Australian employers accountable for worker death in the workplace!
Industrial manslaughter occurs when negligent conduct by personal conducting a business or undertaking (aka business/organisation), or by an officer (aka business owner/leader) leads to the death of a worker. These laws do not apply to workers who are not officers, they are aimed at those setting the policy and agenda of the business.
Industrial manslaughter will not apply to all cases of death at a workplace. Theoffence of industrial manslaughter occurs if a PCBU or Officer:
have a health and safety duty under the Act; and
engage in conduct that breaches that duty; and
the conduct causes the death of an individual to whom that duty is owed (that is, it substantially contributes to their death); and
the PCBU/officer engages in the conduct with gross negligence or is reckless as to the risk to an individual of death or serious injury or illness.
Individuals now face a maximum penalty of 21 years imprisonment, and corporations face a maximum penalty of $18 million for breaching these provisions. Notably, there is no time limit for bringing charges related to industrial manslaughter, allowing for thorough and comprehensive investigations to be conducted. In cases where the criteria for industrial manslaughter have not been met, the Court may decide on a Category 1, Category 2, or Category 3 offence instead.
A recent industrial manslaughter prosecution in Victoria resulted in a stonemasonry business being held accountable for the preventable death of a worker. A 25-year-old sub-contractor tragically lost his life due to a preventable incident involving a forklift. The investigation found that the incident was entirely preventable, and the company was convicted and fined $1.3 million and ordered to pay $120,000 in compensation to the worker's family for pain and suffering.
Ultimately, these changes will foster a culture of responsibility, safety, and accountability in workplaces, ensuring that preventable tragedies are avoided, and individuals and corporations are held to the highest standards of care and diligence.
Not every business is created equal with WHS risk; some industries are more dangerous than others. If you do find yourself in a more dangerous environment, if WorkSafe comes knocking, or someone is seriously injured or killed, could you prove you've done everything "reasonably practicable"? If you don't know, our free WHS Risk Scorecard is a great place to start.
