News

On 23 October 2017, industrial manslaughter provisions in the Work Health and Safety Act 2011 (WHS Act), Electrical Safety Act 2002 (ES Act), and Safety in Recreational Water Activities Act 2011 (SRWA Act) commenced.

These provisions make it an offence for a person conducting a business or undertaking (PCBU), or a senior officer, to negligently cause the death of a worker. In particular, the offence applies if:

• A worker dies, or is injured and later dies, in the course of carrying out work for the business or undertaking (including during a work break); and
• The PCBU’s, or senior officer’s, conduct cause the death of the worker (i.e. the action or inaction of the PCBU, or senior officer, substantially contributes to the death); and
• The PCBU, or senior officer, is negligent about causing the death of the worker (i.e. the person’s action or inaction departs so far from the standard of care required).

Where a PCBU, or senior officer, commits industrial manslaughter, a maximum penalty of 20 years imprisonment for an individual, or $10M for a body corporate, applies.

Who is a PCBU?

For the purposes of the industrial manslaughter offence, a PCBU has the same meaning as applies under section 5 of the WHS Act or section 21 of the ES Act. For example, a PCBU can be a sole trader, a partnership, company, unincorporated association or government department.

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