04/02/2020
The Queensland Government has today introduced legislation to extend industrial manslaughter laws to the mining industry. This means that mining bosses face jail time if a worker dies as a result of criminal negligence.
The laws make it an offence for a person conducting a business or undertaking (PCBU), or a senior officer, to negligently cause the death of a worker.
In particular, the offence applies if:
a worker dies, or is injured and later dies, in the course of carrying out work for the business or undertaking (including during a work break); and
the PCBU’s, or senior officer’s, conduct cause the death of the worker (i.e. the action or inaction of the PCBU, or senior officer, substantially contributes to the death); and
the PCBU, or senior officer, is negligent about causing the death of the worker (i.e. the person’s action or inaction departs so far from the standard of care required).
New industrial manslaughter laws are now in place across the state. The laws make it an offence for a person conducting a business or undertaking (PCBU), or a senior officer, to negligently cause the death of a worker.