Today saw the start of a coronial inquest into the death of a 25-year-old man who was killed at work in Port Hedland when a platform he was working on collapsed.
The findings of this inquest are of particular significance when looking at the bill introduced to State Parliament by Senator Alison Xamon which has been dubbed the "Industrial Manslaughter" bill.
The bill increases the penalties for employers who expose their workers to risks and for deaths associated with these risks.
If the bill is passed by parliament, industrial manslaughter will be introduced as a conviction if an employer is found guilty of having been reckless or negligent about causing harm to an employee who dies at work or who is injured at work and later dies.
An individual person could be jailed for 20 years if found guilty of this new conviction and if a corporation is found guilty they could be liable for a $3 million fine.
The bill amends the Occupational Safety and Health Act to include harsher penalties for those employers who are putting their workers lives in danger with reckless or negligent behaviour.
Fines for negligent behaviour will increase dramatically if the bill is upheld in State parliament with individuals facing possibly fines upward of $25,000 if found guilty of negligence and even harsher penalties if a death occurs from these acts of negligence.
The Occupational Safety and Health Act sets out the definitions of gross negligence and states that a employers must try in all circumstances to create a safe working environment for their employees, however convictions for acts of gross negligence are not currently being met with jail terms for those convicted.
If passed in its current form, the bill would allow for judges to consider jail time when sentencing a person who is found guilty of industrial manslaughter. The addition to the individual jail time option for sentencing judges, a corporation may be ordered to publicise their offence, the circumstances leading up to the offence and any other considerations the judge may make if found guilty of industrial manslaughter.
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