Western Australia has taken a critical step closer to implementing industrial manslaughter laws and joining the harmonised WHS regime, with its Work Health and Safety Bill 2019 passing the Upper House with amendments last night.
The South Australian Greens have reintroduced a Bill to create a new offence of industrial manslaughter, but with a maximum fine of $13 million, well above the $1 million it proposed last year.
"Work status" provisions in WHS and employment laws should be amended and aligned to remove disincentives to the provision of safety protections for gig workers and others, according to an inquiry, which is likely reignite calls for Victoria to adopt the model WHS Act.
In a significant development, given the recent safety scandals involving the importation and use of asbestos-containing materials, the model WHS Act has been amended to make it mandatory for regulators to issue notices when they believe "prohibited asbestos" is present at a workplace, with maximum fines of $500,000 for those that fail to comply with a notice.
The national inquiry into workplace s-xual harassment has recommended the model WHS laws be amended to control psychosocial risks, in line with the Boland review, and that a WHS Code of Practice on s-xual harassment be developed.
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.
