Industrial manslaughter laws mean ‘at-fault employers will not be tolerated’

The NSW government has introduced legislation to enshrine decades-long jail terms and multimillion-dollar fines for employers if a staff member dies at work. According to one plaintiff law firm, the move is a serious wake-up call for employers.

A further deterrent for unsafe work practices

NSW will become the last mainland state to create the offence of industrial manslaughter, with a bill to be introduced in the current parliamentary sitting for a maximum penalty of 25 years jail for an individual or $20 million in fines for a body corporate.

The new industrial manslaughter laws, the state government said in a statement, will allow for a business or individual to be held responsible for the death of a person due to gross negligence in the workplace.

The current maximum penalty for the highest form of offence under the Work Health and Safety Act – category 1 is five years imprisonment for an individual or a $3.8 million fine for a body corporate.

A unit will be established in the NSW Office of the Director of Public Prosecutions, the government continued, that will be responsible for the prosecution of industrial manslaughter offences against individuals and, where appropriate, related bodies corporate.

Speaking about the proposed legislation, NSW Attorney-General Michael Daley said: “We plan to strengthen existing laws with a new industrial manslaughter offence, to act as a further deterrent to unsafe work practices and to send a clear message that people who place workers’ lives at risk will be held to account.”

“The significant maximum penalties that will apply for this offence make it clear how important it is to take a proactive approach to meeting work health and safety obligations to provide a safe workplace.”

NSW Minister for Work Health and Safety Sophie Cotsis said: “No government should ever want to have to use these laws. Any workplace death is a tragedy, and in cases where a person with a work health and safety duty has been careless or irresponsible, they must be held accountable.”

“The offence of industrial manslaughter will apply to the worst of the worst cases where gross negligence has caused the death of a person in a workplace.”

A clear message to employers

National plaintiff law firm Slater & Gordon has applauded the state government over the proposed laws, saying the legislation – if passed – would send a strong message to employers that “workers’ lives are irreplaceable”.

Reflecting on the proposed laws, Slater & Gordon workplace compensation lawyer Shweta Dey said: “It’s about drawing a line in the sand when it comes to employers not taking responsibility for, and valuing, the lives of their workers.”

“By enshrining this into law, it puts employers on notice that at-fault employers will not be tolerated in this state.”

“As a workplace safety lawyer who has acted for individuals who have been injured in the workplace, I have seen firsthand the devastating impact of workplace injuries in preventable circumstances. Every worker deserves to go home safely. A workplace dodging their responsibility if a tragedy occurs and people lose their loved ones, only sends the message that workers’ lives are not valued.”

“Anything that can be done to send a clear message to employers that they will not get away with unsafe and deadly workplaces is a win for workers.”