The model WHS laws could be amended to increase the focus on psychological health, with the public consultation process for the ongoing review of the laws identifying widespread concerns over this issue and the absence of a "notification trigger" for psychological injuries.
Safe Work Australia has launched the public consultation process for the review of the model WHS laws, posing 37 questions for discussion and pointing to the reasons why industrial manslaughter provisions weren't included in the Act.
New industrial manslaughter laws that could be adopted nationally are clearly intended to cover a broader range of people than the WHS Act's due diligence obligations, and breaches will be far easier to prove than category 1 offences, according to safety and employment lawyer Katherine Morris.
WHS amendments that recently passed in Queensland and will be pushed nationally effectively mandate risk management, while the industrial manslaughter provisions "create conflict" in the operation of the WHS Act, according to leading health and safety lawyer Michael Tooma.
Queensland will push for industrial manslaughter provisions and other safety amendments to be adopted nationally during the upcoming review of the model WHS Act, a parliamentary committee inquiry has revealed.
In an important decision under the model WHS laws, a court has found that a Queensland employer's fatality-related fine should have been nearly three times higher than the one imposed, after examining cases from other harmonised jurisdictions.