Law & Rights
Duty not to recklessly endanger
Section 32 Duty not to recklessly endanger persons at workplaces.
This is a new offence under the OHS Act, and applies to everyone - an employer, a worker, a designer, manufacturer, supplier or installer, even a member of the public. It is now an offence, with the potential penalty of not only a fine, but also a term of imprisonment of up to 5 years, to recklessly place another person at a workplace in danger of serious injury. Section 32 states:
'A person who, without lawful excuse' recklessly engages in conduct that places or may place another person who is at a workplace in danger of serious injury is guilty of an indictable offence...'
When would there be a 'lawful excuse' to recklessly endanger another person? There are a number of possible examples: in cases of fire or rescue, in breaking up public disturbances, and so on.
When WorkSafe produces more information it will be posted on the website.
The 2004 Act can be downloaded (in both pdf and Word format) on the Victorian government legislation repository website.