Industrial Manslaughter Laws Victoria

As of July 1 2020 Victoria was bound by new industrial manslaughter laws. The manslaughter law is part of the Workplace Safety Legislation Amendment Bill that was passed in 2019. The laws reinforce that employers are responsible for the safety of their workers, and from July 1 the penalties of a negligent workplace death could have individuals facing up to twenty years in prison and up to $16.5 million in fines.

Workers who have a duty of care to others in the workplace can also be charged with the new law. WorkSafe Victoria stated that senior officers of organisations can also be charged with workplace manslaughter if the organisation “owes applicable duties”. This will include the head of companies such as directors, partners in joint ventures, a trustee of a trust and also people that are involved in the key decision making of the said business.

WorkSafe Victoria outlines that Workplace manslaughter applies when all elements of the offence are proven:

• The accused is a body corporate or a person who is not an employee or volunteer

• The accused owed the victim a duty of care pursuant to sections 21 to 24 or sections 26 to 31 of the OHS Act (this includes duties owed to employees, contractors and members of the public) (applicable duties)

• The accused breached that duty by criminal negligence in circumstances where there was a high risk of death, serious injury or serious illness

• The act that breached the duty of care was committed consciously and voluntarily

• The accused’s breach of the duty causes the victim’s death.

https://www.youtube.com/watch?v=lUf5Ei3TABc

Workplace manslaughter can also apply when the death of the person occurs sometime after the relevant incident. For example, depending on circumstances, an employee may develop a silica dust related disease after an employer exposed them to silica dust without the use of adequate PPE (personal protective equipment).

The introduction to this new legislation is a prime opportunity for businesses to overhaul their OHS system and review all safety standards to bring it up to date with the new laws. The implementation of safety in the workplace should already be institutionalised within the workplace, however this is an opportunity to do the right thing and maintain high safety standards to avoid serious injury.

“Finally negligent employers can fully be held to account for workplace deaths. Hopefully this leads to safer workplaces and fewer workplace deaths.” Ben Davis, AWU Victorian Branch Secretary.

WorkSafe Victoria has released a webinar that outlines the state’s new workplace manslaughter offences, which come into action in July. You can watch it online via our safety link.