Tough new Industrial Manslaughter laws send a strong message on the importance of worker safety in NSW. The NSW Government has recently enacted significant reforms to its industrial manslaughter laws, underscoring a firm commitment to workplace safety and accountability. These changes are designed to address serious breaches of safety regulations that lead to worker fatalities, with a focus on both individuals and corporate entities.
Background
Sadly since 2019, more than 300 workers have been killed in NSW. The new Industrial Manslaughter law will give prosecutors the ability to hold a business or individual responsible for the death of a person due to gross negligence in the workplace.
After 20 years of campaigning by families, friends, and unions whose members have been killed at work, today the Industrial Manslaughter Bill passed the NSW Parliament. NSW is the last mainland state to make industrial manslaughter an offence. The Minns Government has fulfilled its promise to legislate industrial manslaughter.
- The maximum penalty will be 25 years gaol for an individual, which is consistent with the existing maximum penalty for manslaughter in the NSW Crimes Act
- There will be a maximum penalty of $20 million in fines for a body corporate, the highest in Australia
- It will be supported by a new unit established in the NSW Office of the Director of Public Prosecutions
- The new legislation, which took effect on 1 July 2024, marks a major shift in the state’s approach to occupational health and safety, emphasising a zero-tolerance policy for negligence
Key Changes in the Legislation
- Expanded Definition of Industrial Manslaughter
The updated laws broaden the scope of what constitutes industrial manslaughter. Previously, the offence was limited to cases where gross negligence led to a worker’s death. The new legislation now includes provisions for scenarios where an individual’s conduct shows a substantial disregard for workplace safety, leading to fatal outcomes - Increased Penalties
Penalties under the new laws have been significantly heightened. For corporations found guilty of industrial manslaughter, the maximum penalty has increased to $20 million, with imprisonment for an individual of up to 25 years, reflecting the serious nature of the offences - Corporate Accountability
The new laws place greater emphasis on holding corporate entities accountable. Companies can now be prosecuted not just for individual failings but for systemic issues within their operations that contribute to unsafe work environments. This means that directors and senior management could face criminal charges if their decisions or negligence led to a worker’s death - Revised Reporting Requirements
The legislation introduces stricter reporting requirements for workplace incidents. Employers are now mandated to report serious safety breaches to SafeWork NSW within a shorter timeframe, ensuring that investigations can proceed promptly and effectively - Enhanced Investigative Powers
SafeWork NSW has been granted enhanced powers to investigate workplace fatalities. This includes the authority to compel the production of documents and to interview individuals under caution. The aim is to ensure a thorough examination of all relevant factors leading to a worker’s death
Implications for Employers
Employers in NSW should be acutely aware of these changes and take proactive measures to comply with the new regulations. Key steps include:
- Reviewing Safety Protocols: Conduct a comprehensive review of workplace safety practices and ensure that all safety protocols are up-to-date and rigorously enforced
- Training and Education: Implement regular training programs to keep employees and management informed about safety standards and procedures
- Incident Reporting: Establish clear procedures for reporting and investigating workplace incidents to ensure compliance with the new reporting requirements
- Legal and Compliance Advice: Seek advice from legal professionals specialising in workplace safety to understand the full implications of the new laws and to ensure that your organisation is fully compliant
The new industrial manslaughter laws in NSW represent a decisive move towards enhancing workplace safety and ensuring greater accountability. By imposing stricter penalties and expanding the scope of the legislation, the NSW government aims to create a safer working environment and prevent future tragedies. Employers must act swiftly to adapt to these changes and reinforce their commitment to workplace safety.
For further information and guidance on how these new laws may affect your business, contact for team to discuss.
Stay informed, stay compliant, and let’s work together to make NSW workplaces safer for everyone.
Further information
Source: NSW Government
Title: Work Health and Safety Amendment (Industrial Manslaughter) Act 2024 No 43
Read Time: 10+ minutes