04/09/2026
Risky Business Vlog No 8 - Could your OHS failure be considered criminal negligence?
Not every workplace incident is the result of negligence. But when serious harm is foreseeable, suitable controls are available, and those responsible fail to act, the consequences may extend far beyond an internal investigation.
In this episode of Risky Business, I’m joined by labour law specialist Raymond Meneses as we unpack:
The difference between an accident and negligence
When an OHS failure could result in criminal liability
What “reasonably practicable” really means
Why cost alone may not justify failing to implement a safety control
The responsibilities of employers, managers and supervisors
Why safety documentation means little if controls are not implemented and enforced
The key question is not simply whether an incident occurred. It is whether the harm was foreseeable and whether reasonable measures could—and should—have been taken to prevent it.
Watch the full vlog and let us know your view: https://youtu.be/M1BiVWkIbx4
When should a workplace safety failure cross the line from non-compliance to criminal negligence?