Corporate employers could face jail sentences for workplace deaths or serious injuries involving gross negligence, under a new Bill in Western Australia. Also senior accountable managers who committed such offences could face higher monetary penalties.
"A corporation convicted on a serious charge will face a maximum penalty of $500,000 for a first offence, two-and-a-half times the current maximum for any offence", said John Kobelke, Consumer and Employment Protection Minister. "A subsequent offence will incur a maximum penalty of $625,000". "The highest penalty ever awarded under current provisions was $75,000 in 2003."
Mr Kobelke said the Bill would bring Western Australia more into line with penalties in other States. "Employers who do the right thing have nothing to fear from these changes, but those who continue to provide unsafe workplaces can expect to be dealt with harshly", the Minister said.

Other provisions of the Bill include:

• giving trained safety and health representatives the right to issue Provisional Improvement Notices. The Bill would also increase flexibility and simplify the processes for electing safety and health representatives and establishing safety and health committees
• expanding duty of care to "close the gaps" in the labour hire industry
• establishing a safety and health tribunal under the WA Australian Industrial Relations Commission. The tribunal would hear appeals and related matters, including questions of entitlement to pay and conditions
• setting up a mining industry advisory committee within the Commission for Occupational Safety and Health (formerly the WorkSafe Western Australia Commission) to advise the Minister responsible for the Mines Safety and Inspection Act 1994 and the minister responsible for the Occupational Safety and Health Act 1984 (WA) and the Commission
• enabling prosecution of government agencies that break the law.

The Occupational Safety and Health Legislation Amendment and Repeal Bill 2004, introduced on 8 April, amends the Occupational Safety and Health Act 1984.The Bill embraces most of the recommendations of the Review of the Occupational Safety and Health Act 1984 written by Robert Laing in 2002. 

[Read the full text of the Review of the Occupational Safety and Health Act 1984.]

[More on OSH in Western Australia]