Industrial manslaughter legislation has been introduced in several Australian states, including Victoria, Queensland, and the Australian Capital Territory. This legislation imposes new obligations on employers and labour hire companies and carries serious penalties for non-compliance.
Industrial manslaughter refers to the death of a worker that is caused by a breach of workplace health and safety obligations. This may include a failure to provide adequate training, equipment, or supervision, or a failure to implement adequate safety procedures. The introduction of industrial manslaughter legislation means that employers and labour hire companies can now be held criminally liable for the death of a worker caused by such breaches.
Under this legislation, individuals found guilty of industrial manslaughter can face significant fines and imprisonment, while companies can face fines of up to millions of dollars. This means that employers and labour hire companies need to take the new legislation seriously and ensure that they are in compliance.
To ensure compliance, employers should take the following steps:
Understand the new legislation:
Employers and labour hire companies need to understand the specific requirements of the legislation in their state, including the new obligations and penalties.
Review and update policies and procedures:
Employers should review their workplace health and safety policies and procedures and ensure they are up to date and comprehensive. This includes ensuring that all workers receive adequate training and that all safety procedures are properly documented and followed.
Consult with workers and their representatives:
Employers should consult with workers and their representatives to identify potential hazards and ensure that they are adequately addressed. This includes providing workers with the opportunity to raise concerns and providing them with the necessary resources to report any issues.
Monitor and report incidents:
Employers should monitor workplace incidents and ensure that they are properly reported and investigated. This includes ensuring that workers are aware of their right to report incidents and that there are clear procedures in place for doing so.
Regularly review and update: Employers should regularly review and update their workplace health and safety policies and procedures to ensure they remain relevant and effective.
The introduction of industrial manslaughter legislation in Australia has placed new obligations on employers and labour hire companies and increased the focus on workplace health and safety. Employers need to ensure they are allocating the appropriate resources to OH&S and employee welfare. It is critical that if businesses engage third parties such as labour hire firms, that these firms are appropriately vetted to ensure they possess the necessary safety infrastructure to fulfil their obligations under the new Workplace Health and Safety and Industrial Manslaughter legislation.