A workplace serious injury or fatality is a tragedy for everyone involved. It can also move quickly from incident response to criminal investigation, with the Work Health and Safety Prosecutor assessing whether a business, director or officer should face charges.
At O’Sullivan Sneddon Law, we act for Queensland employers, directors and officers in WHS investigations and prosecutions, including matters involving grievous bodily harm and fatalities.
The pressure starts early
After a serious incident, regulators can move fast. Inspectors have statutory powers to enter workplaces, make inquiries and gather evidence under Queensland safety legislation.
That may include:
- attending or securing the incident scene
- requiring information and documents
- taking photographs, measurements and other evidence
- asking questions of workers, managers and officers
- issuing improvement, prohibition or other compliance notices.
If the matter proceeds beyond regulatory notices, prosecution can follow under the Work Health and Safety Act 2011 (Qld) and related safety legislation. In Queensland, WHS prosecutions are ordinarily conducted by the Work Health and Safety Prosecutor, and proceedings may involve both a company and individual directors and officers.
Why early advice matters
The first hours and days matter. What is said, produced, preserved and documented during the investigation phase can materially affect the defence strategy and the outcome.
We help Queensland employers:
- respond to WHSQ attendance, notices and requests
- prepare for interviews and evidence-gathering steps
- identify and preserve available defences, including due diligence and reasonable practicability arguments
- engage with prosecutors and defend charges where required
- manage related processes, including coronial involvement.
Our focus is practical: reduce risk, protect privilege, keep the business operating where possible, and build the strongest available response from day one.
We have secured positive outcomes in WHS prosecutions, including having complaints withdrawn, reducing company exposure, and achieving favourable sentencing results.
For Queensland employers: act early
If your workplace is contacted by WHSQ or the WHS Prosecutor after a serious incident, get advice before the investigation gathers pace. Early, specialist guidance can make the difference between reacting under pressure and responding strategically.
We provide practical, strategic and commercially focused representation to protect your people, your operations and your future.