The issue of criminal responsibility for workplace deaths has been a topic of debate in NSW and nationally for many years. Industrial manslaughter laws cover circumstances where either a business or individual is responsible for the death of a person due to negligent or reckless behaviour in the workplace.

In October 2023, the NSW Government announced it would introduce an industrial manslaughter offence in the first half of 2024, carrying severe penalties for serious work health and safety breaches resulting in death. This may apply to directors of a given business.

The NSW Government has invited submissions from the community, including work health and safety experts, business groups, unions, legal stakeholders, and families of people killed at work.

Master Builders NSW has responded to the NSW Government's request for submissions on introducing new industrial manslaughter laws. In our submission, we urge careful consideration of this change to the NSW Work Health and Safety (WHS) legislation. Here's why:

• What is proposed is a duplication of law.
• It is legally misguided to use a safety law for a retrospective punishment of only one outcome of a breach in workplace safety. Such a forensic punishment is better suited to the criminal law where it in fact already and properly resides.
• There is no persuasive evidence put forward that industrial manslaughter laws are either necessary in NSW or that NSW workplaces are less safe than those of other jurisdictions because we do not have an industrial manslaughter law. In fact recent evidence shows that NSW is among the safest of States to work in.

You can download the MBA’s ‘Industrial Manslaughter in NSW’ submission here

Members with questions on this issue are encouraged to contact Master Builders Workplace Relations on (02) 8586 3555.