Workplace manslaughter is now a jailable offence
The Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019 is now in effect, commencing 1 July 2020.
The new law is designed to strengthen workplace safety in Victoria. It aims to prevent workplace death and provide a strong deterrent for officers, organisations and employers to comply with their OHS obligations. It will see tougher penalties where a workplace death is caused by criminal negligence.
Information for employers and other duty holders about the new workplace manslaughter offence.
A new criminal offence of workplace manslaughter has been introduced into occupational health and safety laws.
The offence applies to negligent conduct by an employer or other duty holders as outlined below, or an officer of an organisation, which breaches certain duties under the Occupational Health and Safety Act 2004 (OHS Act) and causes the death of another person who was owed the duty.
The workplace manslaughter provisions will not operate retrospectively. This means that only a death that occurs after 1 July 2020 will be considered.
The new law aims to prevent workplace death, provide a stronger deterrent for duty holders to comply with their occupational health and safety obligations, and to send a strong message that putting people’s lives at risk in the workplace will not be tolerated.
The changes do not create additional duties; they introduce tougher penalties on already existing duties under the OHS Act. Just as the law currently provides, employers and duty-holders should stop to think about the risks involved in the conduct of their business, and what steps can be taken to mitigate those risks.
If you are already complying with your OHS duties, you are doing the right thing and you will not need to do anything different from 1 July. If you are not complying, the consequences for not thinking about workplace risk can be much more severe.
Who can be charged with workplace manslaughter?
• Organisations and self-employed persons
• Organisations and self-employed persons who hold specified duties under the OHS Act (as outlined below) can be prosecuted for the offence of workplace manslaughter. Organisations include:
• bodies corporate (for example, registered companies)
• incorporated associations
• statutory authorities
• trustee of a trust
• unincorporated bodies and unincorporated associations
• partnerships
• government entities.
Penalties
If convicted of workplace manslaughter, the following penalties apply (as at 1 July 2020):
• a maximum of 25 years imprisonment for individuals; and
• a maximum fine of $16.5 million for body corporates.
These penalties reflect the seriousness of the offence and are designed to help prevent workplace deaths by creating a strong deterrent for organisations and individual officers against breaching their occupational health and safety duties.
For the full details on this legislation or any other information regarding keeping you and your workers safe and covered, please visit the Workcover website
