In 2024, New South Wales introduced significant changes to its Work Health and Safety (WHS) legislation, primarily through the Work Health and Safety Amendment (Industrial Manslaughter) Act 2024. Here’s a detailed overview of these changes and their implications for businesses operating in NSW.
Overview of the Industrial Manslaughter Offence
The most notable amendment is the creation of an industrial manslaughter offence, which introduces severe penalties for breaches that result in the death of a worker. Key elements of this legislation include:
- Definition and Scope: The offence can be committed by persons conducting a business or undertaking (PCBU) and officers of organisations but not by workers. It covers acts or omissions that breach health and safety duties and cause death due to gross negligence.
- Penalties: Convicted corporations can face fines up to $20 million, while individuals can be sentenced to a maximum of 25 years in prison. This is significantly harsher compared to the existing Category 1 offences, which carry penalties of up to 10 years imprisonment and fines up to $10.4 million for corporations.
- No Limitation Period: Unlike other WHS offences, there is no time limit for prosecuting industrial manslaughter cases. This means prosecutions can be initiated at any time following a workplace death (SafeWork NSW)
The Implications for NSW Businesses
Businesses and their officers must take proactive steps to comply with these new regulations. Here are some recommended actions:
- Enhanced Safety Systems: Implement and maintain robust systems for identifying hazards, assessing risks, and putting in place control measures. Regular audits and updates to these systems are essential.
- Due Diligence: Officers must ensure they are actively involved in overseeing health and safety compliance. This includes regular safety meetings, follow-ups on identified issues, and no budgetary constraints on fixing safety problems.
- Training and Communication: Ensuring all employees are aware of safety protocols and their roles in maintaining a safe workplace. Effective communication systems must be in place to convey relevant safety information promptly.
Introduce Practical Steps for Compliance
- Regular Safety Audits: Conduct frequent safety audits to identify and rectify potential hazards.
- Training Programs: Implement comprehensive training programs for all employees, focusing on the updated WHS requirements.
- Documentation and Record-Keeping: Maintain detailed records of safety inspections, incident reports, and corrective actions taken.
- Board Involvement: Ensure that workplace safety is a regular agenda item in board meetings and that senior management is actively involved in safety oversight.
By understanding and adhering to these legislative changes, businesses in NSW can better protect their workers and avoid the severe penalties associated with industrial manslaughter offences. For more detailed guidance or complying with these new regulations, contact Zokal now.