Victorian Farmers Federation calls for changes to new workplace manslaughter laws
Farmers warn new “heavy-handed” workplace manslaughter laws could be used to unfairly “punish” family members grieving over the deaths of relatives on their properties — and are now calling for an exemption.
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Farmers fear new workplace manslaughter laws will be used to jail family members grieving over the deaths of relatives on their properties.
The Andrews Government last week introduced laws that will mean employers who negligently cause a workplace death can be fined up to $16.5 million or jailed for as long as 20 years.
Victorian Farmers Federation vice president Emma Germano said farms needed to be exempted from the crackdown because farmers were often both employers and employees.
“The heavy-handed legislation introduced by the state government will not improve farm safety; it will only punish grieving families,” Ms Germano said.
“While mourning the loss of a family member, there is now a risk farmers will be further punished with a long, arduous and expensive legal process that may traumatise grieving families and result in 20 years’ imprisonment.”
Workplace Safety Minister Jill Hennessy said the laws — which Labor promised at last year’s state election — were needed because “no person should die at work”.
“All workers deserve a safe workplace and the proposed laws send a clear message to employers that putting people’s lives at risk in the workplace will not be tolerated,” she said.
If passed by state parliament, the criminal offence of workplace manslaughter will be in place by July 1 next year. It will apply to employers and WorkSafe will be charged with investigating alleged incidents.
But business groups have raised concerns about the changes, with Master Builders Victoria chief Rebecca Casson urging the government to apply the law to workers as well as bosses.
“It creates a divisive and unfair safety system where good employers can be held legally responsible for the criminal negligence of rogue employees,” she said.
“Workplace safety is everyone’s responsibility every day — there is no reason to exclude employees.”
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Ms Casson also expressed concern that the laws would threaten the right of employers not to self-incriminate, and questioned whether WorkSafe inspectors would have enough time to be trained to investigate such a complicated criminal offence.
Ms Germano agreed, saying it was “incredibly concerning” that WorkSafe would be the enforcement agency and that Victoria Police was the only “appropriate and properly equipped body to investigate such a serious offence”.
So far this year, 19 Victorians have lost their lives at work.