Health and Safety in Employment Act 1992

49 Offences likely to cause serious harm

• (1) Where—

  • (a) a person who, knowing that any action is reasonably likely to cause serious harm to any person, takes the action; and

  • (b) the action is contrary to a provision of this Act,—

  the person commits an offence against this Act.

  (2) Where—

  • (a) a person who, knowing that failure to take any action is reasonably likely to cause serious harm to any person, fails to take the action; and

  • (b) the person is required by this Act to take the action,—

  the person commits an offence against this Act.

  (3) Every person who commits an offence under this section is liable on conviction to—

  • (a) imprisonment for a term of not more than 2 years; or

  • (b) a fine of not more than $500,000; or

  • (c) both.

  (4) A person charged with an offence under this section may be convicted of an offence against section 50 as if the person had been charged under that section.

  Section 49(3)(a): substituted, on 5 May 2003, by section 23 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

  Section 49(3)(b): substituted, on 5 May 2003, by section 23 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).