Employers face up to 20 years in prison if they are found to have caused the death of a worker through a reckless or grossly negligent breach of health and safety, under new industrial manslaughter laws.
Employers can also be punished with fines of up to $18 million.
The new laws – effective from 1 July 2024 – make industrial manslaughter a criminal offence and put employers on notice that the most serious health and safety breaches now carry severe penalties.
SafeWork SA is now leading a statewide awareness campaign, including extensive print and digital advertising, to ensure employers understand the consequences of failing to adequately protect workers’ health and safety.
SafeWork SA inspectors are working with high-risk industries, including agriculture, construction, road transport and manufacturing to reinforce the need to maintain rigorous safety standards.
A person commits industrial manslaughter if:
- they have a health and safety duty under the Work Health and Safety Act
- they engage in conduct that breaches that duty
- the conduct causes the death of an individual to whom that duty is owed, and
- the person engages in the conduct with gross negligence or is reckless as to the risk to an individual of death or serious injury or illness.
The new laws do not impose any additional health and safety obligations on businesses or workers. Instead, they ensure that if a worker is killed through a breach of existing laws then severe penalties are available.
Making industrial manslaughter a criminal offence fulfills a key State Government election commitment and brings South Australia into line with other states and territories across Australia.