Workplace Manslaughter

Industrial manslaughter laws were introduced in most states over the past several years as a result of increased safety risks that resulted in death, primarily in the construction industry.

The Australian WHS legislation refers to all employers and employees having a duty of care to ensure a safe working environment with the intent to get employers to address health and safety issues proactively.

Industrial manslaughter is essentially a workplace crime whereby an employer or person conducting a business or undertaking (PCBU) has breached their duty of care and created a substantial risk of serious harm to a person through their actions or inactions that has resulted in the death of an employee.

It is important to note that the death does not have to be immediate and the person may die many years later after the causal event e.g., silicosis (inhaling crystalline silica dust while cutting engineered stone products such as kitchen benchtops.

Industrial manslaughter legislation differs across each state and territory and it is crucial that businesses understand their obligations and also the penalties for non-compliance. Businesses should:

• review all the potential hazards and risks in the workplace, including mental health risks and ensure that these are incorporated into the OHS approach;

• complete a formal review of all the safety systems and controls currently in place and ensure they are fully effective (including a mental health risk assessment and compliance plan);

• review all existing policies including "unwritten practices" relating to health and safety;

• review OHS leadership and culture to ensure that any alleged negligent conduct is not authorised or permitted by the company or culture;

• educate directors, senior officers and managers and make them aware of the legislation and offences;

• review incident management capability, including root cause analyses; and

• consider insurance arrangements for your organisation and officers.