Organisations and individuals can now be criminally liable for Industrial Manslaughter under an amendment to the Work Health and Safety Act 2012 (Tas) (the Act) in Tasmania.

On 11 September 2023, the Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 (Tas) was passed by the Tasmanian Parliament, making Tasmania the last state to introduce industrial manslaughter as an offence.

A person commits industrial manslaughter if they cause the death of a worker at the workplace due to negligent conduct, and that person is a responsible person in the workplace or has a health and safety duty in respect of either the workplace or the worker.

The meaning of ‘responsible person’ includes: 

• A person conducting a business or undertaking (PCBU), such as employers, corporations, sole traders, businesses, state and local governments;
• The officers of a PCBU, such as directors;
• A person with management of control of a workplace;
• A person with duties involving management or control of fixtures, fittings or plant at workspaces, designers, manufacturers or suppliers of plant, and persons that install, construct or commission structures; and
• A person of a prescribed class under the Work Health and Safety Regulations.
• Organisations and individuals that are classified as a ‘responsible person’ will be held accountable for acts or omissions that result in workplace deaths under the offence. Volunteers are an exception.
• The offence is not intended to apply to middle management or senior workers who do not have the power or resources to improve safety.
• Penalties

Industrial Manslaughter carries significant penalties. Under the new legislation an individual found guilty of the offence faces a maximum penalty of 21 years in jail and a body corporate will face fines of up to $18 million.

What does this mean for workplaces?

Whilst the penalties for industrial manslaughter are substantial, the offence does not impose any additional work health and safety duties.

Employers and people who are at the highest level of organisations should continue to comply with the existing work health and safety duties under the Act. Systems need to be in place to ensure that employees and people on worksites are aware of, and work in accordance with, all work health and safety requirements. It is vital that organisations proactively engage in reviews and audits of work health and safety systems to ensure that all relevant standards are being meet by the organisation.  

Taking these steps will help mitigate the risk of fatalities in the workplace. Failing to do so may result in you or your organisation being held criminally liable and facing significant fines or imprisonment.

If you would like further information about implementing and reviewing work health and safety systems for your organisation, please contact our team.