Another tragic work-related death has been reported on a West End construction site. It is a deeply upsetting reminder of the dangers faced by workers and the critical importance of strict safety standards. Many people assume that employers naturally do everything reasonably possible to keep their staff safe. Unfortunately, history shows that this is not always the case. Queensland law recognises this risk and imposes serious consequences on employers who fail to protect their workers.

The Introduction of Industrial Manslaughter Laws in Queensland

In 2017, the Queensland Government introduced industrial manslaughter laws under the Work Health and Safety Act. These laws were created to strengthen workplace safety, deter unsafe practices, and ensure that employers who negligently cause a workplace death face appropriate punishment.

The intention behind these laws is simple. They seek to give workers greater protection by holding employers criminally responsible if their negligent actions or failures lead to a fatality. This is in addition to general liability for unsafe work conditions.

Penalties Under Industrial Manslaughter Laws

The consequences of an industrial manslaughter conviction are severe. Employers found guilty can face:

  • fines of up to $10 million dollars
  • imprisonment for up to 20 years

These penalties reflect the seriousness of failing to provide a safe working environment. Several successful prosecutions have already been made under these laws, resulting in multi million dollar fines and lengthy prison terms for negligent company officers.

Civil Liability for Workplace Injuries and Fatalities

In addition to criminal responsibility, employers may also face civil claims for damages. A worker who is injured due to employer negligence may be entitled to a lump sum compensation for physical or psychological harm. Where a fatality occurs, the dependants of the deceased worker may likewise have legal rights to compensation.

Although workers’ compensation insurance may cover these claims, employers can still face significant financial consequences. Negligent conduct often leads to increased insurance premiums over time, along with reputational harm and workplace disruption.

How Employers Can Reduce Risk and Fulfil Their Legal Duties

To minimise the risk of harm and ensure compliance with workplace safety laws, employers should take all reasonable steps to protect staff. This includes regular and proactive approaches to safety management. It is recommended that employers:

  • conduct frequent safety audits to identify and address potential hazards
  • provide ongoing safety training to all employees
  • maintain appropriate supervision across the workplace
  • respond quickly to emerging risks or hazards and manage them properly

By following these steps, employers can create a safer environment and significantly reduce the likelihood of accidents and liability.

Employees also have an important role in workplace safety. They are required to take reasonable care for their own wellbeing, be alert to hazards, and report risks to their employer. Effective safety outcomes depend on cooperation between employers and workers.

Your Rights If You Are Injured at Work

Every person deserves to return home safely at the end of the workday. Sadly, accidents can still occur even in well managed workplaces. If you are injured at work, you may be entitled to rehabilitation funding and compensation for your injuries.

At Evolve Legal, we believe that injured workers deserve clear information about their rights. We proudly offer free advice to anyone who needs guidance following a workplace injury. Our aim is to ensure that every person understands their options and has access to sound legal support during a difficult time. Contact us today for an initial discussion.