State business body insists unintended outcomes must be avoided
Hard on the heels of Queensland’s first industrial manslaughter prosecution, the Victorian government has introduced a similar law to its Parliament.
The move has been met with a Victorian Chamber of Commerce and Industry (VCCI) call for lawmakers to proceed with the utmost care and its concern that the weight of the new law will fall disproportionally on small business.
The VCCI fears that, if passed as drafted, the law risks failing to create safer workplaces while imposing fines of around $16 million and up to 20 years jail for employers responsible for negligently causing death.
“With such significant penalties it is vital that the Government gets this law right,” VCCI chief executive Mark Stone says.
“The new law must have safety as its number one objective and be workable, proportionate, fair, support continuing collaboration on safety and avoid unintended outcomes.
“Victorian employers and employees have a shared responsibility for safety by working together. This collaborative approach is working.
“We have worked closely with the Government to inform the development of this bill. However, we are not confident that the full range of potential consequences of this legislation has been fully considered.
Employer groups have proposed jointly a number of “sound and workable improvements” to the drafting of the legislation that would have enhanced its safety objectives.
“We consider that without some changes the legislation may result in unintended consequence and have detrimental effects on safety, investment and jobs,” Stone says.
“Once introduced, a workplace manslaughter offence should apply to anyone who has engaged in criminally negligent conduct resulting in death, not just organisations and senior officers.
“Including employees can only improve safety outcomes.
“We consider that the laws will disproportionately impact small business.
“Put simply, the operators of smaller enterprises are more likely to have a ‘hands on’ role in the business. Overseas experience has shown that they will likely bear the brunt of these laws.
“We need laws that that are equitable and that do not just target small business.”
Read about the Queensland industrial manslaughter prosecution, here
The VCCI also seeks more education and support for business to help them focus on prevention and provide the safest possible workplaces, and for WorkSafe to ensure its officials are prepared to manage the complexities of a manslaughter case.
Currently, manslaughter investigations are conducted by highly trained Victoria Police officers, it says.
In announcing the move, workplace safety minister Jill Hennessy notes that the new law was an election promise.
“All workers deserve a safe workplace and the proposed laws send a clear message to employers that putting people’s lives at risk in the workplace will not be tolerated,” Hennessy says.
“I cannot begin to imagine the pain felt by the families who have lost a loved one at work.”
The government says the offence will fall under the Occupational Health and Safety Act 2004 (OHS Act) and will apply to employers, self-employed people and ‘officers’ of the employers.
“The legislation will also apply when an employer’s negligent conduct causes the death of a member of the public – ensuring that all Victorians are safe in, and around, our workplaces,” it says.
“WorkSafe Victoria will investigate the new offence using their powers under the OHS Act to ensure employers can be prosecuted – making clear that putting people’s lives at risk in the workplace will not be tolerated.”