Employers face up to 20 years in prison if they are found to have caused the death of a worker through a reckless or grossly negligent breach of health and safety, under new industrial manslaughter laws which commence today,
Employers can also be punished with fines of up to $18 million.
The new laws – effective from today – make industrial manslaughter a criminal offence and put employers on notice that the most serious health and safety breaches now carry severe penalties.
SafeWork SA is now leading a statewide awareness campaign, including extensive print and digital advertising, to ensure employers understand the consequences of failing to adequately protect workers' health and safety.
SafeWork SA inspectors are working with high-risk industries, including agriculture, construction, road transport and manufacturing to reinforce the need to maintain rigorous safety standards.
A person commits industrial manslaughter if:
- they have a health and safety duty under the Work Health and Safety Act
- they engage in conduct that breaches that duty
- the conduct causes the death of an individual to whom that duty is owed, and
- the person engages in the conduct with gross negligence or is reckless as to the risk to an individual of death or serious injury or illness.
The new laws do not impose any additional health and safety obligations on businesses or workers. Instead, they ensure that if a worker is killed through a breach of existing laws then severe penalties are available.
Making industrial manslaughter a criminal offence fulfills a key State Government election commitment and brings South Australia into line with other states and territories across Australia.
Full details are available on the SafeWork SA website: safework.sa.gov.au
As put by Kyam Maher
Every worker in South Australia has the right to come home safely to their families and loves ones at the end of each day.
Making industrial manslaughter a criminal offence puts dodgy operators on notice and reminds them significant penalties await if they fail to protect their workers.
I pay tribute to the work of the families of victims who have campaigned for industrial manslaughter laws over many years.
As put by SafeWork SA Executive Director Glenn Farrell
There is no second chance with workplace incidents, so it is imperative employers maintain high standards in protecting their workers and others from risks to their health and safety.
The introduction of higher order penalties, including jail time, for acts of gross neglect and recklessness, should deter those who may disregard their work health and safety obligations and re-focus them on their duty to provide safe workplaces.
As put by Voice of Industrial Death founder Andrea Madeley
I cannot overstate the gruelling and punishing impact on a family after a loved one is killed at work. They will be handed a life sentence immediately. They do not get to choose.
Every single workplace in South Australia is required by law to manage the safety risks that it exposes its workers to. They do not get to choose.
The most serious and devastating of outcomes, justifies the most serious of punishments. End of Story.
