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.
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"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.

I am a Liberal and I am all for this

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....???...

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...

So bugger looking after the workers cods?

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

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



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

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

This will seriously interfere with the union thugs bashing bosses.


Labor wanted to legalize euthanasia to free up hospital beds.