Workplace health and safety laws can often be confusing and the consequences of a breach can be significant. This month our team looks at whether there are penalties and offences under workplace health and safety law which can be imposed against individuals in the event of a breach.
| Are there penalties which can be imposed against individuals in their capacity as a director, officer or manager? | What are the maximum penalties that can be imposed upon an individual (per offence)? | |
| Australia1 | Yes | AU$600,000 and/or 5 years imprisonment |
| China | Yes | A "directly responsible person" (i.e., an officer or manager, but generally not a director without a management position) can be subject to up to 7 years imprisonment.
A "principal in charge" (i.e., a director, officer, manager or head of the company) can be subject to a fine up to 80% of his/her last year's salary. |
| Hong Kong | Yes | HK$200,000 and/or (if the offence was committed intentionally, knowingly or recklessly) 6 months imprisonment. |
| Singapore | Yes | SG$400,000 and/ or 2 years imprisonment |
| Thailand | Yes | 1 year imprisonment and/or THB400,000 fine
For non-compliance with an order of the safety inspector, the maximum penalty is 2 years imprisonment and/or a THB800,000 fine, and an additional fine of THB5,000 per day. |
1 Note that this reflects the position in New South Wales, Queensland, South Australia, Tasmania, the Northern Territory, the Australian Capital Territory and the Commonwealth, which have each enacted laws based on the national Model Work Health and Safety Laws. Victoria and Western Australia have retained distinct statutory schemes, but these similarly impose personal liability on individuals.
Key contacts
Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
Steve Bell
Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne
Emma Rohsler
Partner, Head of Employment, Pensions and Incentives, EMEA, Paris
Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Barbara Roth
Partner, New York
Christine Young
Partner, London
Disclaimer
Herbert Smith Freehills Kramer LLP and Prolegis LLC have established a Formal Law Alliance licensed by the Legal Services Regulatory Authority of Singapore known as Herbert Smith Freehills Kramer Prolegis Alliance, with Singapore law advice provided by Prolegis LLC. The two firms cooperate closely in Singapore to deliver a complementary and seamless legal service.