A raft of workplace health and safety (WHS) law changes have been proposed by the Western Australian Labor Government.
The government’s plan will be introduced to parliament next year and includes two offences of industrial manslaughter.
- Industrial manslaughter class one: the most serious offence, this includes a maximum penalty of 20 years’ imprisonment for an individual conducting or undertaking a business.
- Industrial manslaughter class two: this includes a maximum penalty of 10 years’ imprisonment for negligent behaviour.
In a statement, Premier Mark McGowan said the proposed changes resulted from significant public concern and from recommendations of two recent Federal reviews – the Safe Work Australia Boland review and the recent Senate Standing Committee on Education and Employment report.
The new offences will also carry a fine of up to $10 million for a body corporate.
The announcement also includes $12.9m towards new initiatives, with another 21 inspectors for the state safety watchdog Worksafe to be hired, along with three other full-time equivalent staff.
It is aimed to bring Western Australia in line with New South Wales and Queensland and ensures that a ratio of 1 safety inspector FTE per 10,000 employees is met.
Industry groups in the state told Australia’s Mining Monthly industrial manslaughter laws were not the answer and better avenues were available to improving workplace safety .
“We share the state government’s commitment to prevent workplace deaths, but industrial manslaughter laws will not achieve this,” Chamber of Commerce and Industry of WA CEO Chris Rodwell said.
“Rather it will distract the government from tackling the hard questions of why workplace fatalities occur and what practical steps can be taken to address this issue.
“To date, there has been inadequate consultation with industry by the government to fully understand the implications of their policy.
“There are already adequate laws in place that deal with individuals who negligently or purposefully contribute to a person’s death and there is a greater risk that industrial manslaughter laws will have a negative impact on safety outcomes by fostering a culture of blame.”
Chamber of Minerals and Energy CEO Paul Everingham said safety was already the focus of the resources industry and the regulator had significant powers under existing legislation.
“We firmly believe that any wrongdoing which contributes to injury or death on a work site should be dealt with by the justice system and there are adequate laws in place to deal with individuals,” he said.
“In the case of serious noncompliance with existing work, health and safety standards there are options to prosecute those who are responsible, including the use of criminal code manslaughter provisions.
“Industry and government work well together to maintain and improve workplace safety and we welcome premier Mark McGowan’s plan to bolster Worksafe’s resources and presence at workplaces across our state.
“Worksafe and Resources Safety inspectors have an important role in both enforcing health and safety standards and educating workplaces on safe work practices.
Feedback sought on proposed WHS regulations in WA
The WA Government is also seeking feedback on the state’s new WHS regulations.
Public consultation has commenced for the regulations that will support the proposal for the development of a modernised Work Health and Safety Bill for Western Australia which is based on the national Work Health and Safety Act.
Information sessions will be held throughout September, inviting Western Australians to have their say on the proposed regulations.
The consultation package for the regulations contains three distinct sets including: regulations for general industry (but many will apply across all industries); the mining sector; and for the petroleum and geothermal sector.
Both industry and worker organisations advocated that the union right of entry provisions should not be included, but instead be left within Western Australia’s Industrial Relations laws. As a consequence, the proposed WHS regulations for Western Australia do not include union right of entry provisions.
Comprehensive information sessions on the proposed sets of regulations will be delivered across the State to accompany the release of the consultation package.
Western Australians are encouraged to attend the information sessions in Perth, Albany, Esperance, Karratha, Newman, Geraldton, Mandurah, Kalgoorlie, Broome, Port Hedland, Midland and Dongara during September.
The public consultation period closes on Tuesday November 26, 2019. For more information, click here.
AMMA submits member views on review of model WHS laws
Earlier this month, AMMA made a submission to Safe Work Australia’s (SWA) Consultation Regulation Impact Statement (CRIS) on the impacts of implementing the Recommendations of the 2018 Review of the Model WHS laws (2018 Review) as part of the consultation process on behalf of employers in the resources and energy industry.
AMMA provided feedback on recommendations of significant concern to members in the resources and energy industry.
AMMA’s position, consistent with other business representative groups, is that there are existing, appropriate avenues within Australian criminal law for individuals to be prosecuted for gross negligence that has led to a workplace death. A framework that focuses on punitive measures to health and safety compliance diminishes an organisations’ safety culture. AMMA maintains that continuous improvement in safety outcomes in the workplace, is best driven by cooperative, proactive initiatives to enhance safety culture, not an adversarial legal approach seeking to attribute blame and liability after an accident occurs.
AMMA will continue to support and advocate for workplace regulation that is appropriate and balanced and which does not impede productivity, freedom of association and safety in the workplace.
Click here to read more about the focus of AMMA’s submission or here to view AMMA’s entire submission.
For further information about the submission or the 2018 Review of Model WHS Laws contact [email protected].
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