4. What are the ramications of failure to observe WHS legislation and organisational policies and procedures? (4 marks) \"if you do not fulfill your duties or obligations, you are in brooch of the Work Health and Safety Act 2011( the WHS Act) or the Electrical Safety Act 2002 {the ES Act) and could be prosecuted. There are four categories of offences for failing to comply with a health and safety duty under the WHS Act and SR WA Act or an electrical safety duty under the ES Act, depending on the degree of seriousness or liability involved. industrial manslaughter: the highest penalty under either the Wl-lS Act, SRWA Act or the ES Act is for industrial manslaughter where a person conducting a business or undertaking (PCBU), or a senior officer, negligently causes the death of a worker. Where a PCBU, or senior officer, commits industrial manslaughter, a maximum penalty of 20 years imprisonment for an individual, or $1 0M for a body corporate, applies. View more in formation and definitions. Category 1: the next highest penalty under either the WHS Act or the E5 Act is for a category 1 offence. These are serious breaches where a duty holder who recklessly endangers a person to risk of death or serious injury. Oences involving reckless conduct, will be prosecuted in the District Court. Corporation: up to $3 million individual as a person conducting a business or undertaking {PCBU} or an officer: up to $600,000 / 5 years jail individual e. g. worker: up to $300, 000/ 5 years jail. Category 2: failure to comply with a health and safety duty or electrical safety duty that exposes a person to risk of death, serious injury or illness. Ojfences will be prosecuted in the Magistrates Court. Corporation: up to $1.5 million individual as a PCBlJ or an officer: up to $300,000 individual e. g. worker: up to $150, 000. Category 3: failure to comply with a health and safety duty or electrical safety duty. Offences will be prosecuted in the Magistrates Court. Corporation: up to $500,000 individual as a PCBU or an officer: up to $100, 000 individual e. g. worker: up to $50,000