Government introduces harsher WHS penalties

The state government has today introduced harsher industrial manslaughter penalties, in an effort to bring WA’s WHS laws in line with that of other states.

The new laws, which among others will prevent insurers from covering fines dealt to workplaces as well as institute penalties of up to 20 years imprisonment for individuals or fines of up to $10 million for companies, will more broadly define workplace health to include both physical and psychological health concerns.

Appearing at parliament house earlier today alongside family members of deceased workers, Industrial Relations Minister Bill Johnston called the new WHS laws a priority for the government.

“The current legislation is spread across multiple acts and regulations,” he said.

“This update will bring the resources sector and general industries under the same act, but with separate regulations.”

“The community has high expectations that every worker has the right to come home safely after each shift, having a strong deterrence in this legislation completely accords with these expectations.”

Regan Ballantine, safety advocate and mother of Wesley Ballantine, was present to welcome the new laws.

While she said industrial manslaughter was a critical element of new WHS laws, she called on the state government to go further and make further amendments to government procurement policy,

“Construction companies who are convicted of negligent work practices resulting in serious injury or death must be suspended - for a period of time - from bidding and being awarded government contracts,” she said.

“Sanctions are currently placed on some contractors who are simply investigated by the Corruption and Crime Commission, but what happens to a company who records a fatality on their worksite?”

UnionsWA secretary Meredith Hammat welcomed the new legislation, saying current laws were woefully out of date and out of step with laws elsewhere in Australia.

“Modern and consistent laws will help ensure compliance and save lives,” she said.

“Consistent with the recent federal government Review of the Model Workplace Health and Safety Laws, this Bill seeks to introduce an offence for industrial manslaughter for those whose negligence or wilful conduct leads to an unnecessary workplace death.

“If a driver causing an accident can be charged with manslaughter, so too should an employer that badly mismanages a dangerous workplace.

“The Bill seeks to make it unlawful for corporations to insure themselves to cover the cost of fines for unsafe or dangerous workplaces.”

The new laws come after annual data released by Safe Work Australia on November 4 showed work-related fatalities in WA had decreased from 20 in 2017 to 13 in 2018; nationally, the rate of deaths fell from 190 to 144.

Asked by Business News why WA needed those laws given those numbers, Mr Johnston said he was targeting zero workplace deaths with the legislation regardless of the downward trend.

“I watch those ads on the TV about road fatalities; I’m just as determined in Western Australia to get workplace deaths down to zero,” he said.

“We have serious consequences for criminal behaviour in this legislation because criminal behaviour should be punished.”

The response from industry so far has been mixed.

While the Chamber of Minerals and Energy of WA said it welcomed the new laws, chief executive Paul Everingham criticised the increased imprisonment and fine penalties, saying punitive measures could discourage reporting of injuries and fatalities.

“While acknowledging there needs to be consequences for offences, an over-emphasis on punitive enforcement and compliance is not in the best interest of achieving better safety and health outcomes,” he said.

“Poorly considered or rushed introduction of an industrial manslaughter offence could have unintended consequences which impair, rather than enhance, health and safety outcomes.”

Chamber of Commerce and Industry WA chief executive Chris Rodwell said the state government did not followed a proper consultation process in introducing the legislation, saying the business community deserved a longer period of consultation.

“We share the state government’s objective of continuing to reduce the occurrence of workplace tragedies, but industrial manslaughter provisions will not achieve that,” said Mr Rodwell.

“The bill’s current provisions run contrary to evidence in other jurisdictions and would undermine hard-won progress.”