With the passing of the Work Health and Safety (Industrial Manslaughter) Amendment Bill in Parliament, industrial manslaughter is now a criminal offence in South Australia.
Individuals can now face a maximum penalty of 20 years imprisonment and $18 million for companies if found reckless or grossly negligent in conduct. This law comes into effect as of 1 July 2024
The introduction of this legislation is an important reminder to employers to ensure that they have adequate work health and safety measures in place and that all of their duty holders are aware of their obligations.
To assist in this process the South Australian Business Chamber has designed a program to outline the key responsibilities of Businesses and provide clarity around the duties of a WHS officer to help ensure due diligence in the workplace.
Responsibilities covered in this course include understanding Work Health and Safety legislation; defining relevant duties within your organisation; enforcing reasonably practicable regulations; understanding codes of practice; and the impact for failing to comply with legal requirements to ensure a safe workplace.
The South Australian Business Chamber advocated strongly on behalf of the business community urging for the changes to not impact the average business owner doing the right thing – this law should rightly remain only for the most abhorrent of circumstances.
Feedback on a draft Industrial Manslaughter bill was provided to the State Government, requesting multiple changes, and urging the Attorney General to release a second draft bill. Most of The Chamber’s concerns were addressed in the second draft, including setting the highest possible bar for Industrial Manslaughter– reckless negligence.
It is due to the new aforementioned training on offer that the South Australian Business Chamber is not concerned that our members will be affected by this legislation.
To learn more about your new obligations, register for our Understanding your Industrial Manslaughter Obligations – Training Course today.
