The NSW Government is considering $18 million in fines and lengthy prison sentences for employers responsible for industrial manslaughter.
The Government last year announced it would introduce an industrial manslaughter offence.
The proposed tough measures are contained in a consultation paper as the Government invites feedback on how to best introduce the new laws and which elements will make up the offence.
Industrial manslaughter laws will allow for a business or individual to be held responsible for the death of a person due to negligent or reckless behaviour in the workplace.
Feedback from this survey will be used to inform the government on key elements to include within the NSW Work Health and Safety Act and any other relevant considerations for introducing an industrial manslaughter offence in NSW.
SafeWork NSW has developed the paper, which provides an overview of what industrial manslaughter is, and outlines the offences and penalties already in place in other Australian jurisdictions.
NSW is the last mainland state without an industrial manslaughter offence.
The NSW Government invites submissions from the community, including work health and safety experts, business groups, unions, legal stakeholders and families of people who have been killed at work.
To have your say, please visit the Have Your Say website launching Monday 19 February 2024.
Minister for Work Health and Safety Sophie Cotsis said:
“We never want to have to use these laws.”
“Any workplace death is a tragedy and in cases where a person with a duty of care has been careless or irresponsible, they must be held accountable.
“It is important the views of members of the community, including business, industry, representative bodies and workers are considered before the introduction of industrial manslaughter laws.”