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's controversial 67-page WHS Bill passed Parliament last night, with amendments explicitly excluding lack of intent as a defence against the new industrial manslaughter offence.
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.
Queensland employers and their OHS managers will need to get their heads around even more new safety legislation, with chain of responsibility and FIFO Bills passing Parliament last night.
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.
Harmonised rail safety laws will apply in every state and territory within four months, after a mirror National Law Bill passed Queensland Parliament last night.
Two company directors could be jailed for up to five years, after they and their respective businesses became the first entities charged with reckless conduct under Queensland's WHS laws.
