Sheriff’s Office:-OH&S responsibilities for members on fieldwork

The PSA provides the following advice. Members are advised to read it and seek clarification if they are unsure of how it relates to them:

Members who work "one out" on field duties may find that they are in breach of their responsibilities under OH&S legislation. By not following the procedures negotiated between the Sheriff and the Sheriff Officers Vocational Branch relating to fieldwork, members may be personally liable in the event of an accident.

Employers who direct or allow staff to undertake unsafe work practices are in breach of the OH&S legislation. Officers with supervisory responsibilities at all levels of an organisation have responsibilities to ensure the organisation complies.

It is also pointed out that under the OH&S Act an injured employee has a right to immediate treatment of an injury. Officers who fail to provide or actively prevent treatment are liable for their actions.

Penalties relating to the responsible government agencies under OH&S legislation may be $550 000 for a first offence or up to $825 000 for subsequent offences. Penalties relating to individual managers may be $55 000 for a first offence or up to $82 500 and/or two years gaol for subsequent offences.

Members are further advised that written or verbal instructions from senior officers that contradict this statement do not absolve individuals of their responsibilities under OH&S legislation. All employees remain responsible for their own safety and the safety of other employees. As such, members who work "one out" may find themselves in breach of this provision and personally liable.

Breaches of this part of the OH&S Act for employees are punishable by fines of up to $3 300 for a first offence or up to $4 950 for subsequent offences.

The PSA has had success in the past prosecuting under this legislation. Unfortunately, this has often been after a member has been seriously hurt. To help prevent this happening we ask that all instances where members are directed by a manager to perform unsafe work practices, or felt pressured to perform them, be reported to an SOVB delegate.

Please contact your closest delegate if you have any questions regarding this notice.