Employer convicted and fined for failure to provide information
A recent case in New South Wales serves as a stark reminder of the importance of workplace health and safety (WHS) compliance and the consequences of failing to meet legal obligations. On 4 November 2024, a roofing company was convicted and fined $4,000 by the District Court for failing to provide information requested by SafeWork NSW during an investigation. They were not actually fined for the incident.
The incident
The case originated from a workplace incident that occurred on 9 May 2022 in which a roof tiler suffered non-fatal injuries after a roof collapsed at a property in Blacktown. SafeWork NSW, the state’s WHS regulator, initiated an investigation and formally requested information from the roofing company under Section 155 of the WHS Act 2011. The company, however, did not comply with the request and failed to provide a reasonable excuse for not providing the requested information.
Requirement to provide information
Section 155 of the WHS Act 2011 gives the Regulator the power to request information that could assist in investigating possible WHS breaches or monitoring compliance. The law states that if SafeWork NSW has reasonable grounds to believe that a company or individual has information relevant to an investigation, they can issue a formal request for written information, documents, and oral or written evidence.
The recipient of a Section 155 notice must comply unless they have a valid legal excuse. Failure to comply without “reasonable excuse” is a criminal offence, punishable by fines and potential further legal consequences.
As outside observers, we only know and can comment on what has been published publicly, which is a broad description of the incident and its outcome. We do not know the finer circumstances of the case, what information was requested, or why the company failed to provide it. However, we see a critical gap in WHS knowledge and compliance processes, which could have been bridged by a properly trained HSR.
Health and Safety Representatives
Some businesses may overlook the strategic value of Health and Safety Representatives (HSRs). Trained HSRs gain knowledge about WHS legal obligations and would have understood the importance of responding to SafeWork NSW’s request under Section 155. A trained HSR could have identified the request as a legal obligation rather than an optional query, advised management on the importance of compliance, and supported the business in ensuring that required documents and information were collected and submitted on time.
While the legal issue in this case was failure to provide information, the root cause was the workplace incident. Since HSRs act as a direct link between workers and management, a trained HSR could have:
Ensured that workers’ concerns about safety risks (e.g., the roof’s structural integrity) were reported before the incident occurred, for example, by conducting workplace inspections and reporting unsafe conditions.
Reminded management of their mandatory consultation responsibilities, ensuring all workers were involved in risk management discussions.
A critical lesson
This case highlights a critical lesson: WHS compliance is not just about having policies on paper—it requires active engagement, documentation, and a bi-directional flow of information. HSRs help facilitate the necessary flow of information to and from management, and documentation and record-keeping are intrinsic requirements. Investing in HSR training is not just a legal safeguard—it’s a commitment to workplace safety, risk reduction, and long-term business resilience.
For more information, please feel free to contact us at train@courtenell.com.au or phone us at 02 9552 2066.
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