The Influence of Industrial Manslaughter Legislation
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Hi everyone, and welcome to this week’s edition of Before the Audit.
Last week, we delved into the intricacies of OSHA compliance, focusing on its critical importance and impact on American workplaces. As businesses across the United States strive to meet stringent safety standards, understanding OSHA's regulations remains paramount.
This week, we shift our focus to the other side of the globe, exploring the evolving landscape of Industrial Manslaughter laws in Australia. With these new laws placing significant emphasis on director's personal liability, it's crucial for leaders and safety managers to grasp the implications and ensure compliance. Stay with us as we unpack these pivotal changes and their impact on workplace safety down under.
The Agenda:
Why is Industrial Manslaughter Legislation Important?
Do Changes in Legislation Actually Reduce Workplace Fatalities?
eBook: Industrial Manslaughter - Understanding Your Personal Risk
What Influences Change in Industrial Manslaughter Legislation?
Why is Industrial Manslaughter Legislation Important?
In recent years, there has been a growing push for stronger industrial manslaughter legislation in Australia. This push has been driven by a number of factors, including a rising awareness of workplace safety issues, a growing concern for worker rights and welfare, and a recognition of the devastating impact that workplace fatalities can have on families, communities, and society as a whole.
Industrial manslaughter legislation provides a legal framework for holding companies and individuals accountable for workplace fatalities. Why is this Important?
This can act as a powerful deterrent, encouraging employers to take workplace safety seriously and to prioritize the health and well-being of their employees.
It can provide closure and justice for the families and loved ones of those who have died as a result of workplace negligence.
It can help to create a safer, more equitable workplace culture, which benefits employees, employers, and society as a whole.
Do Changes in Legislation Actually Reduce Workplace Fatalities?
There is evidence to suggest that stronger workplace safety laws and regulations can have a positive impact on reducing workplace fatalities and injuries.
The Australian Bureau of Statistics released the work-related injuries data for 2021-22.
The data showed that for those who worked at some time during the year:
Around 3.5% of people had a work-related injury or illness. This was down from 4.2% four years earlier and down from 6.4% back in 2005-06.
Most work-related injuries occurred in the workplace (91%). 6% of injuries occurred while travelling on business, travelling to or from work, or while on lunchtime or break activities. Only 1% of work-related injuries occurred while working from home.
Of those who experienced a work-related injury in 2021-22, 88% reported it to someone in the workplace.
31% received workers compensation for the injury or illness. Encouragingly, this was an increase from 27% in 2017-18.
In Queensland, where industrial manslaughter legislation was introduced in 2017, there has been a notable increase in prosecutions and fines for workplace safety breaches. While it is too early to draw conclusions about the impact of the legislation on workplace fatalities, some experts have suggested that it has helped to create a greater sense of accountability among employers and to encourage a more proactive approach to workplace safety.
Similarly in Victoria, changes to workplace safety legislation in 2004 were credited with a significant reduction in workplace fatalities in the years following the reforms. According to a report by Safe Work Australia, between 2002 and 2004, there were 61 workplace fatalities in Victoria. By 2012, this number had fallen to 18, representing a 70% reduction in fatalities.
The Australian Capital Territory has also had Industrial Manslaughter legislation since 2004. Subsequently, they have had the lowest number of workplace fatalities and the lowest fatality rate per 100,000.
Overall, while it is difficult to directly attribute reductions in workplace fatalities to changes in industrial manslaughter legislation, there is evidence to suggest that stronger workplace safety laws and regulations can have a positive impact on reducing workplace fatalities. However, ongoing monitoring and evaluation is necessary to ensure that these laws and regulations are effective in practice and are achieving their intended outcomes.
Check out our comprehensive whitepaper
As a director, the industrial manslaughter laws in Australia now loom larger than ever. These laws position personal accountability at the forefront of workplace safety, exposing you to significant criminal liabilities should negligence under your watch lead to a fatal incident.
Discover in our whitepaper:
The Legal Framework across Australia
Director Liabilities and Responsibilities
Critical Analysis of 2 Case StudiesR v Brisbane Auto Recycling Pty LtdThe Conviction of Jeffery Own
How to Reduce Your Personal Liability
Discussion Piece: What Influences Change in Industrial Manslaughter Legislation?
Ultimately, it shouldn’t be up to a workplace fatality to finally make the state implement the legislation. And in reality, it clearly doesn’t. However, there are a number of factors that can influence change in industrial manslaughter legislation.
Public Pressure:
One of the biggest drivers of change in industrial manslaughter legislation is public pressure. When there is a high-profile workplace fatality that captures the public's attention, there is often a groundswell of demand for action from lawmakers. This can take the form of protests, petitions, and media coverage, which can all help to raise awareness of the issue and put pressure on politicians to take action.
Political Will:
Changes to industrial manslaughter legislation also require political will. This means that politicians and policymakers must be motivated to take action on this issue, and be willing to invest the time, resources, and political capital necessary to drive change. This can be influenced by a range of factors, including election cycles, party platforms, and public opinion.
Industry Engagement:
Another factor that can influence change in industrial manslaughter legislation is industry engagement. This refers to the extent to which industry stakeholders, such as employers, trade unions, and industry associations, are willing to engage in the legislative process. If these groups are supportive of stronger workplace safety regulations, they can provide valuable input and support to lawmakers, which can help to shape legislation and ensure its success.
International Standards:
Finally, changes to industrial manslaughter legislation can be influenced by international standards and best practices. Australia is part of a global community, and as such, there are often opportunities to learn from other countries and to adopt international standards and conventions. This can help to ensure that Australia remains competitive, while also providing valuable guidance on how to improve workplace safety and reduce workplace fatalities.
