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WSH Act: liabilities and penalties

Find out the maximum penalties for failing to comply with the Workplace Safety and Health (WSH) Act.

The tables below outline the maximum penalty for failing to comply with the WSH Act:

Not complying with a Remedial Order or Stop Work Order

Offence Maximum fine Maximum imprisonment Conditions
Not complying with Remedial Order $50,000
and additional fine of $5,000 for each day of continued offence
12 months Either or both
Not complying with Stop Work Order $500,000
and additional fine of $20,000 for each day of continued offence
12 months Either or both

General penalties

For offences where no penalty is expressly provided in the WSH Act, the penalties are as follows:

Type of offender Maximum fine Maximum imprisonment Conditions
Individual First conviction: $200,000
Repeat offender: $400,000
2 years Either or both
Corporate body First conviction: $500,000
Repeat offender: $1 million
N.A. N.A.

Note: If the previous offence caused the death of a person, any subsequent offence that causes the death of another person will have a maximum fine that is doubled.

Composition fines

For offences, instead of prosecution in Court, the Commissioner may consider compounding the offence.

Offences may be compounded to a sum not more than half the maximum fine prescribed for the offence or $5,000, whichever is lower.

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Last Updated: 1 April 2016