The outcome of the tragic workplace deaths of Charlie Howkins, 34, and Jack Brownlee, 21, who died while working at the Winterfield Estate housing development, was the catalyst for the development of Victoria's industrial manslaughter laws.

Ballarat was a driving force for these changes, specifically due to the drive of the worker's families - even dubbed 'Ballarat's Law'.

It was the continuous advocacy of Dave and Janine Brownlee whose son Jack died after a 3.2 metre trench collapsed on him, as well as Charlie's partner, Lana Cormie, which got the laws pushed through.

The industrial manslaughter laws, passed into law in 2020, means criminal charges can be laid against workplaces, not just civil cases.

The criminal offence of workplace manslaughter applies to negligent conduct by an employer or other duty holders, or an officer of an organisation, which breaches certain duties under the Occupational Health and Safety Act and causes the death of another person who was owed that duty.

Employees, other than those who are also an officer of a company, and volunteers cannot be charged with workplace manslaughter.

Conduct is considered negligent when there is a "great falling short of the standard of care" that would have been taken by a reasonable person in the circumstances, and it involves a high risk of death or serious injury.

Ballarat Trades and Labour Council secretary Brett Edgington said every worker deserves to come home safe and these laws made workplaces more accountable.

Mr Edgington said the role Ballarat played in the development of the industrial manslaughter laws was thanks to Jack and Charlie's families.

"The Delacombe incident was the final trigger which saw the premier and cabinet decide to push ahead with legislation," he said.

Between the death of two workers in 2018 and the passing of the industrial laws bill to parliament 18 months later, there were two other workplace deaths in Ballarat, he said.

One was a 50-year-old Alfredton man died when he became trapped in a machine at an industrial shed in Williamson Street in Delacombe in October 2019, and the other was a construction worker who died on September, 2019 in Mount Pleasant when a wall he was demolishing collapsed.

From 2018 to March 21, 2024, 12 people have died while at work in the Ballarat local government area.

The Australian Workers Union alleged the work the miners were doing at the Ballarat Gold Mine before a rockfall, which lead to the death of one worker and critical injury of another, shouldn't have been done in that location.

The circumstances around the Ballarat Gold Mine fatal rockfall incident remain under investigation.

WorkSafe officials stated it would be a lengthy and complex investigation.

Mr Edgington said he now wants to see those industrial manslaughter laws utilised to change the behaviour that leaves workers in dangerous positions.

"We need to use them," he said.

"We have had about 169 deaths since the introduction of industrial manslaughter in Victoria, and we have yet to see a boss in jail and we have only seen one prosecution."

In February 2024, stonemasonry business LH Holding Management Pty Ltd, trading as Universal Stone and Marble, became the first company convicted under Victoria's workplace manslaughter laws after causing the death of a worker who was fatally crushed at a Somerton factory in October 2021.

Two other workplace manslaughter matters are currently before the courts.

WorkSafe health and safety executive director Narelle Beer said "there was no such thing as unavoidable workplace harm".

"The impact that a loss of life has on family, friends and colleagues can never be overstated," she said.

"Everyone deserves to come home safely from work and WorkSafe uses every power at its disposal to hold duty holders to account if they fail to meet their obligations.

"As part of every workplace fatality investigation, WorkSafe considers whether there is evidence of negligent conduct to support workplace manslaughter charges."

WorkSafe also launched support reforms including more collaboration between WorkSafe and Victoria Police, additional dedicated Family Liaison Officers, and Agent Family Support Specialists available to provide information and support to families and dependents after a death.

In line with prosecution guidelines, WorkSafe will only consider commencing a workplace manslaughter prosecution where there is sufficient evidence to support a reasonable prospect of a conviction and a prosecution is in the public interest.

WorkSafe is responsible for drafting and issuing any charges under legislation it administers and is responsible for the conduct of a subsequent prosecution up to and including any committal hearing.

The Office of Public Prosecutions is responsible for the conduct of a prosecution against legislation administered by WorkSafe after an accused has been committed to the County or Supreme Court.