Ensuring Workplace Safety - What do the New Industrial Manslaughter Laws Mean to You?

Safeguarding the well-being of our employees and others in the workplace is critical for any business's success. The stakes have been heightened following the introduction of new industrial manslaughter laws in New South Wales in June.

Individuals conducting a business or undertaking (PCBUs) may face prosecution under the NSW WHS Act 2011 even in cases where there is no loss of life. The presence of the risk of death, serious injury, or illness, coupled with a failure to manage the associated health and safety duty adequately, constitutes grounds for legal action.

Understanding the New Legislation

The recently instituted laws created a substantial shift in workplace safety regulation. They introduce severe measures for instances where a worker may be killed, entailing up to 25 years of imprisonment for individuals and fines amounting to $20 million for corporations.

The primary objective of this legislation is to strengthen safety frameworks in the workplace. As a result, the offences are applicable to all PCBUs and their officers, and the penalties are more severe than the current ones.

An individual or corporate entity may incur criminal liability should the PCBU or officer/s engage in grossly negligent conduct, breach their health and safety duty, and result in the death of a worker or another individual owed a health and safety duty.

Additionally, the prevailing constraint on the timeframe for instigating legal proceedings under the WHS Act does not apply.

The Role of Officers in a Business

Effectively, these laws do not impose new obligations on officers but reinforce existing ones. It is incumbent on all officers to ensure that workplaces adhere to safety regulations and actively foster a culture of safety.

An officer typically encompasses an individual who makes or participates in making significant decisions affecting the entirety or a substantial portion of the business or possesses the capacity to influence the business's financial standing significantly.

Building a Safety-First Culture

Creating a safety-first ethos commences with leadership. Officers and managers must be true leaders by demonstrating an unwavering dedication to safety in every action and decision. This includes, but is not limited to:

• Regular Training: Ensuring the comprehensive training of all employees and stakeholders in safety processes, equipment and plant while acquainting them with their rights and responsibilities.

• Risk Assessments: Conducting regular risk assessments to identify potential hazards and institute measures to mitigate them.
  

• Open Communication: Encouraging employees to voice their safety concerns without apprehension of reprisal.

• Continuous Improvement: Routinely evaluating and enhancing safety systems and processes to adapt to new workplace risks or changes.

The Benefits Extend Beyond Compliance

The investment in robust health and safety systems is more than penalty avoidance. It is about safeguarding our most valuable asset—our people. Research has continually shown a secure workplace fuels productivity, fosters trust, uplifts morale, and mitigates costs linked to accidents and downtime.

Taking Action

The introduction of industrial manslaughter laws issues a collective call to action. It's an opportunity to scrutinize your health and safety systems, engage with your employees, and develop workplaces where safety is at the forefront of every facet of our operations.

Contact us today on 1300 269 361 or at Anzen.com.au to explore to see how we can help your business.