Starting 1 July 2024, industrial manslaughter is a criminal offence in South Australia. Individuals found guilty of reckless or grossly negligent conduct breaching work health and safety duties, resulting in death.
These laws underscore the serious consequences of compromising worker safety, and aim to ensure that severe breaches leading to death are met with appropriate penalties.
The Industrial Manslaughter provision, added to the Work Health and Safety Act 2012, applies when all of the following are proven:
Penalties include 20 years imprisonment for individuals and $18 million fines for companies. This law applies to persons conducting a business or undertaking (PCBU) and their officers, but not to ordinary workers.
Full details are available on the SafeWork SA website.
If you require assistance in implementing strategies to meet your Work Health and Safety obligations, our team of workplace consultants can help. Find out more here.