States crack down on workplace safety
SafeWork NSW will soon have the power to issue penalty notices of up to $3,600 for corporations and $720 for individuals if they fail to protect employees against falls from heights. Amendments to the NSW Work Health and Safety Regulation will allow inspectors to issue on-the-spot fines from November 1st if the risk of injury is imminent or serious or the workplace is a repeat offender.
SafeWork NSW have attended 234 falls from heights this year – eight of which were fatal. Workers compensation data reveals there were more than 12 000 claims related to falls from heights between 2013/14 and 2015/16, costing $327 million and 126,945 weeks in time off work.
SafeWork NSW Executive Director Peter Dunphy warned firms that every worker has the right to work in a safe and healthy environment. “A fall, even from a relatively low height, can result in serious injury or death. Most incidents could have been prevented if safe work systems such as safety harnesses or work platforms had been used.”
Mr Dunphy said the new fines were also a response to industry concerns that some businesses gain a commercial advantage by cutting corners on worker safety. “It is simply unacceptable that some employers are willing to put their workers’ lives at risk just to make extra money. Fining employers that ignore their work health and safety obligations will create a level playing field for those employers who take safety seriously, while also saving lives.”
Worker fatalities have fallen by 49% since their peak in 2007 but the agriculture, forestry and fishing industry retain the highest rate of both worker fatalities and serious workers’ compensation claims. 43% of serious injuries involve traumatic joint/ligament and muscle/tendon damage, attracting a median sum of $10,800 in compensation, making it good business as well as good sense to reduce the risks of mishap.
Other states are also taking firm action to drive down the toll of death and injury in the workplace. Queensland has introduced legislative changes that will create a new offence of industrial manslaughter. Individuals found culpable under new state laws will face a maximum prison term of 20 years, while corporate offenders can be fined up to $10 million.
Queensland’s Industrial Relations Minister Grace Grace said the harsher penalties would deter employers tempted to cut corners in workplace safety. The laws send a strong message that “if you cost someone their life, you will pay” and will target companies that hide behind elaborate corporate structures to evade their moral and legislative responsibilities.
The West Australian Government will also increase the penalties for workplace safety offences for the first time since 2004, to bring the state in line with the rest of the country. WA Premier Mark McGowan has made worker safety a personal priority and the increase in maximum prison terms from two to five years will reflect the importance of a safe workplace to the state.
Fines for first offenders will increase sharply, with Level 1 penalties jumping from $50,000 to $456,000 and Level 4 offences from $500,000 to over $2.7 million. The new penalties are consistent with the national Work Health and Safety Act, allowing for an increase to account for inflation.
The state’s Commerce and Industrial Relations Minister Bill Johnson said the new penalties “would provide an incentive to comply with workplace safety laws and ensure penalties meet community expectations.” The changes will take place ahead of the Government’s Work Health and Safety Bill expected to be introduced in 2019.
