Commencing on the 1 July 2018 are changes to provisions of the Work Health and Safety Act 2011 (Qld) (“The Act”), Electrical Safety Act 2002 (Qld), and Safety in Recreational Water Activities Act 2011 (Qld). The changes to the legislation mean that you can be held liable if you are found to be negligent when your conduct departs from the standard of care expected to avoid danger to life, health and safety.
A person conducting a business or undertaking must either comply with an approved code of practice under the new legislation or demonstrate that equal to or better measures are taken. It is important to educate your business or undertaking to ensure they understand their obligations.
The new offence of “Industrial Manslaughter” captures a person conducting a business or undertaking, or a senior officer, who is found to have negligently caused the death of a worker in Queensland.
The offence applies if a worker dies, or is injured causing death, in the course of carrying out work for the business or undertaking (including during a work break) and death was caused by the action or inaction of a person with a standard of negligence to cause death.
The offence carries a maximum penalty of 20 years’ imprisonment for an individual, or $10 million for a body corporate.
Warn and advise your employees and supervisors of the potential risks.