New NSW Industrial Manslaughter Laws

In a landmark move to strengthen workplace safety, the New South Wales Government has officially enacted the Work Health and Safety Amendment (Industrial Manslaughter) Act 2024. This legislation introduces a new criminal offence for industrial manslaughter, marking a significant shift in how workplace fatalities are addressed across the state.

ABILITY GROUP is committed to helping businesses stay compliant, informed, and proactive in creating safer work environments. Here’s what you need to know.

What Is Industrial Manslaughter?

Industrial manslaughter refers to the death of a worker caused by gross negligence from a person conducting a business or undertaking (PCBU) or an officer of the PCBU. Under the new NSW law, individuals and corporations can now be held criminally liable for such incidents.

Key Legal Criteria:

The breach must result in the death of a worker.

The person must have a health and safety duty.

That duty must be breached due to gross negligence.

Why This Law Matters

NSW was the last mainland state to introduce industrial manslaughter legislation. The change follows decades of advocacy from families, unions, and safety experts. Since 2019, over 300 workers have died in NSW due to workplace incidents.

This law sends a clear message: unsafe practices will not be tolerated. It aims to:

Ensure justice for victims and their families.
Deter reckless conduct.
Promote a culture of accountability
Ensure justice for victims and their families

What Businesses Need to Do

While the new law does not create additional WHS duties, it raises the stakes for non-compliance. Businesses must now:

Review and strengthen safety protocols.
Ensure executive roles are clearly defined and accountable.
Implement robust systems for hazard reporting and risk management.
Train staff and leadership on WHS responsibilities.

Directors and officers must understand that they can be personally liable for breaches. There is no limitation period for prosecution, meaning legal action can be taken at any time after an offence.

ABILITY GROUP’s Commitment

At ABILITY GROUP, we help organisations navigate complex regulatory landscapes. Our WHS consultants offer tailored solutions to ensure your business is compliant, protected, and prepared.

Whether you’re updating your safety systems or training your leadership team, we’re here to support your journey toward a safer workplace.

Final Thoughts

The introduction of industrial manslaughter laws in NSW marks a new era of accountability. It’s not just about compliance, it’s about protecting lives. Let ABILITY GROUP help you take the proactive steps needed to meet this challenge head-on.

Need help with WHS compliance?
Contact ABILITY GROUP today to schedule a consultation.