Bill Johnston says the planned changes would bring WA in line with the national model.

Industrial manslaughter laws on the way

Monday, 26 August, 2019 - 15:39

Business people could face up to 20 years in prison and their company fined up to $10 million under industrial manslaughter laws to be introduced by the state government.

Premier Mark McGowan used Labor’s state conference over the weekend to announce the industrial manslaughter laws.

This has previously been foreshadowed by the premier and follows similar moves in other states.

The Construction Forestry Maritime Mining and Energy Union has been a strong advocate for this change, but ironically a walkout of the state conference, led by CFMEU and MUA delegates, overshadowed the premier’s news.

The state government also plans to hire 21 additional WorkSafe inspectors, taking the total number to 120.

A campaign called Better Worker Safety will be developed and a new Work Health and Safety Bill will update workplace safety laws.

The legislation will include two new offences.

Industrial manslaughter class one will carry a maximum penalty of 20 years’ imprisonment for an individual conducting or undertaking a business.

Industrial manslaughter class two will carry a maximum penalty of 10 years’ imprisonment for negligent behaviour.

The new offences will also carry a fine of up to $10 million for a company, or body corporate.

The planned laws follow significant increases in penalties introduced last year.

The maximum penalty for gross negligence causing death or serious harm increased to $2.7 million for companies and $550,000 for individuals.

The previous maximum was $625,000 for companies and $312,500 for individuals.

In practice, the largest fine ever imposed in Western Australia for a workplace death was $285,000, on G4S Custodial Services and the Department of Corrective Services in 2011.

Recent evidence suggests the Department of Mines Industry Regulation and Safety faces a challenge in securing convictions.

A notable example was the 2015 case of two Irish workers who were crushed to death on an East Perth construction site, after a tilt-up panel weighing more than three tonnes fell on them during a smoko.

The department pursued criminal charges against the site manager but the magistrate found prosecutors had not proved beyond reasonable doubt that his alleged dereliction of duty contributed to the deaths.

The rigger from ABC Crane Hire was fined $4,000 plus $10,000 in court costs after pleading guilty to failing to take reasonable care to avoid adversely affecting the safety or health of others.

The trucking contractor that brought the panels to site – Axedale Holdings, trading as Shaw’s Cartage Contractors – was fined $160,000 after pleading guilty to failing to ensure the safety of workers.

Industrial Relations Minister Bill Johnston said the planned changes would bring Western Australia in line with the national model and help reduce costs and unnecessary duplication of processes.

“Our work health and safety laws haven’t been updated since 1984 and are long overdue for change," he said.

“Developing the Western Australian Work Health and Safety Bill involved an extensive consultative process, and all views submitted have been considered.

“In the interest of employers and employees, this Bill will broadly harmonise with the national model to deliver a common approach to occupational health and safety across various jurisdictions.

“The coming week will see the release of the consultation material for the regulations package covering general industry, mining industry, and the petroleum sector.”

Information on the changes will be available from the Department of Mines Industry Regulation and Safety’s website.