A little more than 18 months since the death of two workers at a Delacombe building site, the Victorian Government took one of its biggest steps yet in legislating to help stop workplace deaths.
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Negligent bosses could face up to 20 years in jail over the suicide deaths of their workers under workplace manslaughter laws introduced to the Victorian state government on Tuesday.
The laws will cover deaths caused by mental injuries, including trauma from bullying or other forms of abuse, sustained on the job as well as accidents and illnesses caused by unsafe workplaces.
The new legislation will apply to all employers in public and private companies whose negligence resulted in a death of an employee, be that by providing a dangerous workplace or failing to provide appropriate mental support.
Offenders found guilty of the new offence under the Occupational Heath and Safety Act will face up to 20 years in jail, a promise made by Premier Daniel Andrews in May last year.
Attorney-General Jill Hennessy announced on Tuesday that employers will also face fines of up to $16.5 million for failing to provide a safe workplace.
Standing outside the Victorian Parliament, Ms Hennessy said the burden of proof for employers to be charged under the new laws would be high.
"Very sadly for my friends that are with us here today, that did not occur for their sons and husbands and they have had to learn to deal with unbearable grief."
- Jill Hennessy
"The standard is very high because the penalty is very high," she said. "A person who has been brutalised when it comes to their mental health and wellbeing ... The laws will apply to this.
"We want offices to take their OHS responsibilities seriously."
The minister was flanked by teary-eyed men and women who had lost a family member in a workplace incident, including Dave and Janine Brownlee whose son Jack died after a 3.2 metre trench collapsed on him while he was at work in Ballarat.
"We know in this day and age people deserve to go to work and come home safe," Ms Hennessy said.
"Very sadly for my friends that are with us here today, that did not occur for their sons and husbands and they have had to learn to deal with unbearable grief."
Holding a photo of his son, Mr Brownlee said he hoped no other families would endure what he and his wife had.
"This is one way we can find a bit of justice for Jack," he said.
The laws will not apply to the 2018 Delacombe incident but the Brownlee's and Lana Cormie, wife of Charlie Howkins, 34 who also died in the trench collapse have been tireless advocates for the changes to workplace law.
WorkSafe charged the Ballarat-based construction company Pipecon in January with two counts of allegedly contravening Section 21 of the Occupational Health and Safety Act over the March 2018 Delacombe incident that occurred on the Winterfield Estate housing estate.
The hearing will be held on December 3.
For help or information visit beyondblue.org.au, call Suicide Helpline Victoria on 1300 651 251, or Lifeline on 131 114.
With The Age
