Negligent employers in Greater Shepparton now face fines of up to $16.5 million and individuals face up to 25 years in jail, in a bid to warn employers that putting lives at risk in the workplace will not be tolerated.
A total of 25 people have lost their lives in workplace incidents so far this year, a number which Workplace Safety Minister Jill Hennessy said was to many.
“If an employer's negligence costs someone their life, they will be prosecuted and may go to jail - that's now the law,” she said.
“Broadening the definition of a workplace fatality will help better identify and address the true extent of workplace health and safety issues in Victoria.”
The new offence of workplace manslaughter will be investigated by WorkSafe Victoria using its powers under the Occupational Health and Safety Act 2004.
The offence applies to employers, self-employed people and ‘officers’ of the employer.
It also applies when an employer's negligent conduct causes the death of a member of the public.
The criteria that defines a workplace death has also been broadened to include fatalities that occur on the road while working, suicides attributable to a workplace health and safety failure, death from industrial diseases such as silicosis, and workplace deaths resulting from a criminal act.
Ms Hennessy said the change meant more Victorians would be entitled to WorkSafe family support services following the death of a loved one at work and broader reporting would bring increased focus to workplace health and safety issues.
“We're increasing the support available to families who have lost someone at work, as well as establishing a new committee led by families who know the pain of such a tragic event, to drive further reforms,” she said.
The laws are supported by a $10 million package to improve investigation and enforcement of workplace safety laws, including a specialist WorkSafe team to lead investigations and prosecutions, and two additional WorkSafe Victoria Family Liaison Officers to give families more support.
A Workplace Incidents Consultative Committee will also be established to develop further reforms to provide support to those affected by workplace fatalities and serious incidents.
This will be supported with $4 million in funding and include people who have lost a family member at work or have suffered serious workplace injury or illness.