From 1 July 2020, workplace manslaughter will be a jailable offence. Therefore it is essential members are aware of what the new rules mean for their business and staff, and what compliance measures they need to undertake.
According to WorkSafe Victoria, workplace manslaughter applies when it is proven that:
- the accused is a body corporate or a person who is not an employee or volunteer
- the accused owed the victim a duty of care pursuant to sections 21 to 24 or sections 26 to 31 of the OHS Act – this includes duties owed to employees, contractors and members of the public – (applicable duties)
- the accused breached that duty by criminal negligence in circumstances where there was a high risk of death, serious injury or serious illness
- the act that breached the duty of care was committed consciously and voluntarily
- the accused’s breach of the duty causes the victim's death.
Additionally, depending on the circumstances, workplace manslaughter can apply when the death of the person occurs sometime after the incident.
VACC recommends members attend a WorkSafe Victoria webinar on 19 May 2020, which will cover key aspects of the new rules and include a Q&A session.
A panel of WorkSafe representatives will run the webinar, including Director of Specialist Services in Health and Safety, Rob Kelly; Director of Enforcement Group, Gordon Cooper; Director of Legislation Policy and Information Services, Dmitry Rozkin and Head of Operations and Emergency Management in Health and Safety, Adam Watson.
Date: Tuesday 19 May 2020
Time: 11am to 12:30pm
Link: Register now
For more information
WorkSafe Victoria: Victoria's new workplace manslaughter offences
WorkSafe Victoria: Workplace manslaughter webinar