Workplace Duty Holder OHS/WHS Prosecution

Workplace Duty Holder OHS/WHS Prosecution

Solve Safety is a Triple ISO Certified Professional Services organisation (Safety, Quality andEnvironmental) that offers specialised support secure your workplace safety compliance by providing occupational health and safety advice for workplace operational task and activities management (workplace safety compliance made easy) to create the safest and most efficient environments possible, by protecting both lives and livelihoods.

Compulsory OHS/WHS Workplace Safety Compliance

Solve Safety focuses on comprehensive workplace Duty Holder OHS/WHS Prosecution Mitigation, by providing guidance on workplace safety compliance measures that reduce both the hazards and risks (harm minimisation) by controlling workplace hazards that Duty Holders are required to consider by law, when conducting their organisational operational activities and tasks.

OHS/WHS Subject Matter Experts

Workplaces can be dangerous places due to the many hazards that have the potential to kill, injure or cause ill health or disease, so discover safer workplaces and stress-free assessments by seeking subject matter expert safety advice, prior to any of these serious safety incidents which will impact both a range of internal and external factors, additionally effecting several stakeholders, making it this an imperative Duty Holder strategy to mitigate the potential likelihood of an occupational health and safety (OHS/WHS) prosecution situation, for noncompliant organisational operational activities and tasks.

Multiple Regulator OHS Prosecution Routes

There are several different legislated Safety Acts and Regulations that OHS/WHS prosecutions by WorkSafe can institute or conduct legal proceedings against duty holders (person or organisation) when there are cases of an employee, contractor, customers, or visitors that have been either injured or killed whilst in the workplace.

OHS/WHS Health Safety Management Support Services

With our team of leading safety management consultants based in Melbourne but operating throughout Australia Nationally we are dedicated to helping organisations to become safe and compliant.

No matter the size or services of your workplace from small, medium or major, transportation, logistics, postal, warehousing, agricultural, forestry, fishing, construction building trade, manufacturing, mining and quarries, public administration and safety emergency, administration and support, arts, culture and design, retail and wholesale trades, every other workplace and rental, hiring and real-estate, electricity, gas water and waste water recycling, office works and professional services, health care and hospital, health and community support, education and training, hospitality, automotive, sports and recreation, aged care, disability services, a risk assessment of the workplace that identifies all the hazards is of paramount importance.

OHS Safety Knowledge, Skills and Experience

Our consultants are Australian Qualifications Framework (AQF) certified, qualified and experienced to have expert skills and knowledge over every aspect of Workplace Safety for Duty Holder OHS/WHS Prosecution Mitigation, giving them the abilities to meticulously review and support your safety planning, so it meets the highest safety standards, minimising risks and enhancing productivity

OHS Safety Certification and Qualifications

The Australian Qualifications Framework specifies the standards for educational qualifications in Australia. It is administered nationally by the Australian Governments Department ofIndustry, with oversight from the States and Territories, through the Standing Council of Tertiary Education Skills and Employment. www.aqf.edu.au

Safety Consultants Proactive Workplace Health and Safety

Solve Safety’s role as your OHS/WHS suitably qualified safety consultant is to provide advice to the employer concerning the health and safety of employees of the employer, is pro-active “prior” to a workplace safety situation, by maturing your work health and safety culture.

OHS/WHS Workplace Safety Laws

Typically, OHS/WHS laws are designed to manage specific workplace safety requirements that covers employees, contractors, customers and visitors, these are automatically “opt in” legislative compliance requirements to all the relevant Safety Acts and Regulations that come with Duty Holder Jail able and Finable penalties if not fully complied with.

Our Mission Statement

Solve Safety Pty Ltd is committed to providing its clients, professional Safety, Quality & Environmental Consultation services. Our Mission is to always provide our clients the highest standard of professionalism and shall always meet or surpass our client’s requirements and expectations.

OHS/WHS Workplace Safety Acts and Regulations

Typically, most prosecutions are brough under several relevant workplace SafetyActs/Regulations for failure to comply with their compulsory requirements, in Victoria these can include the following examples:

  • Occupational Health Safety (OHS) Act 2004

  • Equipment (Public Safety) Act 1994

  • Dangerous Goods Act 1985

  • Workplace Injury Rehabilitation and Compensation Act 2013

  • Accident Compensation Act 1985

  • OHS Regulations 2017

  • Equipment (Public Safety) Regulations 2017

  • Dangerous Goods Storage and Handling) Regulations 2012

  • Workplace Injury Rehabilitation and Compensation Regulations 2014

  • Dangerous Goods (HCDG) Regulations 2016

  • Dangerous Goods (Explosives) Regulations 2011

  • Dangerous Goods (Transport by Road or Rail) Regulations 2018

  • Magistrates Court (Occupational Health and Safety Rules) 2015

OHS/WHS Workplace Prosecuted Safety Offences

Typically, most prosecutions offences under the legislation in Victoria can include (but not limited) to the following examples:

  • Industrial Manslaughter.

  • Recklessly endangering persons.

  • Failure to provide and maintain a safe working environment.

  • Exposing non-employees to risks, etc.

Enforcement of OHS/WHS Workplace Safety

Duty Holders are automatically “opt in” obliged to implement all compulsory legislated health and safety practices to meet compliance requirements, from the very commencement and or inception of the organisations operational activities and tasks.

WorkSafe Safety Compliance Checking

The regulator WorkSafe (prosecutor) makes annually many tens of thousands of both surprise, mandatory incident and worker reported workplace visits and inspections, to ensure Duty Holders are implementing all mandatory legislated health safety requirements that must be met, which often result in duty holders (person or organisation) being prosecuted due to failure to comply with these compulsory legislative requirements for a range of industry work places from small, medium or large in sizes such as:

Transportation, logistics, postal, warehousing, agricultural, forestry, fishing, construction building trade, manufacturing, mining and quarries, public administration and safety emergency, administration and support, arts, culture and design, retail and wholesale trades, every other workplace and rental, hiring and real-estate, electricity, gas water and waste water recycling, office works and professional services, health care and hospital, health and community support, education and training, hospitality, automotive, sports and recreation, aged care, disability services, etc.

WorkSafe Safety Compliance Prosecutions

Each State, Territory and Federal Governments have their own version of OHS/WHS health and safety laws and specific types of regulators (WorkSafe prosecutors) corrective process and enforcement options, which generally are a combination of provisional improvement notices or on the spot finds for non- legislative compliant organisational activities and tasks.

Fineable/Jailable Duty Holder Safety Prosecutions

Typically, in the more serious cases WorkSafe (Regulator) prosecution can result in very heavy fines for duty holders (person or organisation) costing lots of money or even a jail sentence (terms of imprisonment) imposed by a court for workplace conduct resulting in reckless endangerment and or industrial manslaughter.

Court Prosecution Process of Duty Holders

Generally, defendants (Duty Holders) will ultimately plead guilty to their charges brought against them, then through further negotiations with the prosecutor (WorkSafe) their case will proceed through the court process as a plea hearing taking into consideration the following typical factors, relevant to their specific case:

  • The complete circumstances that surround the incident.

  • The extent of the risk

  • The Duty Holders foreseeability of the risk.

  • The role of the Duty Holder (offender)

  • The nature of the safety breaches of the Act/Regulations.

  • The serious of the breach of the OHS/WHS obligations.

  • The extent of the harm suffered by the victim(s)

  • The record of any previous convictions.

  • The extent of post incident root cause analysis and corrective actions already taken.

  • The demonstration of genuine remorse and contrition in relation to the incident and breach, etc.

Application of Duty Holders Responsibilities

Typically OHS/WHS laws apply to all stakeholders associated with your organisations operational activities and tasks and require the Duty holders implementation of Safe Systems of Work to apply to all workplace employees, contractors, visitors, customers and where their operations interact with the public.

Generally, WorkSafe (Regulators) when reviewing in relation to prosecuting will consider the following:

  • Has the party (defendant) entirely at fault been identified or is there more than one party that bears liability.

  • Does their current way of doing business (industry practice) that is commonly used in their industry (operational activities and tasks) and did they have a bearing on the occurrence.

  • Had the organisation provided adequate training and inductions for those doing the task and those associated with the task.

  • Had the organisation provided adequate workplace supervision and control.

  • Had the victim(s) extent of the harms been considered (identified).

  • Had the current process, procedures been up to date and review checked for compliance, etc.

Duty Holders Charged with an OHS/WHS Offence

It is good recommended practice that if you have been charged with an OHS/WHS offence to seek confidential professional legal advice (counsel) from those who are experienced in defending safety breach cases in either the Magistrates and County Courts etc, and that have had extensive experience in dealing specifically with OHS/WHS legislative breaches, which will allow them to put forward the strongest legal case based on your specific circumstances. Always consider those legal counsels that regularly deal with the complete range of OHS/WHS cases from both not severe to those with very serious offences can provide you the complete range of specialist advise, with the best strategic outcomes for you in mind.

Safety Partner with a Triple ISO Certified Accredited Organisation

Partner with Solve Safety Pty Ltd for your workplace OHS Safety Management for Duty HolderOHS Prosecution Mitigation safety obligations and responsibilities

Solve Safety is proudly an IQC Global www.iqcglobal.com.au Triple ISO www.iso.org/home.html Certified Professional Services organisation for:

  • OHS Safety Management Systems (ISO 45001)

  • Quality Management Systems (ISO 9001)

  • Environmental Management Systems (ISO 1400)

And is committed to delivering practical, sustainable solutions that enhance the safety compliance with all relevant safety regulations, whatever your work, whatever your industry we are your one stop shop safety network health and safety consultancy services.

Client Safety Duties and Obligations

These are just some of the many basic safety duties Solve Safety can be your safety partner to support your specific workplace, such as: getting help to improve your safety, your legal duties, ohs responsibilities and duties, occupational health and safety act and regulations, all acts and regulations, occupational health and safety (ohs) policy.

Our Safety Services

As whs consultants in Melbourne these are just some of the many basic safety products Solve Safety can develop tailored towards your specific workplace, such as: health and safety consultancy services, ohs compliance audit in Melbourne, hseq support (health, safety, environment & quality), whs risk assessment, workplace safety audit, workplace health and safety consulting services, ohs compliance audit, hseq support risk assessment, workplace safety audit, safety consulting services, whs management system, health and safety management system, Safety management consultants, whs consultants and health and safety consultants.

Our Safety Products

As safety management consultants in Melbourne these are just some of the many safety basic products Solve Safety can develop tailored towards your specific workplace, such as: health care and hospital safety basics, young worker safety basics, office work safety basics, consultation safety basics, retail safety basics, safe design safety basics, hospitality safety basics, hazardous manual handling safety basics, mental health safety basics, early childhood education and care safety basics, plant safety basics, age care safety basics, manufacturing safety basics, hazardous substances safety basics, farming safety basics, disability services safety basics, occupational violence and aggression safety basics, work related stress safety basics, confined spaces safety basics, dangerous goods safety basics, crystalline silica safety basics, noise safety basics, asbestos safety basics, safe design safety basics, hazard solutions safety basics, construction induction (white card), and high risk work licence basics.

Our Values and Industry Partners

As health and safety consultants in Melbourne these are just some of the many basic safety partnerships Solve Safety has developed to further support your specific workplace, such as: health and safety software solutions, lucidity (WHS management system) www.lucidity.io, SiteConnect (health and safety management system)

Email

admin@solvesafety.com.au

Phone

03 8842 4787
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Office

Based in Melbourne,
Servicing Australia Wide

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Workplace health and safety assessment
// Site-Wide Form Field Fix for Solve Safety - Exsalerate CRM Integration // This script should be added to your website's global footer or header (function() { 'use strict'; let fixAttempts = 0; const maxAttempts = 10; // Comprehensive list of possible first name field selectors const firstNameSelectors = [ // Common name attributes 'input[name="firstname"]', 'input[name="first_name"]', 'input[name="FirstName"]', 'input[name="first-name"]', 'input[name="fname"]', // Common ID attributes 'input[id="firstname"]', 'input[id="first_name"]', 'input[id="FirstName"]', 'input[id="first-name"]', 'input[id="fname"]', // Class-based selectors '.firstname input', '.first-name input', '.fname input', 'input.firstname', 'input.first-name', // Data attributes '[data-field="firstname"] input', '[data-field="first_name"] input', '[data-name="firstname"]', // Exsalerate specific selectors (common patterns) 'form[data-source="exsalerate"] input[type="text"]:first-of-type', '.exsalerate-form input[type="text"]:first-of-type', // Generic form selectors (first text input in contact forms) 'form input[type="text"]:first-of-type', '.contact-form input[type="text"]:first-of-type', '.consultation-form input[type="text"]:first-of-type' ]; // Function to enable and fix form fields function enableFormFields() { let fieldsFixed = 0; fixAttempts++; console.log(`Solve Safety Form Fix - Attempt ${fixAttempts}`); firstNameSelectors.forEach((selector, index) => { try { const fields = document.querySelectorAll(selector); fields.forEach(field => { if (field && (field.disabled || field.readOnly || field.style.pointerEvents === 'none')) { // Enable the field field.disabled = false; field.readOnly = false; // Fix styling issues field.style.opacity = '1'; field.style.pointerEvents = 'auto'; field.style.backgroundColor = ''; field.style.cursor = 'text'; field.style.color = ''; // Remove problematic classes field.classList.remove('disabled', 'readonly', 'inactive'); // Ensure proper attributes field.setAttribute('tabindex', '0'); field.removeAttribute('readonly'); field.removeAttribute('disabled'); // Add placeholder if missing if (!field.placeholder) { field.placeholder = 'Enter your first name'; } fieldsFixed++; console.log(`Fixed field with selector: ${selector}`); // Add event listener to ensure field stays enabled field.addEventListener('focus', function() { this.disabled = false; this.readOnly = false; }); } }); } catch (error) { console.log(`Error with selector ${selector}:`, error); } }); // Also fix any iframe forms (if Exsalerate uses iframes) const iframes = document.querySelectorAll('iframe'); iframes.forEach(iframe => { try { if (iframe.contentDocument) { const iframeFirstName = iframe.contentDocument.querySelector('input[name*="first"], input[id*="first"]'); if (iframeFirstName) { iframeFirstName.disabled = false; iframeFirstName.readOnly = false; fieldsFixed++; console.log('Fixed iframe first name field'); } } } catch (error) { // Cross-origin iframe access - can't fix console.log('Cannot access iframe content (cross-origin)'); } }); if (fieldsFixed > 0) { console.log(`Solve Safety Form Fix: Fixed ${fieldsFixed} field(s) on attempt ${fixAttempts}`); } else if (fixAttempts < maxAttempts) { // Retry if no fields found yet setTimeout(enableFormFields, 500); } return fieldsFixed; } // Function to add CSS fixes function addCSSFixes() { const existingStyle = document.getElementById('solve-safety-form-fix'); if (existingStyle) return; // Already added const style = document.createElement('style'); style.id = 'solve-safety-form-fix'; style.textContent = ` /* Solve Safety Form Fix - Override any conflicting styles */ /* First name field fixes */ input[name*="first"], input[id*="first"], .firstname input, .first-name input, [data-field*="first"] input, form input[type="text"]:first-of-type { opacity: 1 !important; pointer-events: auto !important; background-color: #ffffff !important; border: 1px solid #ddd !important; cursor: text !important; color: #333 !important; padding: 8px 12px !important; } /* Hover and focus states */ input[name*="first"]:hover, input[id*="first"]:hover, input[name*="first"]:focus, input[id*="first"]:focus { border-color: #007cba !important; outline: none !important; box-shadow: 0 0 0 2px rgba(0, 124, 186, 0.1) !important; } /* Ensure disabled state is visible but still functional */ input[name*="first"]:disabled, input[id*="first"]:disabled { opacity: 1 !important; background-color: #ffffff !important; cursor: text !important; pointer-events: auto !important; } /* Fix for any wrapper elements */ .form-field:has(input[name*="first"]), .input-wrapper:has(input[name*="first"]) { opacity: 1 !important; pointer-events: auto !important; } /* Mobile responsive fixes */ @media (max-width: 768px) { input[name*="first"], input[id*="first"] { font-size: 16px !important; /* Prevents zoom on iOS */ padding: 12px !important; } } `; document.head.appendChild(style); console.log('Solve Safety Form Fix: CSS fixes applied'); } // Initialize the fix function initializeFormFix() { console.log('Solve Safety Form Fix: Initializing...'); // Add CSS fixes first addCSSFixes(); // Enable form fields enableFormFields(); // Try again after common script loading delays setTimeout(enableFormFields, 1000); setTimeout(enableFormFields, 2000); setTimeout(enableFormFields, 3000); } // Multiple initialization strategies if (document.readyState === 'loading') { document.addEventListener('DOMContentLoaded', initializeFormFix); } else { initializeFormFix(); } // Backup initialization window.addEventListener('load', function() { setTimeout(enableFormFields, 500); setTimeout(enableFormFields, 1500); }); // Watch for dynamic content changes (AJAX loaded forms) if (window.MutationObserver) { const observer = new MutationObserver(function(mutations) { let shouldCheck = false; mutations.forEach(function(mutation) { if (mutation.addedNodes.length) { // Check if any new form elements were added mutation.addedNodes.forEach(function(node) { if (node.nodeType === 1) { // Element node if (node.tagName === 'FORM' || node.querySelector && node.querySelector('form') || node.querySelector && node.querySelector('input')) { shouldCheck = true; } } }); } }); if (shouldCheck) { setTimeout(enableFormFields, 100); } }); observer.observe(document.body, { childList: true, subtree: true }); } // Expose a global function for manual fixing if needed window.solveSafetyFixForms = enableFormFields; console.log('Solve Safety Form Fix: Script loaded and ready'); })();