Industrial Manslaughter Looms in WA as WHS Bill Progresses

Western Australia is a step closer to introducing industrial manslaughter laws and joining the harmonised WHS regime after its Work Health and Safety (WHS) Bill passed the Legislative Council this week.

The new laws will offer greater protection to workers, capturing modern employment relationships, such as subcontractors or casual workers, not just the classic employer/employee relationship. In particular, they will introduce the term ‘person conducting a business or undertaking’.

In line with recommendations of two national reviews, the new legislation also includes criminalising industrial manslaughter – this includes a maximum penalty of between five and 20 years of imprisonment for an individual and a maximum $10 million fine for a body corporate.

Other new aspects include increased penalties, prohibiting insurance coverage for WHS penalties and the introduction of enforceable undertakings as an alternative penalty.

Critically, the new laws will also harmonise WA with other States and Territories (except Victoria), meaning companies that operate across Australia will have similar obligations and requirements in each State and Territory.

Industrial Relations Minister Bill Johnston said the industrial manslaughter provision would act as a deterrent and ensure all workplaces focus on improving safety culture.

“It reflects the social obligations and responsibilities the community now expects from companies and their senior management, including that mental health and wellbeing needs to be considered alongside physical safety.

“I’m very pleased that we have significantly increased the maximum penalties available to the courts for companies and directors responsible for workplace tragedies.”

“This new legislation brings together all industries, general, mining and petroleum, into one Work Health and Safety Act, but with separate regulations, this will assist WA businesses with their safety obligations.

The Bill will now be sent to the Legislative Assembly for the final vote, which is expected on November 3, and will become law once the supporting regulations are finalised next year.