Labor’s industrial manslaughter laws pass state parliament – bringing Tasmania into line with other states

New laws creating an offence of industrial manslaughter have passed parliament – it means employers could now face big penalties if someone dies in the workplace.

Labor Leader Dean Winter. The Mercury Bush Summit in Launceston. Picture: Rob Burnett

New laws creating an offence of industrial manslaughter have passed state parliament.

The legislation, which was drafted and tabled by the Labor Party, brings Tasmania into line with jurisdictions interstate.

It was passed by the Legislative Council late on Tuesday.

The legislation creates a new offence of industrial manslaughter in the Work Health and Safety Act and applies to employers who engage in conduct that is negligent and that results in – or substantially contributes – to the death of a worker.

The maximum penalty is 21 years imprisonment for an individual, or a fine of up to $18m for a company.

Labor leader Dean Winter hailed the passage of the legislation.

“Labor is pleased and proud that Tasmania has joined the rest of the country in passing industrial manslaughter laws,” he said.

“These laws are a win for workers, and they are long overdue.

“Tasmania has become the last state or territory to pass industrial manslaughter protections for workers and Labor would like to pay tribute to the fierce advocates who have been fighting for these changes for decades.

Tasmanian Labor Leader Dean Winter speaking at BioMar at Wesley Vale. Picture: Supplied.

The union movement has described industrial manslaughter laws as “an important piece of improving workplace safety in Tasmania”.

In the decade to 2022, there was 85 workplace fatalities.

Liberal minister Nick Duigan said the government had been working on its own legislation.

“Obviously Tasmania already has manslaughter laws but we will work proactively with all the stakeholders to make sure that this new law is fit for purpose and works well in the Tasmanian context,” he said.

Small Business Council of Tasmania chief Robert Mallett said the new law would make business anxious they could be subject to draconian penalties or double jeopardy.

“This is a sledgehammer to crack a nut,” he said.

“What we’re worried about is, from time to time, employees will flout the rules.

“They’ll not do the right thing, they’ll take a shortcut, maybe they want to knock off early. “In those situations an employer is always worried that they’re going to be the ones who are going to be blamed for it. rather than the employee that did the wrong thing, possibly, will end up who can’t answer any questions because unfortunately they’ve died.” 

Mr Winter said the laws would increase protections for Tasmanian workers while they are on the job.

“It is disappointing that the Liberals continued their opposition to the laws, they have again demonstrated their contempt for working people,” he said.

“We look forward to the new laws being enacted so they can begin to protect workers.”

Originally published as Labor’s industrial manslaughter laws pass state parliament – bringing Tasmania into line with other states