After 20 years of campaigning by families, friends, and unions whose members have been killed at work, the Industrial Manslaughter Bill passed NSW Parliament on 20 June 2024.

NSW is the last mainland state to make industrial manslaughter an offence.

Since 2019 more than 300 workers have been killed in NSW. The new Industrial Manslaughter law will give prosecutors the ability to hold a business or individual responsible for the death of a person due to gross negligence in the workplace.

The maximum penalty will be 25 years jail for an individual, which is consistent with the existing maximum penalty for manslaughter in the NSW Crimes Act.

There will be a maximum penalty of $20 million in fines for a body corporate, the highest in Australia.

It will be supported by a new unit established in the NSW Office of the Director of Public Prosecutions.

The new law does not create new work health and safety obligations or duties for employers but creates a strong new offence to deter unsafe practices and strengthen accountability.

The Government consulted widely before introducing the bill and the bill was supported by an overwhelming majority of the Parliament.

Minister for Work Health and Safety Sophie Cotsis said “This is an historic moment for worker safety in New South Wales.”

The laws introduce a significant deterrent for those individuals in the workplace who continue to risk the health and safety of workers.

Ms Cotsis went on to say “We want those responsible for workplace safety – who are responsible for the lives of their workers – to take that role with utmost seriousness”.

The passing of the industrial manslaughter bill is a huge milestone for the Families and Injured Workers Support and Advisory Group (FIWSAG) who have been advocating and lobbying for industrial manslaughter to finally be accepted and become law.

The Co-Chair of SafeWork FIWSAG Jacqueline Quinlivan said “This has been such a long time coming, but we can now say we have the industrial manslaughter laws that are required”.

Today saw tributes and dedications to loved ones, with FIWSAG member Dave White said “Whilst this won’t bring back our loved ones who’ve been lost in workplace incidents, this passing of the bill may save other families from having to endure the grief and pain of losing someone who never came home from work.”

The Unseen Pillar of Organisational Success: Why Safety Performance Matters

By Robert Keft, Managing Director

Qualifications – Master of Business Administration Degree (Southern Cross University), Grad Dip. Management (AGSM -UNSW), Dip. WHS (Churchill).

I find it interesting that clients’ reasons for needing WHS (Work Health and Safety) Consultancy and Training Services vary greatly on a day-to-day basis, but here is my summary on why good safety performance is vital for any organisation:

Impact on Human Well-being

• Minimising Risks: Good safety performance directly impacts human well-being by minimising the risk of accidents, injuries, and fatalities, hence preserving both physical and mental health.
  

Boosting Productivity

• Focused Workforce: A safe workplace boosts productivity as employees can focus on their tasks without being overly concerned about hazards that have not been addressed.
  

Cost Reduction

• Averting Expenses: Prioritising safety leads to cost reduction by averting workplace incidents, medical expenses, legal fees, and workers’ compensation claims. This is a significant, often overlooked benefit.
  

Enhancing Reputation

• Building Trust: Maintaining a good safety record enhances a company’s reputation and builds trust with customers, employees, investors, and regulatory bodies alike.
  

Legal Compliance

• Business Continuity: Compliance with safety regulations is crucial for business continuity and avoiding penalties. Additionally, a positive safety culture fosters employee satisfaction and engagement, promoting trust within the organisation and reducing turnover rates.

Risk Management

• Mitigating Hazards: Safety performance is integral to risk management. Identifying and mitigating potential hazards decreases the chances of incidents and disruptions to business operations.

Overall, emphasising safety performance is vital for safeguarding human life both physically and psychologically, boosting productivity, cutting costs, complying with regulations, and upholding the reputation of organisations.

If you would like to find out more about managing physical and psychosocial hazards in your workplace, we offer training and consulting services to cover these important areas.

Get in touch today on 1300 585 128 or visit our Safety Training Australia and/or Safety Consultants Australia websites.

A survey of Queensland Health workers by the Australian Workers’ Union has revealed the massive extent of violence in our public hospitals, with the union calling on politicians to act on the issue.

The survey has revealed that close to 70% of staff have either been assaulted or witnessed an assault in the workplace.

The survey was conducted between January and April this year and received 1,279 responses, representing the views of workers from 114 Queensland Health facilities across the State.

AWU Queensland Secretary Stacey Schinnerl said that Queensland Health is not giving workplace violence the attention it deserves.

“Our frontline health workers deserve to feel safe in the workplace, but right now our public hospitals are anything but safe,” Ms Schinnerl said.

“The rate of violence being reported by staff wouldn’t be acceptable in any other sector.”

The key issues identified by workers include a lack of protective equipment for security and staff, training that isn’t fit for purpose and a deficit of security staff in hospitals across the State.

Ms Schinnerl said that workers are putting forward five common-sense measures to Government that would help mitigate the violence they are experiencing.

“Our entire workplace health and safety system is built on the premise that workers know best when it comes to their safety at work,”

“Our members have put together a common-sense plan to address the violence they are experiencing in their workplace,”

“We will be putting this plan to Government, Queensland Health and members of Parliament this week – it’s time for our politicians to work together and act on this issue.”

Source: AWU, May 2024

WorkSafe VIC has charged a company director for driving a ute with a teenage apprentice in a toolbox. The incident occurred in February 2022, when a 19-year-old apprentice was told to lie down inside the toolbox, which was mounted on the back of the ute, before the vehicle was driven from Tolmie to Mansfield in Victoria. Continue reading →

A great leader embodies a combination of qualities, skills, and characteristics that enable them to effectively lead, empower and inspire others. This is certainly not new and has been the case for many years, so what has changed? Continue reading →

Corporate boards must include at least one director with “some real health and safety knowledge” because they frequently make decisions with significant WHS implications, according to University of NSW Emeritus Professor of Management, Michael Quinlan. Continue reading →

Workers will be able to refuse to monitor, read or respond to contact from their employer as part of a new law which grants them the “right to disconnect” from work outside of normal working hours, unless the refusal is unreasonable. Continue reading →