Consequences if an employee does not comply with Health and Safety Regulations

Much of Victoria’s Occupational Health & Safety Legislation is aimed at the obligations of employers to their staff. It also sets out, however, obligations that employees must follow whilst at work.

What WHS Laws Must Employees Follow?

In Victoria, employees must take reasonable care for their own health and safety, as well as that of persons who may be affected by their acts or omissions in the workplace. Further, employees must not intentionally or recklessly interfere with or misuse things in the workplace. This includes all equipment, tools and vehicles within the workplace. Where relevant, employees must also ensure that they attend training in order to work safely. 

Is an Employee Required by Law to comply with Health and Safety Regulations?

Yes, an employee is legally required to comply with Health and Safety regulations. In fact, it is the responsibility of the employee to ensure that they cooperate with all of their employer’s Health and Safety regulations, and comply with the OHS Act and Regulations. As mentioned above, this includes using equipment properly, following safe work policies and procedures and attending training.

What are the Consequences of Failing to Follow WHS Laws for Employees?

The legal penalties for employees breaching their obligations are monetary, and can be up to the same amount for an individual charged as an employer, being up to 1800 penalty units, or approximately $333,000 as of 2022.

Prosecutions against employees are less common than those against employers, but do occur. When determining whether an employee is guilty of a breach, the Court looks to what that person knew about all the relevant circumstances. Below are some examples of employees who have been prosecuted for breaching their obligations:

  1. An electrician was fined $16,000 for instructing a first-year apprentice on four separate occasions to undertake tasks, which should have been performed under direct supervision of a qualified electrician, unsupervised.
  2. An employee at a Timber & Hardware store jokingly pointed a nail gun at another employee’s foot. The nail gun discharged, nailing his foot to the ground. He was fined $2,000.
  3. An employee of a retail gas seller lit a cigarette lighter within a short distance of another employee who was filling a gas cylinder. The lighting caused a ‘flash flame’. He was fined $1,000.

If you are charged as an employee, or are an employer who has an employee charged by Worksafe, please contact our office on 03 9034 7351 for a free case consultation.

You can read more about Victoria’s OH&S Legislation here



Tom Isaacs

Tom Isaacs

Bachelor of Laws with Honours - LLB(Hons)

Tom has been part of the firm for the past 10 years, working initially as a law clerk and now as a fully qualified Solicitor. He completed his Bachelor of Laws with Honours at Deakin University, and undertook his legal training at the Leo Cussen Insititute where he was president of his class. Tom appears regularly at Magistrates' Courts, both metropolitan and in regional Victoria.