Last night, in one of the largest shake-ups to Queensland's health and safety regime since harmonisation, the Government passed an amended Work Health and Safety and Other Legislation Amendment Bill 2017 (the Bill).

With its passing, the industrial manslaughter offence has finally been introduced along with amendments to the Workplace Health and Safety Act 2011, Electrical Safety Act 2002 and Safety in Recreational Water Activities Act 2011.

The offence, which was originally to come into effect from 1 July 2018, will now apply from the date of assent of the amended Bill. We anticipate that assent is imminent.

The industrial manslaughter offence

The offence will apply to persons conducting a business or undertaking (PCBU) or a senior officer where:

  • a worker dies, or is injured and later dies, in the course of carrying out work for the business or undertaking
  • their conduct substantially contributes to the death of the worker, and
  • the person is negligent about causing the death of the worker by their conduct.

The maximum penalties have remained as first proposed, being 20 years' imprisonment or $10 million for a body corporate.

Minister Grace Grace did not rule out a rumoured expansion of the industrial manslaughter offence to the Coal Mining Safety and Health Act 1999, Mining and Quarrying Safety and Health Act 1999, and Petroleum and Gas (Production and Safety) Act 2004, but has postponed any further reforms until the tripartite advisory committees consult with relevant industry stakeholders and report back to Parliament for debate.

Other amendments

Other notable amendments passed include:

  • a specific provision prohibiting the defence of "accident" for industrial manslaughter
  • a clarification that s 23 of the State's Criminal Code 1899 does not apply
  • a provision that a worker will include persons that are taking a work break, and
  • a requirement for PCBUs to provide a copy of provisional improvement notices issued by health and safety representatives to the regulator.

Changes concerning codes of practice, work health and safety officers and training requirements will begin on 1 July next year. The new right of entry dispute resolution provisions are yet to have a start date confirmed.

What should you do?

Businesses will need to urgently review their suite of work health and safety policies and procedures to ensure compliance with the legislation and educate management on their responsibilities under the Bill so that they don't become liable under the new offence.

If you would like more information on how the Bill will specifically affect your company's operations or to organise a training session for senior management on meeting health and safety obligations, please get in touch.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.