NSW introduces industrial manslaughter penalties: What does this mean for your organisation?
Insights.
Employers in NSW now face potential imprisonment and fines of up to $20 million for industrial manslaughter. In this blog, we unpack the implications of this new law and how it interacts with employee mental health and wellbeing.
The Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 represents a significant shift in workplace safety legislation in New South Wales. The amendment aligns NSW with other Australian states and territories, such as Queensland, Victoria, the ACT, and the Northern Territory. NSW's penalties are among the strictest, with up to 25 years’ imprisonment for individuals and fines of up to $20 million for corporations.
“While the legislation introduces an offence of industrial manslaughter to deter unsafe practices and strengthen accountability, it does not create new obligations or duties for employers. Instead, it heightens the consequences for failing to uphold existing work health and safety standards.”
Maddison Turansky, Legal Counsel at Sonder
Industrial manslaughter cases in Australia
Industrial manslaughter laws hold employers accountable for fatalities resulting from negligence or unsafe practices. In Australia, there have been notable cases where companies have faced severe consequences:
- In 2020, the first conviction of industrial manslaughter in Australia involved Brisbane Auto Recycling. The QLD company was found guilty after a worker was struck and killed by a forklift operated by an unlicensed worker. The investigation revealed a lack of safety policies and training, resulting in a $3 million fine for the company.
- In 2021, MT Sheds was the first company convicted under WA’s industrial manslaughter laws. A worker was electrocuted when he came into contact with overhead power lines while constructing a shed. The court found that MT Sheds failed to implement adequate safety measures and risk assessments to prevent such an incident. The sole director of the company was jailed for eight months and his company was fined $605,000.
“The industrial manslaughter cases that we’ve seen so far highlight the significant legal and financial risks companies face when failing to provide a safe work environment.”
Maddison Turansky, Legal Counsel at Sonder
The link between mental health and industrial manslaughter
Supporting employees’ psychological health and safety is integral to preventing incidents that could result in industrial manslaughter charges. Here’s how:
- Preventing accidents and fatalities: Poor mental health can impair an employee’s focus and decision-making, increasing the risk of workplace accidents. By prioritising mental health and providing proactive support, employers can reduce the risk of such accidents.
- Creating a culture of safety: When employees are engaged and feel supported and valued, they are more likely to adhere to safety protocols and report potential hazards. A proactive approach to wellbeing, including open communication about mental health, contributes to a safer workplace and demonstrates an organisation’s commitment to its duty of care.
- Addressing work-related suicide: Work factors like stress and bullying can contribute to an employee's mental ill-health. While Australian industrial manslaughter cases have not yet directly involved suicides, there have been relevant cases in other countries, including France and Japan. Australian companies, such as the Victorian Building Authority, have also been charged for work-related suicide under work health and safety laws.
“The new industrial manslaughter penalties serve as a powerful reminder that mental and physical health in the workplace are inseparable, and a failure to uphold high standards for both can lead to significant consequences”.
Maddison Turansky, Legal Counsel at Sonder
Putting it into practice
To comply with the new legislation and support employee wellbeing, organisations should consider the following actions:
- Conduct regular risk assessments: Organisations should regularly review their work health and safety risk assessments to identify emerging hazards, mitigate risks, and ensure effectiveness of controls. To find out more about managing psychosocial risks, read Sonder’s guide here.
- Implement training programs: Organisations should equip leaders and workers with the skills to identify and respond to safety concerns and mental health issues. This includes recognising signs of burnout and stress. Sonder’s Resource Hub has over 500 videos, articles and audio experiences that can help managers identify and address potential issues before they escalate.
- Foster psychological safety: Organisations should encourage a workplace culture where discussing mental health issues is normalised, reducing stigma and promoting early intervention.
- Enhance communication systems: Organisations should establish clear channels for reporting concerns related to mental health and safety and systems for keeping track of trends. Sonder’s dashboard can provide leaders with insights on employees top concerns and their most accessed resources to support informed wellbeing strategies.
How Sonder can help with employee health and safety
Putting the right support in place is key to supporting employee health and safety. Through Sonder, your employees can access tailored learning and self-help resources, including content dedicated to self-harm and suicide, workplace injuries, and disorders such as anxiety and depression. Beyond content, Sonder provides 24/7 personal safety, mental health and medical support.
Employers can be confident that they’re offering their employees comprehensive and accessible wellbeing and safety support while remaining compliant with the latest legislation and fair work practices.
Ready to improve risk management and enhance employee health and safety?
Sonder is an employee health and safety platform that provides the right care at the right time for personal safety, medical, and mental health needs. The Sonder app offers 24/7 immediate connection to expert support via chat or call, personal safety tools like smart check-ins and journey tracking, and access to wellbeing resources such as personal assessments and self-care content.
For more information about how Sonder can help you reduce people related risks and costs, ensure compliance, and build a resilient, productive workforce, we invite you to contact us here.
About Sonder
Sonder is a technology company that helps organisations improve the wellbeing of their people so they perform at their best. Our mobile app provides immediate, 24/7 support from a team of safety, medical, and mental health professionals - plus onsite help for time-sensitive scenarios. Accredited by the Australian Council on Healthcare Standards (ACHS), our platform gives leaders the insights they need to act on tomorrow's wellbeing challenges today.
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