The law places a number of strict duties and responsibilities on employers to provide safe systems of work for people in the workplace. While the penalties for breaching these duties are clearly spelled out the obligations tend to be expressed in very general terms. The legislation might tell duty-holders what they need to do but might not tell them how they need to do it to ensure compliance. For example WHS legislation states that workers that deal with hazardous chemicals must be provided with personal protective equipment but does not give specific directions as to the exact type of equipment required for each individual activity.

Sometimes the way obligations are worded in the legislation means they are full of legal jargon and difficult to understand. This can leave employers feeling confused about whether they are doing enough to ensure compliance with the law.

Specialised WHS consultants and auditors are often engaged to provide guidance to employers on how best to achieve compliance. However if an employer is seeking expert advice on how to reduce their liability in the event of a workplace accident speaking to a WHS lawyer and implementing their advice may be invaluable. A lawyer can:

• provide advice to employers about how the WHS legislation applies to them and their business including advice about mandatory standards and codes of practice;
• identify gaps in employers’ risk management systems and provide solutions for compliance; and
• simplify the legal jargon and explain duties and obligations of both employers and employees in plain English.

As well as assisting in developing safe systems of work a lawyer’s assistance is vital in the event that a workplace accident results in the employer being prosecuted for negligence. A prosecution can be a distressing time for everybody involved as it can:

• create serious financial difficulties for the business;
• affect worker productivity and morale; and
• generate immense stress for the employer being prosecuted.

It is important that a lawyer is engaged from the moment the employer becomes aware of a prosecution. A lawyer can help in preparing a defence or assist with a plea of guilty to explain the circumstances in which the incident occurred. Our free Find a Lawyer directory may help put you in touch with the assistance you need.