Proposed industrial manslaughter laws would jail rogue bosses and fine negligent companies millions of dollars

Dodgy bosses found responsible for killing a worker could be jailed and their company fined millions of dollars, under a landmark overhaul of South Australian law.

Dodgy bosses found responsible for killing a worker could be jailed and their company fined millions of dollars, under a landmark overhaul of South Australian law.

The state government will on Tuesday unveil new “industrial manslaughter” legislation that makes fatal workplace mishaps a criminal offence for the first time.

In a new crackdown subject of two months consultation, rogue business owners or managers would be charged if recklessness or gross negligence “substantially contributes to a death”.

The work, health and safety changes – drafted with business and union input and to be put to parliament early next year – has a maximum individual jail term of 20 years and a $15m company fine.

This photograph – selected by her mother – is of Malaysian national Adelene Leong. Adelene died after being flung from the Airmaxx 360 ride at the Royal Adelaide Show 2014. Picture: Supplied by family via SA Police

Only workplace incidents are covered, meaning it would not be subject to deaths such as Adelene Leong’s.

The Malaysian schoolgirl, 8, died at the Royal Adelaide Show in September 2014 after she was flung 10m from the Air Maxx 360 ride while on holiday.

Prosecutors declined to pursue manslaughter charges against the ride owners.

Jorge Castillo-Riffo, 54, was fatally crushed two months later while on a scissor lift during construction work on the $2bn Royal Adelaide Hospital project.

SafeWork SA dropped charges against lead contractor HYLC and employer SRG Building before trial.

Mr Castillo-Riffo’s partner Pam Gurner-Hall, 66, of Aldinga, has since advocated for tougher laws.

“We need a deterrent and there’s none – the stronger the better,” she said on the eighth anniversary of his death.

“It’s a significant thing – it’s a very poignant time for me and my family and our friends.”

Construction worker Jorge Castillo-Riffo, 54, died in November 2014 after he was crushed while using a scissor lift in a confined space at the Adelaide Royal Adelaide Hospital site. Picture: Supplied by family

In response to inquiries, Attorney-General Kyam Maher said an “overwhelming majority” of firms take safety seriously but the laws would punish serious workplace failings.

“Every South Australian deserves to be safe at work and come home to their families and loved ones at the end of each day,” he said.

“While tragic workplace accidents do occur from time to time, it’s not an accident when people deliberately cut corners and place worker’s lives at risk.

Pam Gurner-Hall at the memorial garden in memory of her late partner Jorge Castillo-Riffo who died after an incident at the new RAH site in November last year. Picture by Matt Turner.

“It’s a crime and it will be treated like one. These laws are designed to catch dodgy operators who are reckless or grossly negligent with their workers’ health and safety, and ensure there is an appropriate penalty for this behaviour.”

SafeWork SA, which has issued two urgent building safety alerts in a fortnight, will handle cases and charges prosecuted in the Employment Tribunal.

Currently the safety watchdog investigates serious incidents as a Category 1 offence under the Work Health and Safety Act. Body corporates face a $3 million maximum fine and an individual 5 years imprisonment.

There are differing industrial manslaughter penalties around Australia except NSW and Tasmania.

Kyam Maher will launch the proposed laws on Tuesday. Picture: Roy VanDerVegt

SA Unions secretary, Dale Beasley, said a $15 million fine was “more like a speeding ticket” for a $1bn project.

“It’s not about beating up on bosses, it’s about sending the message that workers’ lives aren’t a line item on a balance sheet.” he said.

Opposition spokesman Matt Cowdrey said: “We support all South Australians feeling safe at work and will carefullyreview the Bill before consulting with industry.”

The draft legislation is open for public comment until early February.

Originally published as Proposed industrial manslaughter laws would jail rogue bosses and fine negligent companies millions of dollars