Infringement Notices & Insurance
admin • May 26, 2025
Since 2021, WorkSafe has been given the power to serve infringement notices for certain breaches under the OHS Act and its regulations.
This means that WorkSafe Inspectors can issue on-the-spot fines in a similar way to a police officer who catches a person for speeding. The fines can be issued without the need to take the offender to court.
The fines issued for offences are up to about $2000 (depending on the offence).
Infringement notices are allowed to be used for certain offences, which broadly fall under 4 categories:
- undertaking work without a required licence, registration, qualification, experience or supervision
- using plant that is not licensed or registered as required
- failing to meet various duties relating to the removal and storage of asbestos
- failure to keep various required records
A full list of infringement offences can be found at:
Infringement offences | WorkSafe Victoria
In 2021, there were also changes to ensure that the payment of penalties under the OHS Act cannot be covered by insurance. It is illegal to hold such insurance, and it is also illegal to provide insurance for penalties under the OHS Act.
“The payment of a penalty cannot be covered by insurance. Any contract term or arrangement that claims to insure or indemnify a person for payment of a penalty under the OHS Act or regulations is void under section 148A of the OHS Act.” – WorkSafe Victoria
This means that the offender must pay the fine – not their insurer.
School Education is an industry with specific OHS challenges. In fact, The Department of Education has been flagged as one of the highest risk government employers and the Government sector has been announced as one of 5 key industries of focus for WorkSafe in reducing workplace harm. Government-health-safety-strategic-approach-2025-08.pdf OHS Law requires that educational institutions of all types adhere with their legal obligations – and this includes schools. Schools are not just places of learning—they are workplaces for staff and environments where students spend much of their time. Ensuring safety and well-being through Occupational Health and Safety (OHS) is not only a legal requirement, but is also essential for fostering a positive workplace culture. The employer has a duty to provide a safe workplace to its’ employees, and also to the students and members of the public. Part of meeting safety obligations means effectively consulting with their employees on matters relating to safety. The best way for safety matters to be effectively communicated is through proper consultation arrangements. This includes: · The establishment of Designated Work Groups (DWG) · Electing Health and Safety Representatives · The establishment of Health and Safety Committees Don’t forget that effective consultation is a legal requirement under The OHS Act and that employers are required to set up DWGs if requested by a worker. They are also required to assist with how HSR’s will be elected for each DWG. If an HSR then asks for an HSC to be established, the employer has 3 months to do so. (For more information, see Part 7 of the OHS Act.) Also, don’t forget that HSRs have a right to attend HSR training at a provider of their choice! HSR Training Courses | BeSafe | Regional Victoria Key OHS Risks in schools may include: · Hazardous manual handling · Work-related stress, violence, harassment and bullying · Slips, trips and falls · Plant and equipment · Hazardous substances and dangerous goods · Additional risks associated with school excursions and camps While there are specific hazards and risks in the school workplace which need to be addressed, all of the usual obligations and duties under the OHS Act apply. WorkSafe Victoria has some guidance material relating to OHS in Schools which can be found at: Occupational Health and Safety (OHS) in schools: A practical guide for school leaders | WorkSafe Victoria Additional resources can also be found here: Education Websites & information - OHS Reps As always, BeSafe Victoria are happy to help – so give us a call and we can help to point you in the right direction: HSR Training and support | BeSafe | Regional Victoria
The Minister for WorkSafe recently made an announcement which included a warning to employers who put workers’ lives at risk. In the press release, the data shows that WorkSafe is issuing more fines - up by $1.1million from the previous financial year. He also stated that WorkSafe have inspected more workplaces, with nearly 7,500 more inspections conducted. Furthermore, there have been more compliance notices – with 13,943 notices issues, compared with 16,300 from the previous year. The Minister announced the launch of a new “Statement of Regulatory Intent” which plans to target the 5 most high-risk industries: Healthcare and social assistance Construction Government Agriculture Manufacturing These industries are responsible for 60% of all deaths and injuries in the workplace. The Minister stated that “Criminal prosecution, substantial fines, and potential imprisonment await employers who fail to meet their legal obligations to protect workers' lives.” The Statement of Regulatory Intent has been published on the WorkSafe website, and it includes an overarching summary document as well as several documents relating to each of the key target industries. Each industry also has some key hazards which will be targeted within that industry, while in all industries a key area of focus will be workplace consultation and psychological health. Falls from heights were called out as a key issue to address in the construction industry, while in the agriculture industry, powered and mobile plant are the deadliest issues to address. In the manufacturing sector, there was a key geographic location of concern - being the 3175 post code (Dandenong and surrounds). The greatest number of injuries were caused by manual handling, with most fatalities being due to lung disease and traumatic injuries. The healthcare and social assistance sectors have safety issues in hazardous manual handling, aggression/violence and slips, trips and falls, which will be areas of focus for WorkSafe. The government sector continues to have major issues around psychosocial hazards. The highest risk of injury is seen in police services, followed by ambulance services and the department of education. However, in terms of fatalities, the worst areas are the Fire Services and Victoria Police. It was notable that employee representation and consultation were identified as a specific area of focus in a number of industries – and this is of course a key area for our Health and Safety Representatives! The Minister’s statements are strong: “Every workplace death is unacceptable – that’s why we are working towards a future of zero deaths and zero excuses.” "If a worker dies on your watch due to negligence, you risk criminal charges. We will not tolerate employers who gamble with workers' lives." We can only hope that this ‘new’ WorkSafe approach may lead to safer workplaces for all. To read the full press release from The Minister for WorkSafe: 250815-Workplace-Prosecutioncts-Hit-Successful-Milestone.pdf The full WorkSafe documents can be found at: Statement of Regulatory Intent 2025-26 | WorkSafe Victoria
