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In light of the recent changes to Australia’s industrial manslaughter laws, we sat down with Glenn, one of our HazardCo Health and Safety (H&S) experts to break down what these laws mean for building companies and tradies. 

Q: Glenn, what exactly is industrial manslaughter?

Glenn: Industrial manslaughter is a big deal because it means that if a business owner or someone in charge of a worksite doesn’t take safety seriously, and it leads to a worker’s death, they could be held legally responsible. It’s about accountability. If you knew—or should’ve known—that what you were doing (or not doing) could seriously harm someone, and it ends up causing a death, then we’re talking about industrial manslaughter.

Q: So what’s new with these laws? How are they different from before?

Glenn: The big change here is that industrial manslaughter is now a criminal charge—meaning individuals can face serious charges, and potentially be convicted and face prison time if found guilty. It’s a clear message that safety is non-negotiable. With South Australia and NSW putting in place industrial manslaughter laws this year, and Tasmania pending, they will soon be nationwide.  

Q: Who does this law apply to? Is it just for business owners?

Glenn: While business owners are definitely in the spotlight, this law can apply to anyone who has a duty of care on a worksite. So if you’re in a position where you’re responsible for other people’s safety, and your negligence causes a fatality, you could be held accountable. It’s not just about the big bosses; anyone with responsibility for safety needs to be on their game.

Q: Can you give us some examples, Glenn, of how this duty of care might play out on a construction site?

Glenn: Absolutely. In construction, there are plenty of scenarios where this duty of care comes into play. For example, if a site supervisor gives wrong information, tools, or instructions, and a worker is killed, that site supervisor could be facing a charge of industrial manslaughter. It’s the same for contractors—say one builds faulty foundations, and someone ends up getting hurt or worse, that contractor could also be held responsible. And it doesn’t stop there; the PCBU (Person Conducting a Business or Undertaking) might also be on the hook if they didn’t have solid processes in place to ensure the build was up to standard.

Q: What constitutes industrial manslaughter, Glenn? What are the criteria for being charged?

Glenn: To be charged with industrial manslaughter, a few key things need to line up. 

First, you have to be a PCBU or an officer of the PCBU. 

Second, you must have engaged the individual to work on your site. 

Third, you need to be aware of the safety risks they were exposed to. 

Fourth, you didn’t do anything about those known risks—whether it’s changing, communicating, or documenting them. 

And finally, a fatality has to occur as a result of those risks that you were aware of and failed to address. The main thing that really seals the deal here is what’s called “gross negligence.” Legally, it means that if you have a duty of care, know about a risk, and don’t take action, it becomes much easier to prove negligence. It’s not just about being aware of the risk; it’s about failing to act on it.

Q: This all sounds pretty serious, Glenn. Should businesses be worried?

Glenn: It’s serious, but there’s no need to panic if you’re doing the right thing. The key takeaway is that these laws are here to protect workers. If you’re following safety protocols, keeping your worksite safe, and not cutting corners, then you’re on the right track. The law is only a threat to those who ignore their responsibilities. It’s about doing what’s right, not just for the law, but for the safety of everyone on site.

Q: What steps can businesses take to avoid being charged with industrial manslaughter?

Glenn: There are five simple steps that can really help you stay on the right side of the law—and more importantly, keep everyone safe. 

1. Make sure you have a Site Specific Safety Plan for each of your sites, and capture all known risks in that plan. 
2. Ensure that everyone working on the site is properly inducted and that you have copies of their white cards. 
3. Collect signed, site-specific Safe Work Method Statements (SWMS) for each High-Risk Construction Work activity. 
4. Regularly conduct hazard and site reviews to catch risks before they cause harm.
5. Hold regular toolbox meetings to talk with your workers about safety. By doing these things, you’re not just ticking boxes; you’re actively working to prevent fatalities and staying clear of those heavy-duty charges.

If you have any questions get in touch with the HazardCo team today