Infringement offences
WorkSafe inspectors can issue an infringement notice if you commit certain offences.
Background
WorkSafe Victoria is responsible for monitoring and enforcing compliance with all laws it administers. There are a range of compliance and enforcement measures that WorkSafe may use to respond to non-compliance, including for prescribed offences, infringement notices.
Specific provisions under the Occupational Health and Safety Act 2004 (OHS Act) and Occupational Health and Safety Regulations 2017 (OHS Regulations) are prescribed as infringement offences.
The prescribed infringement offences apply across industries already regulated by the OHS Act, including construction, working with asbestos, major hazard facilities, hazardous substances, mining and quarries, and working with crystalline silica.
WorkSafe inspectors can issue an infringement notice for any of the following offences under the OHS Act or OHS Regulations.
Infringement offences under the OHS Act
Section (Click to sort descending) | Description (Click to clear sorting) |
|---|---|
22 | Health monitoring to be conducted by specialist registered medical practitioner
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40(2) | Person not to use plant at a workplace if requirements for licence or registration are not met, including requirements set out in the following regulations:
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40(3) | Person not to use a substance at a workplace if requirements for licence or registration are not met |
40(4) | Person not to carry out work or an activity at a workplace if requirements for licence or registration are not met, including requirements set out in the following regulations:
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41 | Person not to carry out work or an activity at a workplace if requirements for prescribed qualifications or experience are not met, including requirements set out in the following regulation:
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69(1)(a) | Employer to allow access to certain information to health and safety representatives (HSRs) |
Infringement offences under the OHS Regulations
Regulation (Click to sort descending) | Description (Click to clear sorting) |
|---|---|
33(1) | Employer to make record of determination of exposure to noise |
39 | Employer to obtain report of audiological examination |
40(1) | Employer to keep employees results or examination report |
61 | Employer or self-employed person to erect signs in immediate vicinity of a confined space |
64 | Employer to keep confined space entry permits |
68 | Employer to keep record of exit from confined space |
94(1) | Supplier who hires or leases plant to keep record of inspection or maintenance |
106 | Employer or self-employed person to keep record of inspection and maintenance of certain plant |
110 | Employer or self-employed person to ensure powered mobile plant fitted with warning device |
129 | Employer must not allow unlicensed employee to perform high risk work |
162(1) | Employer to prepare and maintain register of hazardous substances |
168(1) | Employer to keep record of atmospheric monitoring |
171 | Employer to keep health monitoring report |
175(1) | Employer to make record of persons who work with a scheduled carcinogenic substance |
175(3) | Employer to keep record of persons who work with a scheduled carcinogenic substance |
220(1) | Storage of asbestos prohibited |
246 | Asbestos removal work to be performed by certain persons |
252(2) | Self-employed persons performing limited asbestos removal work to keep record of appropriate training while engaged in asbestos removal work |
263(1) | Employer performing limited asbestos removal work to obtain summary of results of medical examination of a person engaged in ongoing asbestos removal work |
263(2) | Employer performing limited asbestos removal work to keep summary of results of medical examination of a person engaged in ongoing asbestos removal work |
266(2) | Asbestos removal licence holder not to appoint person as asbestos removal supervisor if nomination not accepted by the Authority |
278(2) | Asbestos removal licence holder to ensure personal protective clothing or personal protective equipment is decontaminated or contained before removal from the work area |
278(3) | Asbestos removal licence holder to ensure equipment (other than personal protective equipment) is decontaminated or contained before removal from the work area |
283(1) | Asbestos removal licence holder to obtain summary of results of medical examination of a person engaged in asbestos removal work |
283(2) | Asbestos removal licence holder to keep summary of results of medical examination of a person engaged in asbestos removal work |
297(1) | Person who commissioned asbestos removal work to obtain clearance certificate on completion |
298(1) | Asbestos removal licence holder to notify the Authority of asbestos removal work |
298(3) | Asbestos removal licence holder to give copy of notice of asbestos removal work to person who commissioned the work |
313(1) | Employer to obtain summary of results of medical examination of a person engaged in certain asbestos-related activities |
313(2) | Employer to keep summary of results of medical examination of a person engaged in certain asbestos-related activities |
314(1) | Employer carrying out asbestos-related activity to ensure personal protective equipment is decontaminated or contained before removal from the work area |
314(2) | Employer carrying out asbestos-related activity to ensure equipment (other than personal protective equipment) is decontaminated or contained before removal from the work area |
319K(1) | Employer or self-employed person who conducts risk assessment for crystalline silica process or combination of crystalline silica processes to make record |
319K(2) | Employer or self-employed person to keep record of risk assessment for crystalline silica process or combination of crystalline silica processes |
319N | Employer to keep copy of crystalline silica hazard control statement |
319ZD(1) | Employer to provide health monitoring report to the Authority |
329 | Employer or self-employed person to keep copy of safe work method statement |
334(1) | Principal contractor to display signage at workplace where construction work performed |
337(1) | Principal contractor to keep health and safety co-ordination plan available for inspection |
352 | Person to keep construction induction card available for inspection |
355(1) | Requirement to notify intention to perform construction excavation work |
370 | Operator of a major hazard facility to keep safety assessment documentation available for inspection |
373 | Operator of a major hazard facility to keep safety management system available for inspection |
412(2) | Operator of a mine to ensure report of health monitoring is prepared |
412(3) | Operator of a mine to obtain copy of health monitoring report |
419 | Operator of a prescribed mine to keep safety management system available for inspection |
422 | Operator of a prescribed mine to keep safety assessment documentation available for inspection |
433(4) | Operator of a prescribed mine to keep emergency plan available for inspection |
438 | Operator of a prescribed mine to keep plan of mine available for inspection |
474 | Licence holder to comply with terms and conditions of licence |
476(1) | Licence holder to keep evidence of high risk work licence available for inspection |
476(2) | Licence holder to keep evidence of licence other than high risk work licence available for inspection |
544(3) | Person to comply with terms and conditions of an exemption |