In a significant move to enhance workplace safety, the New South Wales government passed legislation in June introducing an industrial manslaughter offence, following the introduction of the Work Health and Safety Amendment (Industrial Manslaughter) Act 2024 into the Legislative Assembly. The industrial manslaughter provisions will commence on a day to be appointed by proclamation.

Work Health and Safety Minister Sophie Cotsis emphasized that this legislation empowers prosecutors to hold businesses or individuals accountable for deaths resulting from gross negligence in the workplace. The legislation introduces significant penalties for violations, including up to 25 years imprisonment for individuals and fines up to $20 million for companies. 

To support the enforcement of this new offence, a specialised unit will be established within the NSW Office of the Director of Public Prosecutions.

Minister Cotsis clarified that the new law does not introduce additional work health and safety obligations or duties for employers. Instead, it creates a robust new offence aimed at deterring unsafe practices and bolstering accountability. The legislation will come into effect on a date to be set and is subject to review after 18 months to assess its impact and effectiveness.

According to Workplace Express' associate publication, OHS Alert, Victoria currently holds the record for Australia’s highest maximum safety fine, set at 100,000 penalty units, which translates to just over $19.2 million for the 2023-24 period for workplace manslaughter. Notably, the maximum fine for NSW’s industrial manslaughter offence will not be linked to a penalty unit number, meaning it will remain constant and not increase with the Consumer Price Index (CPI).

This new legislation brings NSW in line with industrial manslaughter offences implemented in other jurisdictions, closely mirroring the approach adopted in Victoria, contributing to a consistent approach to workplace safety.

ACRS strongly supports legislation that promotes the safety and wellbeing of workers in the steel industry, as well as in the broader construction and related industries. 

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