Andrea Madeley welcomes enactment of tough new industrial manslaughter laws 20 years after the death of her son, Daniel
The mother of a 18-year-old who died in a workplace incident has welcomed new laws that mean employers face up to 20 years in prison if they are found to have caused the death of a worker.
The mother of a 18-year-old who died in a workplace incident has welcomed new laws that mean employers face up to 20 years in prison if they are found to have caused the death of a worker.
Tough new industrial manslaughter laws, which take effect Monday, mean employers can personally be punished if they are found to have committed a reckless or grossly negligent breach of health and safety.
Employers can also be punished with fines of up to $18m.
Andrea Madeley, whose son Daniel died in a workplace incident in 2004, said the penalties were appropriate.
“I cannot overstate the gruelling and punishing impact on a family after a loved one is killed at work. They will be handed a life sentence immediately. They do not get to
choose,” she said.
“Every single workplace in South Australia is required by law to manage the safety risks that it exposes its workers to. They do not get to choose.
“The most serious and devastating of outcomes, justifies the most serious of punishments. End of story.”
Attorney-General Kyam Maher said every worker in South Australia has the right to come home safely to their families and loved ones at the end of each day.
“Making industrial manslaughter a criminal offence puts dodgy operators on notice and reminds them significant penalties await if they fail to protect their workers,” he said.
“I pay tribute to the work of the families of victims who have campaigned for industrial manslaughter laws over many years.”
The new laws fulfil an election commitment of the Labor government and bring South Australia into line with other states and territories across Australia.
SafeWork SA is spearheading a statewide awareness campaign to ensure employers understand the consequences of failing to protect workers’ health and safety.
The new laws do not impose any extra health and safety obligation but ensure that severe penalties are available in cases where a worker is killed through a breach of existing laws.
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SafeWork SA executive director Glenn Farrell said it was imperative that employers maintain high standards in protecting their workers.
“The introduction of higher order penalties, including jail time, for acts of gross neglect and recklessness, should deter those who may disregard their work health and
safety obligations and refocus them on their duty to provide safe workplaces,” he said.
Originally published as Andrea Madeley welcomes enactment of tough new industrial manslaughter laws 20 years after the death of her son, Daniel
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