A decision on whether a national approach will be taken to a range of crucial workplace heath and safety (WSHS) laws, including industrial manslaughter, mental health and other matters such as union right of entry is set to be decided on within weeks.
State and territory ministers are due to meet with Industrial Relations Minister Michaelia Cash the week commencing 17 May to consider recommendations of Safe Work Australia’s 2018 Borland Review that include harmonised industrial manslaughter laws with potential jail time for employers responsible for a worker’s death.
A number of jurisdictions – ACT, Queensland, Victoria, Northern Territory and Western Australia – have already adopted the review’s recommendation for a criminal industrial manslaughter charge.
It is understood the government had not put forward a position on an industrial manslaughter offence so as not to pre-empt discussions with the ministers.
In relation to Federal Opposition policy, the Australian Labor Party resolved at its national conference last month it would back national industrial manslaughter laws.
Labor industrial relations spokesman Tony Burke has said publicly that the ALP would support the states and territories to implement industrial manslaughter laws and development of harmonised industrial manslaughter legislation.
AREEA’s position 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.
AREEA 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.
AREEA 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 view AREEA’s submission to Safe Work Australia’s 2018 Borland Review.
For a discussion about industrial manslaughter and other WHS policy matters, contact [email protected].
