Work Health and Safety and Other Legislation Amendment Bill 2017

Overview

This bill introduces a new criminal offence of industrial manslaughter in Queensland, with up to 20 years jail for employers or senior officers whose negligence causes a worker's death and up to $10 million for companies. It follows a government review prompted by the Dreamworld and Eagle Farm worker fatalities and also creates an independent WHS Prosecutor, expands workplace safety dispute powers to the Industrial Relations Commission, and brings back Workplace Health and Safety Officers.

Who it affects

Workers and their families gain stronger protections and accountability, while employers, company directors and senior officers face serious criminal liability for negligent workplace deaths. Health and Safety Representatives get mandatory training rights and new dispute pathways.

Key changes

• New industrial manslaughter offence: up to 20 years jail for individuals, $10 million for companies whose negligent conduct causes a worker's death
• No time limit for prosecuting industrial manslaughter, and enforceable undertakings cannot be used to avoid prosecution in any case involving a fatality
• Independent WHS Prosecutor established, operating free of ministerial control, to take over prosecutions from the Regulator
• Queensland Industrial Relations Commission gets power to hear workplace safety disputes, including cease-work matters and access to information
• Health and Safety Representatives must complete a 5-day training course within 6 months of election and refresh every 3 years, paid for by the employer
• Workplace Health and Safety Officer role reinstated (optional) with defined risk-assessment and reporting functions
• Approved codes of practice must be followed or employers must show an equal or higher standard of safety, and every code expires after 5 years
• Mirror industrial manslaughter offences added to the Electrical Safety Act 2002 and Safety in Recreational Water Activities Act 2011