Posts: PCBU

In a recent decision of the NSW District Court, a sole trader has been convicted and fined $100,000 for breaching his health and safety duty under the Work Health and Safety Act 2011 (Cth), which resulted in workers being exposed to a risk of death or serious injury.

On 20 June 2024, the New South Wales Parliament passed legislation to include a new criminal offence of industrial manslaughter under work health and safety legislation.

Earlier this month, SafeWork NSW announced a three-year work health and safety strategy focusing on psychological health and safety.

Various Australian jurisdictions have been slowly introducing an offence of industrial manslaughter, dealing with workplace fatalities that arise as a result of negligent conduct by a person conducting a business or undertaking or its officers.

Under work health and safety legislation, persons conducting a business or undertaking have duties to ensure, so far as reasonably practicable the health and safety of workers in the workplace. It is also accepted that workplace bullying is a risk to health and safety of workers which needs to be managed as any other health and safety risk.

When setting a penalty for breaches of work health and safety obligations, the Courts will look at the need for specific deterrence against the offender and also the need for general deterrence for employers and the particular industry.