 
they are not liable should the Act be breached," said Hodgens. 
 
In 2005 the Queensland State Government amended the WH&S Act to increase 
the obligations of those in control of workplaces. General Managers and 
Line Managers can potentially be in the firing line as well as Directors 
and Board members.  
 
There is reciprocal legislation across Australia 
 
The legislation is designed to prevent a person's death, injury or 
illness being caused by a workplace.  
 
"The fact is that it is impossible to eliminate risk from a workplace. 
But the workplace health and safety act provides a framework around 
which businesses are required to put policies in place, that ensure the 
workplace is free of risks to employees and those of others. Regardless 
of the legislation, it is critical to build a safety culture at work," 
said Hodgens 
 
"Queensland employees that hold managerial responsibility need to be 
aware that they are responsible for the workplace environment they offer 
to people that work there," Hodgens continues.  
 
Individuals may be liable for a penalty of a maximum of $75,000 for 
death or grievous bodily harm with a maximum of two years in 
imprisonment. 
 
Businesses with more than 30 employees are required to have a WH&S 
officer on staff. 
 
Queensland businesses can ensure compliance through: 

• Train and educate staff diligently
• Ensure detailed systems and procedures are in place
• Adhere to all prescribed codes of practice or standards where relevant
• Accept risk can never be fully eliminated
• Focus on creating a safety culture and behaviour based compliance program
• Have an incident response plan