The Bill was passed in June and declares that corporations can be fined up to $1.65m and individuals $165,000 or up to five years imprisonment for conduct that contributes to a serious injury or workplace death.
Printing Industries’ national director, employee relations, Greg Parkes says the organisation was one of many to object to the original Bill, which was eventually revised.
The revision allows for a defence where there was reasonable excuse for the conduct causing the accident, but Parkes says the introduction of jail sentences is another reason for NSW businesses to move inter-state. This was a concern Printing Industries had when the law was introduced in the ACT some 12 months ago.
“Losing an employee is tragic enough without facing a possible jail sentence and criminal conviction when the circumstances are beyond control,” says Parkes. “The law aims to cut out the rogues, particularly in industries like construction, but it’s a double edged sword where industries like printing that are doing the right thing get caught up.”
However, Industrial Relations Minister John Della Bosca insists the new Bill will only affect a minority of businesses.
“Only a very small percentage of industrial deaths are caused by a complete disregard for basic workplace and worker safety and common decency. In these instances, the community’s expectation is that if someone is found to be guilty then they will face tough penalties including the possibilities of a jail sentence,” Della Bosca said in a ministerial statement. “The Government is very keen to make sure the Bill is aimed at the very small minority of rogues whose indifference to health and safety in the workplace results in death.”
According to the Victorian Government’s Better Health Channel website, more than 500 people die in a workplace accident each year in Australia.
Under the new Bill, a corporation can be charged, as can a company director or manager if they are personally reckless as to the risk of serious injury or death of another person. It is also possible for a worker to be prosecuted under the new law if their reckless conduct causes the death of another employee.
All prosecutions for a new offence will be heard by the Industrial Relations Commission in Court Session, and those convicted will have the right of appeal to the full bench of the Commission, and if they are sentenced to a jail term, they will also have the right of criminal appeal.
Della Bosca’s appealed to the minority to start paying attention to workplace health and safety. “If you remain indifferent and your conduct results in a workplace death, then you will face the prospect of very severe penalties,” he warned.
