Australian Politics Forum

Labor to introduce industrial manslaughter laws in workplace safety overhaul

August 24, 2019
Sydney Morning Herald

The mother of a teenage worker who fell to his death at a Perth CBD construction site in 2017 has welcomed the government's decision to introduce industrial manslaughter laws in WA and has called on detractors to "examine their own conscience" when opposing the move.

In front of the Perth Convention and Exhibition Centre, Regan Ballantine said the legislation sent a necessary message to the industry about the gravity of their responsibility to protect human life.

A passionate work safety advocate, Ms Ballantine has long been campaigning for industrial manslaughter laws to be passed in Parliament and for increased personal accountability for companies who fail to ensure worker safety.

Regan Ballantine, a vocal work safety advocate, outside the Perth Convention and Exhibition Centre following the Premier's announcement.

"These laws are not about retribution or an eye for an eye, they are about changing corporate behaviour and discouraging the prioritisation of profit over people," she said.

"It's been long established that financial sanctions are not adequate at discouraging that type of behaviour, especially when the courts are imposing such insignificant penalties as they did in the case of my son, with the $38,000 fine for a guilty plea.

"Corporate behaviour doesn't change without individual personal liability. Period."

She urged stakeholders and WA politicians to engage in a "mature and constructive debate" and to pass the laws in Parliament this term.

On January 4, 2017, 17-year-old Wesley Ballantine was working as a steel fabricator for Industrial Construction Services and was on night shift at 4.30am installing a glass ceiling when he fell through a void.

He was rushed to Royal Perth Hospital but later died.

Earlier this month, site contractors Valmont pleaded guilty to failing to ensure subcontractors were not exposed to hazards on site and was fined $38,000 in the Perth Magistrates Court.

The outcome was rubbished by Ms Ballantine, WA Industrial Relations Minister Bill Johnston and Greens MP Alison Xamon who said the amount was "grossly inadequate."

WA Premier Mark McGowan delivers his speech at the WA Labor Conference.

Ms Xamon had also proposed industrial manslaughter laws, with a Greens bill currently before the state's Upper House.

Under the industrial manslaughter laws preferred by Labor, business operators who contribute to the deaths of employees by breaking workplace safety rules could find themselves on the end of 20 year prison sentences or face fines of up to $10 million.

The laws were part of a workplace safety package announced by Premier Mark McGowan at Labor's annual state conference.

As well as two new offences to be introduced into the state's work place safety laws, Mr McGowan said $12.9 million would be spent hiring 21 new workplace safety inspectors.

These inspectors would investigate fatal and serious incidents, with the government buying more vehicles to lift the number of workplace inspections.

A new worker safety campaign called Better Worker Safety would also be developed.

"Negligent or reckless employers must be held accountable for the conditions in their workplaces," Mr McGowan told the conference.

"The majority of employers and managements who do the right thing need not fear these laws in any way but life is too precious not to set a high bar.
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Wesley Ballantine, killed at a CBD work site in 2017, was just 17 years old.
Accident
'Grossly inadequate': WorkSafe flags appeal over penalty for teenage worker's death

"Jail time is a powerful deterrent and it sends a strong message."

Industrial Relations Minister Bill Johnston said the changes would bring WA into line with the national model and help reduce costs and unnecessary duplication of processes.

"Our work health and safety laws haven’t been updated since 1984 and are long overdue for change," he said.

"Developing the Western Australian Work Health and Safety Bill involved an extensive consultative process, and all views submitted have been considered.

"In the interest of employers and employees, this bill will broadly harmonise with the national model to deliver a common approach to occupational health and safety across various jurisdictions.

Expect the Coalition to be against this. This bill will stop the Coalition's slow destruction of ALP's voting base by death.

I am a Liberal and I am all for this

The dubious businesses who cut corners on workers' safety are undercutting honest businesses and this needs to be curtailed.

Consider the $38,000 fine that was handed out in this case. The company probably saved more than this by cutting corners on safety. And who paid for the funeral and debts of the deceased? At present the fine is just a cost of doing business and cutting corners is a business model. Making the penalties much tougher is needed.

The proposed changes do not go far enough.

I would make it easier for businesses, their directors and their shareholders to be liable for the wrongful death. At the very least, the business should be paying for the funeral costs of the deceased worker and making ample provision for the upkeep of any dependants of the deceased worker.

If it can be proved that the death was caused by a criminal act such as wilful negligence or a reckless disregard for safety regulations, limited liability protections should be removed by deregistering the business and making the owners personally and severally liable. Limited liability should not ever be a shield for crime.

so who will serve the jail time??...the owner of the site?... I guess that can shut the place down...

this would be a minefield... I do trust they have covered everything in this Bill.

crook tell me this... every construction site had a safety manager/delegate on it.. how come if the place is unsafe they are allowed to work on it in the first place....???...

cods wrote on Aug 25^th, 2019 at 12:29pm:

Cods, what makes you think every construction site has a safety manager?

Most, as i understand, do not. Workers just rock up to do their bit and do it.

You are thinking about big projects. They are far from the bread and butter of most workers.

Bam wrote on Aug 25^th, 2019 at 11:21am:

Perhaps a requirement for high-risk (or higher statistical) injury/death occupations, businesses must compulsorily buy life and income insurance for employees? And if found to not have a person in charge of safety - then a fine for each day of absence? If businesses shut down from this then so be it.

Just to save money we shouldn't and don't go and do this...

https://www.youtube.com/watch?v=J0FbR8yKd-0

mothra wrote on Aug 25^th, 2019 at 12:35pm:

cods wrote on Aug 25^th, 2019 at 12:29pm:

ok whatever you say..

if they have union members working on site they usually have a union delegate who gets the job..

I am sure crook will tell us or even greg

both lefties.

So bugger looking after the workers cods?

You are a biased Liberal trying to destroy Australian workers rights and safety

:o :o :o :o :o

miketrees wrote on Aug 25^th, 2019 at 9:50am:

I am a Liberal and I am all for this

Common decency, innit? Something the old Libs stood for....

mothra wrote on Aug 25^th, 2019 at 12:35pm:

cods wrote on Aug 25^th, 2019 at 12:29pm:

And they fight tooth and nail to prevent Union operatives from coming in to do safety inspections... meaning they have something to hide...

cods wrote on Aug 25^th, 2019 at 12:29pm:

Whoever was responsible for ensuring safety - and that extends to senior management for any failure to instruct and then ensure that correct measures have been carried out. If I were they, I'd ensure it was in writing, signed, sealed and delivered, and that I took the time to follow through... THAT'S called 'management' or Leadership.

NONE of the current crop have any concept of Leadership, cods, and they have no idea that they are paid well to do more than sit in their air conditioned office and drive their company car to and from work for a 9-5.....

In the case cited - "fell through a void" - there should have been protective railing or similar around the void.. common sense... I know it costs - twenty minutes for a pair of carpenters and some timber would do it..... ::)

Somebody's son...... through sheer negligence.... and let me tell you, from personal experience, that if you stand up and object to such things being ignored, you WILL be targeted by 'management' these days...

Not worth a tinker's curse, the lot of them... parasites and leeches and dumb as ....

I worked as a Safety Manager and I know owners and managers know they are putting workers at risk and still go ahead
I also know they will hire and sack Safety Managers until they find one that will cover up hazards.accidents and injures
I got sacked by Landscape E in WA for reporting hazards to the owner in writing
Crooked owners are a scurge on our society

miketrees wrote on Aug 25^th, 2019 at 6:54pm:

As is the Coalition for refusing to save worker lives.

This will seriously interfere with the union thugs bashing bosses.

Labor wanted to legalize euthanasia to free up hospital beds.

juliar wrote on Aug 26^th, 2019 at 4:20pm:

This will seriously interfere with the union thugs bashing bosses.

Labor wanted to legalize euthanasia to free up hospital beds.

Already done in Vic and ready for the Coalition supporters who can't wait for the promised economy.

Poor Stunned can't wait for the power blackouts to happen in Victoria.

juliar wrote on Aug 26^th, 2019 at 4:20pm:

This will seriously interfere with the union thugs bashing bosses.

Labor wanted to legalize euthanasia to free up hospital beds.

If any Union thugs have bashed bosses - show us .....

There are daily stories of bosses bashing worker's rights and attacking their delegates etc... maybe the Unions need to respond in kind - get away from the modern white collar thing and get back to pick handles....

Grappler Racist Filth wrote on Aug 27^th, 2019 at 2:31pm:

juliar wrote on Aug 26^th, 2019 at 4:20pm:

This will seriously interfere with the union thugs bashing bosses.

Labor wanted to legalize euthanasia to free up hospital beds.

Yep - This how the coalition wants it.

Australian Politics Forum
http://www.ozpolitic.com/forum/YaBB.pl General Discussion >> Federal Politics >> Labor To Introduce Industrial Manslaughter Laws http://www.ozpolitic.com/forum/YaBB.pl?num=1566682394 Message started by whiteknight on Aug 25^th, 2019 at 7:33am