Industrial Manslaughter

Industrial manslaughter… does it effect you? short answer, YES. every WA workplace.

WA WHS Act 2020
replaces the current Occupational Safety and Health Act 1984. It is the first major overhaul in over 30years.

The major changes being 
  • Increased Penalties
    • All penalties have increases, particularly for industrial manslaughter
  • Person Conducting a business or undertaking (PCBU) & Worker
    • even if you don’t directly employ people or person working in your business, does not mean you will be safe from prosecution
  • Industrial Manslaughter
    • Courts will no longer have to convict the company to prosecute a company officer
  • Positive due diligence
    • even if an accident hasn’t occurred, if a company officer shows they have not met their obligations of due diligence they can be prosecuted
  • Insurance
    • if your personally prosecuted the dollar figure has to come from your own pocket.Insurance may pay your legal fees
  • WHS Advisors
    • External WHS advisors can be prosecuted in the same way as a business owner

It may seem daunting but that’s why we have developed our sessions and courses. To make it easier to understand.

Western Australia – Work Health and Safety Bill 2019

Criminal Code Amendment (Industrial Manslaughter) Bill 2017

%d bloggers like this:
search previous next tag category expand menu location phone mail time cart zoom edit close