OHS Manager Prosecution and 240% Penalty Increase: Court Sends a Strong Message

The Victorian County Court has significantly increased a workplace health and safety penalty, from $32,500 to $110,000—after finding the original fine inadequate given the seriousness of the offence and the maximum available penalty of over $2 million.

The incident occurred when an employee fell more than two metres from incomplete scaffolding, sustaining severe spinal and lung injuries. Both the employer and the OHS manager faced charges under the Occupational Health and Safety Act 2004. The manager admitted to unsafe conduct after the fall, including directing workers onto the same incomplete scaffolding to place bunting and climbing it himself.

The employer was convicted for failing to prevent work on incomplete scaffolding and failing to comply with an improvement notice requiring a revised safe work method statement. The County Court emphasised general deterrence, warning employers that cutting corners on safety will attract penalties significant enough to command attention.

Our Take

This decision is a clear reminder: courts are raising the bar on safety compliance and penalties. A 240% increase signals that token fines won’t cut it—employers must treat scaffolding safety and compliance obligations seriously. The unsafe response by the OHS manager highlights another critical point: poor judgment after an incident can compound liability.

The message is simple: prevention is non-negotiable, and post-incident conduct matters. If you think “it’ll be fine” or “just fix it quickly,” think again—those decisions can land individuals and companies in court.

Action Items

1. Review High-Risk Work Practices - Immediately audit scaffolding and other high-risk activities. Ensure guardrails and safety components are in place before work begins.

2. Update Safe Work Method Statements - Confirm all SWMS are current and reflect actual site conditions. Respond promptly to improvement notices with documented compliance.

3. Train Supervisors and Managers - Provide practical training on incident response—never compromise safety to “tidy up” a site. Make sure managers understand legal obligations and personal liability.

4. Strengthen Incident Protocols - Develop clear procedures for securing sites after an incident without exposing workers to further risk.

5. Communicate Deterrence Risk - Share this case internally to reinforce that courts expect strict compliance and will impose significant penalties for breaches.

Edge Legal

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