Industrial manslaughter occurs when there is an unlawful killing of a worker by a person conducting a business or undertaking (PCBU), or an officer of the PCBU. Employers in Australia have a duty of care to provide their workers with a safe working environment.
NSW's Industrial Manslaughter Laws have passed both houses of Parliament. The offence carries maximum penalties of 25 years' jail for individuals such as officers, and what will be highest fine for a workplace health and safety breach in Australia – $20 million for bodies corporate, for breaching duty of care and negligently or recklessly causing the death of a worker.
What can I do?
It is crucial that employers implement comprehensive safety systems and comply with the relevant WHS laws. The importance of safety and the duty to be proactive in ensuring compliance with WHS duties should be emphasised to officers within the organisation, as well as the personal repercussions the industrial manslaughter offence may have on them in the case of a worker’s death.
- Foster an organisational culture of compliance through safety policies, procedures and regulations above all other business priorities.
- Develop comprehensive safety systems and documentation processes.
- Ensure organisational compliance with the relevant WHS laws and regulations.
- Adopt “zero tolerance” against employees and managers who act against the organisation’s safety processes and rules.
- Conduct regular internal and external risk audits and assessments.
We're here to help
As always, our people are here to help. For more information on resources and training courses available to all members, or any other questions you are welcome to contact the WHS Team.
E: info@trinityinsurance.au
T: 02 8251 9069