Workplace health and safety incidents can lead to regulatory investigations and prosecutions in addition to injury claims.

Statutory Liability Insurance can provide protection for certain costs arising from these proceedings.

What can an investigation involve? #

Following a serious workplace incident, a regulator may:

• Attend the workplace.
• Interview employees.
• Request records.
• Issue notices.
• Conduct a formal investigation.
• Commence prosecution.

The business and individual directors, officers or employees may require legal advice.

Can legal defence costs be covered? #

Potentially.

Depending on the policy, Statutory Liability Insurance can cover certain:

• Legal representation expenses.
• Investigation costs.
• Defence costs.
• Prosecution costs.

Insurer notification and consent requirements can apply.

Are WHS fines covered? #

Do not assume so.

Australian workplace health and safety laws can restrict or prohibit insurance for particular penalties.

The position depends on the applicable legislation and jurisdiction.

The policy can still be relevant for legally insurable defence and investigation costs even where a penalty itself cannot be insured.

What other insurance can be involved? #

A workplace incident can potentially involve several policies, including:

• Workers Compensation.
• Public Liability.
• Management Liability.
• Statutory Liability.

Each policy addresses a different exposure.

When should Webber Insurance be notified? #

Notify us promptly when a regulator becomes involved or there is a serious incident that could reasonably lead to an investigation.