Boland's Final Review Released - Industrial Manslaughter Recommended

Safe Work Australia has released Marie Boland’s final report into the effectiveness of the model WHS laws, which includes 34 recommendations designed to enhance the WHS framework.

The review found that while the laws are largely operating as intended, there are some changes needed to provide clarity and to drive greater consistency in the application and enforcement of the laws across jurisdictions.

Key recommendations include introducing the offence of industrial manslaughter, increasing penalties overall, making it easier for union officials to enter worksites, and banning insurance against WHS penalties.

Ms. Boland said a new offence of industrial manslaughter was necessary to “address increasing community concerns that there should be a separate industrial manslaughter offence where there is a gross deviation from a reasonable standard of care that leads to a workplace death.”

“More broadly, the ACT and Queensland have already introduced industrial manslaughter provisions, with other jurisdictions considering it, and so this new offence also aims to enhance and maintain harmonisation of the WHS laws.”

Last week, a number of employer groups expressed concerns over the Victorian Government’s proposed industrial manslaughter laws, claiming they would give rise to unintended consequences which impair, rather than enhance, health and safety outcomes (see related article).

Australian Chamber of Commerce and Industry (ACCI) CEO, James Pearson, welcomed the release of the report – particularly the recommendation for more practical and realistic guidance materials – which he says will help small businesses.

“Most of Australia’s workplaces are small businesses and more Australians work in small businesses than in the public sector and larger business combined. So we welcome the recommendations aimed at improving the ability of small business to understand, interact with and implement WHS legislation.”

“Ms Boland’s report recognises that a small or medium sized business is not just a scaled down version of a big business. The recommendations consider separate processes for different sized businesses including new arrangements for appointing health and safety representatives (HSRs) and work groups in small businesses.”

The ACTU also welcomed the recommendation for an industrial manslaughter offence, with Assistant Secretary Liam O’Brien saying “bosses who cut corners and kill workers should go to jail.”

“Australians want urgent action to prevent more workplace deaths. States, territories and the commonwealth need to act to ensure that there are real deterrents in place which will force employers to make sure workplaces are safe.”

The ACTU say the “weight of public opinion” on their side, citing a recent poll from ReachTel that found a significant majority of the Australian population support the introduction of industrial manslaughter laws and an expanded role for unions in ensuring workplace safety.

ReachTel poll

• 58.8% of Australians want new laws which would see employers who are responsible for workplace deaths held accountable and ultimately sent to jail.

• 80.1% want to see significant financial penalties for employers who don’t manage psychological hazards such as bullying and stress.

• 62.5% believe that unions are important to improving workplace health and safety. Of that group, 88% believe that laws should be strengthened to help workers stay safe and work and allow unions to do the job of enforcing workplace safety.

Read Ms. Boland’s complete final report.