The penalties for offences against the Act have been designed as an effective deterrent for employers and employees. Prosecutions under the Act will be conducted before a Safety and Health Magistrate. Individuals and corporations may be fined for offences, and others, like directors of corporate bodies, may also be liable where a corporation is found to be guilty of an offence. Some sections of the Act contain specific penalties. Other sections of the Act also involve similar fines, including the sections about duties of manufacturers, persons who have control of workplaces, and self employed persons.
Fines given in the Act are maximum levels and the magistrate determines the amount in each case.
It is expected the Safety and Health Magistrate will take the frequency and severity of the offence into account when assessing the penalties. It is an offence for an employer, prospective employer or trade union to discriminate against people on the basis of their activity as safety and health representatives or committee members. Employees who have given information or assistance to a safety and health representative or committee member, or made a safety and health complaint, are also protected from employer discrimination. Copies of this publication may be freely printed and distributed provided that WorkSafe Western Australia receives appropriate acknowledgement and that no substantial changes are made to the text.