Head of global new markets at Veriforce CHAS, Alex Minett, discussed the implications of new industrial manslaughter laws introduced in South Australia and explains what steps businesses can take to stay compliant.
New industrial manslaughter laws have come into effect in South Australia, marking a significant shift in workplace health and safety regulations. Employers found negligent in causing a worker’s death now face severe penalties, including hefty fines or up to 20 years in prison.
This legal development places a renewed emphasis on health and safety practices, highlighting the need for employers to proactively manage risks within their operations and supply chains.
A national perspective on industrial manslaughter laws
With the introduction of these laws, South Australia aligns with most Australian states and territories that have already criminalised industrial manslaughter. Tasmania remains the only state yet to enact such legislation.
The penalties across jurisdictions vary, with corporations facing fines from $10 million to $20 million and individuals facing imprisonment from 20 years to life, depending on the severity of negligence or recklessness involved.
The scope of the new laws
It’s worth noting that the new laws do not introduce new safety standards but rather ensure that if a worker is killed through a breach of current laws then severe penalties are available. In South Australia, workplace health and safety (WHS) falls under the Work Health and Safety Act 2012 (SA) which, in conjunction with the Work Health and Safety Regulations 2012 (SA) set out the health and safety duties required to provide protection from hazards and risks in the workplace.
These duties are the responsibility of persons conducting a business or undertaking (PCBUs), their officers and individual workers. Breaches of these duties are a criminal offence which can carry hefty penalties and custodial sentences for corporations and individuals.
The Work Health and Safety (Industrial Manslaughter) Amendment Act 2023 (SA), stipulates that reckless or grossly negligent actions breaching health and safety obligations, resulting in a worker’s death, constitute industrial manslaughter. This offence is not bound by the typical two-year statute of limitations, allowing prosecutions to be brought at any time post-incident.
Staying compliant
To avoid falling foul of the new laws, businesses should undertake comprehensive reviews of their health and safety policies. Key steps include:
- Safety training programs: implement regular and updated safety training sessions for all employees
- Risk assessments: conduct frequent risk assessments to identify and mitigate potential hazards
- Management involvement: ensure active participation of senior management in safety initiatives, establishing clear accountability
- Incident response plans: develop and practice incident response plans to handle safety incidents promptly
- Open reporting environment: foster a culture where employees can safely report hazards and near misses, ensuring timely investigation and remediation
The importance of supply chain safety
A critical aspect of maintaining workplace safety involves managing health and safety risks within the supply chain.
Businesses must ensure that all contractors and suppliers are compliant with safety regulations. This can be challenging, but partnering with experts like Veriforce CHAS can provide significant support.
Veriforce CHAS specialises in helping businesses maintain compliance across their supply chains, offering tools like real-time visualisations, geographical compliance tracking and credit monitoring. It also assists in pre-qualifying contractors and suppliers, ensuring that they meet all necessary safety standards before integration into the supply chain.
Looking ahead
The introduction of industrial manslaughter laws in South Australia underscores the importance of rigorous health and safety practices in the workplace. These laws are a critical step towards ensuring that serious breaches are met with appropriate legal consequences, promoting a culture of safety and ethical business conduct.
By prioritising safety and leveraging expert support, businesses can protect their workers, maintain compliance and ultimately ensure that every worker returns home safely.
For more information, visit https://www.chas.net.au/
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