The question of criminal liability in cases of workplace fatalities has been a longstanding subject of discussion both within New South Wales (NSW) and across Australia. NSW Industrial manslaughter laws address situations where either a business entity or an individual bears responsibility for the loss of life due to negligent or reckless conduct within the workplace. The NSW Government is currently reviewing public feedback before taking next steps.
Background
The Government is set to implement NSW industrial manslaughter legislation. These new laws aim to ensure that the gravest breaches of work health and safety regulations are met with severe consequences, serving as a stark reminder that endangering a worker’s life will not go unpunished, especially in cases of workplace fatalities.
Despite persistent advocacy from the families affected by workplace tragedies, NSW has lagged behind as the only mainland state without legislation addressing industrial manslaughter.
Following a collaborative effort in February 2023, the former government, along with other states and territories, agreed to amend model work health and safety laws, paving the way for jurisdictions to enact industrial manslaughter legislation.
Under industrial manslaughter provisions, corporations can be held accountable for fatalities resulting from actions by their employees within the scope of their duties. Manslaughter, as defined, pertains to the unlawful killing of a human being.
SafeWork is poised to initiate an inclusive consultation process involving work health and safety experts, industry representatives, labour unions, legal professionals, and the families of individuals who have tragically lost their lives in workplace incidents.
The NSW Government has completed the formal consultation process, with plans to subsequently present a bill to parliament in 2024.
Every worker in NSW deserves the fundamental right to feel secure in their workplace, and these laws are crafted with the explicit purpose of enhancing workplace safety throughout the state.
Sophie Cotsis, the Minister for Work Health and Safety, expressed her aspirations regarding these laws, stating, “I hope these laws serve as such a potent deterrent that prosecutions become unnecessary. We must strive to prevent fatal injuries in the workplace.“
She further emphasised the significance of the penalties, recognising the profound pain and anguish endured by the families and loved ones of workers who have tragically perished in preventable workplace accidents.
Having effective Work Health & Safety (WHS) programs, procedures, practices and a safety culture is important for all businesses.
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Further information:
Source: NSW Government
Title: Industrial manslaughter law to be introduced in NSW
Read Time: 5 minutes
Source: NSW Government
Title: Have your say – Industrial manslaughter
Read Time: 5 minutes