NSW Government toughens workplace laws in wake of deaths
Cowboy construction companies risking workers’ lives with poor safety standards will be jailed under beefed-up workplace laws.
NSW
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COWBOY construction bosses whose dodgy safety standards cause the death or serious injury of workers will be sent to jail under new workplace laws.
State Cabinet has signed off on reforms that will make it easier to prosecute these rogue companies and individuals — a move that has been welcomed by a mother whose son fell to his death while working on a Sydney building site.
The Sunday Telegraph has obtained documents showing prosecutors will only have to prove “gross negligence” rather than “recklessness” under a revamped NSW Work Health and Safety Act.
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This means the issue of intent — proving whether a building boss consciously disregarded the risks — is removed.
The proposed changes are due to be introduced to parliament before Christmas and are in response to recommendations from an independent Safe Work Australia report published in December last year.
Government sources said these laws will improve the chances of prosecution compared to other states.
The reforms come in the wake of four construction site accidents in Sydney in the past week and the death of 18-year-old formworker Christopher Cassaniti, who was crushed by scaffolding in April.
Christopher’s mother Patrizia Cassaniti, 48, welcome the proposed new laws.
“I can never bring my son back and I have come to terms with that,” the Castle Hill mother of three said.
“I want the people who are responsible for my son’s death to be penalised but I also want to see no other family go through what we have.
“It makes my blood boil when I see poor safety standards in the building industry.”
Mr Cassaniti’s case relates to a building site in Macquarie Park in northwest Sydney and is still under investigation by SafeWork NSW.
The new laws are also expected to make it easier to prosecute employers whose workers become disabled as a result of their worksite accident.
Under the current act, employers can only be prosecuted for the most serious offences when a person dies.
Individual employers found guilty can face up to five years in prison and a $600,000 fine ($3 million for companies).
The reforms will also make it easier for workplace deaths to be prosecuted as manslaughter under the Crimes Act 1900.
NSW Better Regulation Minister Kevin Anderson refused to comment on details.
“We are currently considering the recommendations of the review into workplace health safety laws, what is clear to me that our laws need to be stronger, not just for workplace fatalities, but to target unsafe practices before someone dies,” Mr Anderson said.
“We need strong criminal penalties that can be used in any circumstance, not just when someone dies in a workplace.”
Between 2013 and 2016 a total of 35 workers lost their lives on NSW construction sites, with the most common cause being falls from heights.