Tough new industrial manslaughter laws - up to 20 years in prison

The following is an abridgement of an article originally published on the Safe Work South Australia website.

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Tough new industrial manslaughter laws

New industrial manslaughter laws, effective from July 1, 2024, impose stringent penalties on employers who cause a worker's death due to reckless or grossly negligent breaches of health and safety.

These laws make industrial manslaughter a criminal offense in South Australia, carrying penalties of up to 20 years in prison and fines reaching $18 million.

Comprehensive awareness campaign

SafeWork SA is launching a comprehensive awareness campaign to educate employers about these consequences and reinforce the importance of rigorous safety standards. Inspectors are focusing on high-risk sectors like agriculture, construction, road transport, and manufacturing to ensure compliance.

Severe penalties to encourage high safety standards

Under these laws, a person commits industrial manslaughter if:

• they have a duty under the Work Health and Safety Act
• breach that duty in a manner causing death, and
• do so with gross negligence or recklessness regarding the risk of serious harm.

The new legislation aligns South Australia with other states and territories in Australia and fulfils a key election promise of the State Government.

SafeWork SA Executive Director Glenn Farrell emphasised the importance of maintaining high safety standards to prevent workplace incidents, stressing that severe penalties including jail time are intended to deter negligence and prioritise worker safety.

"There is no second chance with workplace incidents, so it is imperative employers maintain high standards in protecting their workers and others from risks to their health and safety."

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Sources

Tough new industrial manslaughter laws come into effect by Safe Work South Australia, 1st July, 2024.

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