Industrial manslaughter and gross negligence cases – Heavy Fines

On 2 October 2024, changes to the Work Health and Safety Act 2012 came into effect that made industrial manslaughter a criminal offence in Tasmania. Under the amendments, industrial manslaughter occurs when negligent conduct, by a person conducting a business or undertaking (PCBU) or by an officer, causes the death of a worker.

Other states had existing laws in place and recent decisions in those states highlight the potential liability for employers.

In Queensland a jury found a mining company guilty of industrial manslaughter and a fine of $7million was imposed after a fatal roof collapse when an inappropriate support beam was used. The District Court commented that this was "a gross breach of safety obligations" and the degree of negligence was "of high order"

In Victoria, a bakery was fined $3.4million for workplace manslaughter after a worker fell four meters and suffered fatal head injuries during ceiling upgrade works, with WorkSafe Victoria finding no control measures had been implemented to eliminate or reduce the fall risk despite their availability.

Fines of hundreds of thousands of dollars are being imposed by courts for serious injuries.

It is important to note that the courts are taking a strong approach to workplace safety, not just where there is a fatality but also any serious injury. As an employer there is an obligation to minimise risk and you should review any high-risk work practices, ensure your safe operating procedures and statements are current and reflect the actual site conditions. It is important that staff are properly trained and understand their legal obligations.