After being flagged in the State budget more than seven years ago, Western Australia has finally introduced a mirror WHS Bill, which includes a two-level industrial manslaughter offence and a new duty of care for "WHS service providers". Meanwhile, the Northern Territory's industrial manslaughter laws have passed Parliament.
NSW has jumped the gun on the other harmonised jurisdictions by introducing a WHS Amendment Bill that increases fines through a penalty unit system, prohibits insurance against safety fines and facilitates work-related manslaughter prosecutions.
The Federal Court has rejected a claim that unions don't need entry permits to enter sites to attend "discussions" on safety issues under the dispute resolution provisions of WHS laws.
Western Australia has announced a two-level industrial manslaughter offence, revealed plans to beef up its safety inspectorate and released a draft WHS framework. Meanwhile, Victoria has introduced a new reckless conduct offence with $6.4 million fines for employers.
A new impact statement on the recent review of the national model WHS laws has warned that some recommendations could increase compliance costs with minimal safety benefits, including the recommendation to include the hierarchy of controls in the Act.
> Should HSRs' offshore powers be aligned with WHS Act? > Manager charged over belittling language and other bullying; and > Major employer and others charged with multiple WHS breaches.
Organisations must reassess how they interact with WHS regulators and ensure officers are complying with their due diligence obligations, with the push for industrial manslaughter laws "sweeping the nation", according to a senior health, safety and security lawyer.
The South Australian Greens are introducing a WHS Amendment Bill to create the offence of industrial manslaughter with an "emergency" defence, while Federal Labor has hinted at plans to better harmonise WHS laws, in addition to introducing the offence nationally.
A judge has upheld a $9,000 fine in the first (and "somewhat curious") prosecution involving the WHS duty to "consult workers". He also disagreed with a landmark finding that Queensland's WHS fines should be consistent with those in the other harmonised jurisdictions.
WHS amendments prompted by the Dreamworld disaster are commencing in Queensland in eight weeks, while the national model WHS laws could be amended to prevent devices covered by a prohibition notice in one jurisdiction being transferred to and used in another.
