Industrial Manslaughter
What is Industrial Manslaughter
Industrial manslaughter laws in Australia vary by jurisdiction, but they generally apply when an employer negligently or recklessly causes the death of a worker in the course of the worker’s employment.
We would recommend that you make yourself familiar with the applicable laws in the State or Territory that you operate your business in.
Below we have included a brief background into some prosecutions involving Industrial Manslaughter. What is clear is that it is not only the business that prosecutors are going after, but they also prosecute those in charge or those that have responsibilities under the relevant OHS legislation.
These examples are very real risks for business and for those that operate a business or have a role in the decision-making process.
We would recommend that all businesses should engage assistance in relation to OHS and the management of employees.
Salt Legal can assist employers with all their OHS requirements.
Examples of Recent Decisions
Western Meat Exporters Pty Ltd (QLD)
The independent Work Health and Safety Prosecutor, Mr Aaron Guilfoyle, has charged Western Meat Exporters Pty Ltd and its sole director, Campbell McPhee, with industrial manslaughter under the Work Health and Safety Act 2011 in relation to an incident at Charleville (QLD) in July 2019. It is alleged a worker sustained fatal injuries at an abattoir operated by the defendant company.
The maximum penalty for industrial manslaughter by a corporation is a fine of $10 million. The maximum penalty for individuals is 20 years imprisonment.
Mr Guilfoyle has also charged Western Meat Exporters Pty Ltd and Mr McPhee with Category 2 offences under the Work Health and Safety Act for breaching health and safety duties and exposing workers to a risk of serious injury or death. The charges arise from the same incident and carry maximum penalties of a $1.5 million fine and $300,000 fine respectively.
Orko Fertilizers Pty Ltd (QLD)
Prosecution against Orko Fertilizers Pty Ltd and three officers arising from the death of a worker on 10 March 2020.
Orko Fertilizers Pty Ltd has been charged with industrial manslaughter. It is alleged that a worker was fatally injured at a Narangba factory operated by the defendant company.
The Work Health and Safety Prosecutor (QLD) has also charged Orko Fertilizers Pty Ltd Chief Executive Officer, and two former directors, with Category 2 offences under the Work Health and Safety Act 2011 following the investigation into the fatality.
It is alleged the defendants breached their respective health and safety duties and exposed workers to a risk of serious injury or death.
MT Sheds (WA)
The director of MT Sheds, a Western Australian company, has become the first employer to be sentenced to jail for a workplace health and safety incident under WA’s workplace health and safety laws. He was convicted after pleading guilty to a charge of gross negligence that resulted in the death of a 25-year-old worker, and seriously injured another, in March 2020.
For background, in October 2018 the Western Australian government bolstered its occupational safety and laws following decade-long calls from unions and the families of victims of workplace accidents resulting in death. Under these laws, MT Sheds faced a maximum penalty of $2.7 million and the director faced a maximum penalty of a term of imprisonment for five years.
The director was sentenced to two years and two months in jail. He has to serve the first eight months immediately – the remaining sentence is suspended for 12 months. He will be eligible for parole at the four-month mark.
On top of this, his company has been fined $605,000 for safety breaches and the director has also been instructed to pay a personal fine of $2,350 for operating a crane without a licence.
Stonemason (VIC)
WorkSafe has charged the director of a stonemasonry business with workplace manslaughter after a sub-contractor was fatally crushed at a Somerton factory in October 2021.
The 45-year-old director is facing a single charge under section 39G (1) of the Occupational Health and Safety Act.
Subscription/Panel/Inhouse Services
At Salt Legal, we are always looking at ways to improve on the types of services we provide and the way in which we engage with our clients.
While exploring these, it was identified that some clients were keen to explore the idea subscription/panel/inhouse options of engagement. These types of arrangements allow clients a greater flexibility in engaging a law form and allows their employees to simply access legal assistance as required.
The way this works is simple, we agree on the length and duration of services you are seeking and a fixed and agreed fee, which can be invoiced weekly, monthly, yearly or task/matter based.
These services essentially place a lawyer in your business, one who develops an understanding of your business and a relationship with your employees.
If you think this might be something that interests you, please do not hesitate to contact us for further details.
At Salt Legal, we provide advice and assistance to client in all areas of:
· Employment law.
· General business and commercial law or disputes.
· OHS.
· Equal opportunity.
· Workers’ compensation,
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