It was a little over 2 years ago that the Queensland State Government introduced the industrial manslaughter provisions into the Workplace Health and Safety Act 2011.
Section 34 of that legislation stipulates the potential offences committed by, and the penalties imposed apon, persons conducting a business and the senior officers of that businesses in the event of a workplace death. Those legislative provisions are noted below.
The Minister for Education and Minister for Industrial Relations, Ms Grace Grace announced on 25 October 2019 the she has been advised by the Workplace Health and Safety Prosecutor that he has commenced industrial manslaughter and reckless conduct proceedings against Brisbane Auto Recycling Pty Ltd and its company directors as a result of a workplace death.
On 17 May 2019, a worker was killed when hit by a reversing forklift at his place of employment with Brisbane Auto Recycling Pty Ltd. After considering the circumstances of the tragedy the Prosecutor has stated:
“This the first prosecution for industrial manslaughter in Queensland and is the result of a comprehensive investigation into the fatality.
“The charge of industrial manslaughter includes allegations that Brisbane Auto Recycling caused the death of their worker by failing to effectively separate pedestrians from mobile plant, and failed to effectively supervise workers, including the operators of mobile plant.
“The charges against Hussaini and Karimi relate to their failure as directors to ensure that the business had those systems in place.”
It will be interesting to see how this prosecution progresses and what the ultimate outcome will be. It will set a new precedent in respect to workplace safety.
The Legislative Provisions
34C Industrial manslaughter—person conducting business or undertaking
(1) A person conducting a business or undertaking commits an offence if—
(a) a worker—
(i) dies in the course of carrying out work for the business or undertaking; or
(ii) is injured in the course of carrying out work for the business or undertaking and later dies; and
(b) the person’s conduct causes the death of the worker; and
(c) the person is negligent about causing the death of the worker by the conduct.
Maximum penalty—
(a) for an individual—20 years imprisonment; or
(b) for a body corporate—100,000 penalty units.
See section 244 or 251 in relation to imputing to a body corporate or public authority particular conduct of employees, agents or officers of the body corporate or public authority.
(2) An offence against subsection (1) is a crime.
34D Industrial manslaughter—senior officer
(1) A senior officer of a person who carries out a business or undertaking commits an offence if—
(a) a worker—
(i) dies in the course of carrying out work for the business or undertaking; or
(ii) is injured in the course of carrying out work for the business or undertaking and later dies; and
(b) the senior officer’s conduct causes the death of the worker; and
(c) the senior officer is negligent about causing the death of the worker by the conduct.
Maximum penalty—20 years imprisonment.
(2) An offence against subsection (1) is a crime.
