Workplace manslaughter: what duty holders need to know.
A short reference brief on the offence, what it changes for duty holders, and how it connects to occupational violence and aggression.
A criminal offence of workplace manslaughter has been introduced into occupational health and safety laws in Victoria, for a death that occurs after 1 July 2020. Other Australian jurisdictions have introduced or are progressing similar offences. For organisations carrying duty-holder responsibilities, the practical implications are significant.
What the offence applies to
The offence applies to negligent conduct by an employer or other duty holders — or an officer of an organisation — that breaches certain duties under the Occupational Health and Safety Act 2004 (OHS Act) and causes the death of another person to whom the duty was owed.
What it’s designed to do
The law aims to:
- Prevent workplace deaths;
- Provide a stronger deterrent for duty holders to comply with their occupational health and safety obligations; and
- Send a clear message that putting people’s lives at risk in the workplace will not be tolerated.
What it changes — and what it doesn’t
The changes do not create additional duties; they introduce tougher penalties on already-existing duties under the OHS Act. The practical guidance for duty holders is unchanged in substance: stop and think about the risks involved in the conduct of your business, and what reasonably practicable steps can be taken to mitigate those risks. What has changed is the size of the downside when you don’t.
Where this connects to OVA
Occupational violence and aggression is one of the most foreseeable and well-documented hazards in many of the industries we work with — healthcare, public transport, community services, retail, education. A serious incident that arises from inadequate OVA prevention can fall within the scope of duty-holder negligence the offence is aimed at. The strongest protection — legally and ethically — is to be able to demonstrate that you took reasonably practicable steps: assessed your risk, trained your people, and reviewed it.
Keep reading.
R U OK Day — a safer-workplaces lens.
Why this day matters at Persec, and why the conversation isn’t something we only have once a year.
Article · WHS & fatigueFatigue is foreseeable. So is the duty to manage it.
A Victorian conviction over a fatigue-related fatal crash makes a clear point: training, rostering, and documented systems aren’t optional.
Article · Workplace safetyWork Safety Month — and why OVA deserves a place at the centre.
Occupational violence and aggression has been gaining attention for years. Work Safety Month is a good moment to make the case for action.