The new criminal rules for workplace compliance

Since 2001 all businesses come under the Criminal Code and compliance with requirements of various government departments is mandatory. Even more daunting is the fact that you are now obliged to know all the rules or be criminally liable if an accident happens as there is a presumption of guilt if companies cannot demonstrate ‘a culture of compliance’. Here are some examples.

• You are obliged to provide staff, customers and visitors with a safe environment.
• It is a criminal act to behave in way a court might decide is ‘misleading and deceptive’.
• You can be held responsible for the performance of the products you have sold or work you’ve done. Worse you can be sued (or even jailed) if someone using your product is injured or killed even though you know the product is perfectly safe when properly operated.

Four simple tips can help keep you clear of the courts and sleep soundly at night...

The most important defence in creating a safe environment is to show you took ‘timely & reasonable’ steps to avoid the possibility of an accident.  Make sure your factory, office or shop has relevant signs or stickers to warn where there is a potential risk of a fall or an accident. It works and is cheaper than lawyers and can keep you out of jail.

In you sell products that can be dangerous when not properly operated have a video made and put online so that you can demonstrate that you took reasonable steps to show the correct way to operate and maintain them.

Regularly review the various areas of risk and compliance with staff. As the owner and/or manager YOU have a duty to ensure they are fully aware of the exposure to potential criminal charges. Experience suggests a company found to commit a breach of the law may face lower penalties. Take out some form of Directors insurance, even though the cover may not be comprehensive.


It is also a good idea to have ready names of qualified business advisers that can guide you through the maze of compliance.

Where is small and medium size business most at risk? Experience suggests it is in the areas workplace health and safety, and damage to the environment. Remember correct signage and easy access to relevant information is the first step to avoid costly litigation or even worse, a tragedy that will scar you forever.




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