Greens push for tougher punishment for fatal workplace negligence

BOSSES who cause the death of a worker through negligence or indifference would face penalties of up to $1 million or 20 years in jail, under legislation proposed by the Greens.

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BOSSES who cause the death of a worker through negligence or indifference would face penalties of up to $1 million or 20 years in jail, under legislation proposed by the Greens.

The Bill would create a new criminal offence of industrial manslaughter and is supported by unions and advocacy group Voice of Industrial Death.

It would apply where a person or corporation’s recklessness or negligence caused serious harm or death to a worker.

The Australian Capital Territory is the only Australian jurisdiction to introduce such an offence.

The State Government and Opposition say current laws are adequate but have agreed to refer the Bill to Parliament’s Occupational Health and Safety Committee to make further recommendations.

There were 14 workplace deaths reported last year and there have been five so far this year — including a crush accident which claimed the life of Steve Wyatt, 63, at the new Royal Adelaide Hospital construction site on Saturday.

The exact circumstances of that incident are being investigated by police and Safework SA.

The current Work Health and Safety Act includes penalties for employers of up to $3 million or up to five years in jail.

There is also the option to charge employers under criminal manslaughter laws, which carry a maximum penalty of life in jail, but this is used less frequently.

Greens MLC Tammy Franks said her Bill would “ensure that culpable employers are held responsible for their actions”.

“We need to set the highest bar for deterrence so that employers take seriously the work health and safety of their employees,” she said.

“This Bill will capture only those employers who are indifferent, careless or callous towards the safety of their workers.”

SA Law Society President David Caruso said a recent 12-year prison sentence imposed on trucking company manager Peter Colbert, for failing to fix brakes that resulted in a driver’s death, “clearly demonstrates that the law takes industrial manslaughter very seriously”.

Health Minister Jack Snelling yesterday said investigations into Saturday’s incident would determine “if there is any culpability on anyone’s part”.

“Its too early to say whether any of those issues might have been in any way connected to this tragedy,” he said.

Mr Snelling said the State Government would consider “doing whatever needs to be done to strengthen our ... laws to protect workers” if there were found to be gaps in the current system.

“Nothing’s been indicated to me that there are any shortcomings in our work health and safety laws,” he said.

Opposition spokesman Rob Lucas said current work health and safety laws “have very significant penalties, both monetary and in jail terms”.