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Does the employer incur criminal liability in a workplace accident?

The criminal liability of the employer and managers depends on the existence of fault, the OHS measures taken, and documentation. Being able to prove that obligations have been fully fulfilled is the foundation of the defence. Preventive documentation both prevents accidents and protects the employer in a possible prosecution.

Updated · July 20261 min readCategory · Practice & Disputes
Short answer

The criminal liability of the employer and managers depends on the existence of fault, the OHS measures taken, and documentation. Being able to prove that obligations have been fully fulfilled is the foundation of the defence. Preventive documentation both prevents accidents and protects the employer in a possible prosecution.

The criminal liability of the employer and managers depends on the existence of fault, the OHS measures taken, and documentation. Being able to prove that obligations have been fully fulfilled is the foundation of the defence. Preventive documentation both prevents accidents and protects the employer in a possible prosecution.

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