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The Victorian Government reminded everyone on the 1st July that Workplace Manslaughter is now a criminal offence in Victoria with tough new laws. Minister for Workplace Safety Jill Hennessy said “If an employer’s negligence costs someone their life, they will be prosecuted and may go to jail – that’s now the law.”
The offence applies to employers, self-employed people and ‘officers’ of the employer. It also applies when an employer’s negligent conduct causes the death of a member of the public.
The Government is also delivering on its commitment to reform workplace safety in Victoria by broadening the criteria that defines a workplace death.
From 1st July, fatalities that occur on the road while working, suicides attributable to a workplace health and safety failure, deaths from industrial diseases such as silicosis, and workplace deaths resulting from a criminal act, will all be recognised in the WorkSafe toll.
In Victoria, a person will be guilty of workplace manslaughter where they:
1. engage in negligent conduct; and
2. that conduct amounts to a breach of an OHS duty owed to another person; and
3. that conduct causes the death of the other person.
The laws are supported by a $10 million package to improve investigation and enforcement of workplace safety laws, including a specialist WorkSafe team to lead investigations and prosecutions, and two additional WorkSafe Victoria Family Liaison Officers to give families more support.
WorkSafe Chief Executive Colin Radford has said that, “Twenty-four people died in a workplace incident in 2019, that’s 24 families, groups of friends and communities who have lost a loved one, a friend, a team mate or a colleague.”
He further went on to say that, “There are no excuses for putting workers’ lives at risk and WorkSafe will not hesitate to prosecute those who do.”
It’s worth noting that more WorkSafe inspections than ever before were undertaken in 2019 with 49,771 visits completed and 14,939 health and safety compliance notices issued.
In order to enforce the workplace manslaughter laws the Victorian Government is strengthening WorkSafe by recruiting an additional 40 specialist construction inspectors by 2022. They are currently recruiting for 10 of these positions.
Clayton Utz, one the big six of Australian law firms, has emphasised that the legislation highlights a strong focus on a culture of compliance. High risk activities and the OHS policies, procedures and management plans directing risk controls should be reviewed and amended to ensure they meet with current standards for reasonably practicable controls. It’s also important to embed a safety culture from management and workers including casuals and contractors.
WorkSafe Chief Executive Colin Radford has said a single workplace death was one too many.
"There is simply no excuse for cutting corners when it comes to workplace safety. All employers must take time to properly assess workplace health and safety risks and plan how to eliminate or manage them, because failing to do so can be fatal."
The bottom line is that the new laws commenced on July 1. You need to have the right OHS systems in place to protect your workers and yourself.
JTA is one of Australia’s leading independent workplace consultancies. For over 35 years we’ve helped businesses manage their occupational health, safety and noise requirements.
Head Office Melboune
139 Ormond Road Elwood, VIC 3184
Mornington Peninsula
20 Lister Avenue,
Sorrento,
VIC 3943
JTA Health, Safety & Noise Specialists acknowledges the Boon Wurrung People of the Kulin Nation as the Traditional Owners and Custodians of the land on which the home of JTA resides. We pay our respects to their Elders past, present and emerging, and acknowledge and uphold their continuing relationship to this land.
