WA:WA bill on industrial manslaughter debated

AAP General News (Australia)
04-07-2011
WA:WA bill on industrial manslaughter debated

By Josh Jerga

PERTH, April 7 AAP - The West Australian opposition may join with the Greens to back
legal changes making company managers liable for manslaughter charges if a worker dies
due to an employer's negligence.

However, opposition mines and petroleum spokesman Jon Ford said it would be necessary
to make sure the legislation targeted those directly responsible for the negligence and
recklessness.

Debate on the changes to the Occupational Safety and Health Act and Criminal Code proposed
by Greens MP Alison Xamon began in the state's upper house on Thursday.

Under the proposed changes, the offence of industrial manslaughter would see individuals
convicted of an offence jailed for up to 20 years and companies fined up to $3 million.

Courts could also order companies to publicise the deaths.

"If a company tries to cut corners with safety, knew that there were serious risks
in doing so and that results in a person dying, managers directly responsible for these
decisions could face manslaughter charges under this bill," Ms Xamon said.

"It sends a very clear message that pursuing a profit at the expense of workers' lives
will not be accepted."

Mr Ford said Labor agreed with the principle of the bill in trying to improve protection
for workers, but he wanted assurances the laws would punish those directly responsible
for negligence.

He raised the case of a worker killed in a truck accident, in which a parent company
admitted liability but could not settle the matter because of other parties involved.

"There was the truck manufacturer, there was the brake manufacturer, the suppliers
of the brake system, the contractors, the company operating the truck and lawyers for
the driver," he told AAP.

"So do we want to capture all these sorts of people? I don't think so."

Mr Ford said he would refer to a committee for further scrutiny, but if that failed
he would seek assurances from the Greens.

The government will not support the legislation.

Ms Xamon said in the past year there had been 15 work-related deaths in the state,
up from nine the previous year.

If we can prevent just one death with tougher legislation, then we have an obligation
to do that. Every worker has the right to go home at the end of the day," she said.

AAP jsj

KEYWORD: MANSLAUGHTER

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