Industrial Manslaughter
Corporate Killing: There Ought To Be A Law Against It!
Trades Hall campaigned vigorously in 2001 for the introduction of a law specifically aimed at the crime of industrial manslaughter. Unions argued that Australia's poor record in protecting workers from death and serious injury made legal changes neccesary.
Australia has a very poor record when compared with similar industrialised countries. For every 70 workers that are killed by their work in Australia, 53 are killed in the USA and 14 are killed in the UK!
The proposed Crimes (Industrial Manslaughter) Bill would have allowed the aggregate conduct of any number of employees, agents or officers of the company to be taken into account in determining guilt. The existing common law crime of manslaughter under the Crimes Act can only look at the conduct of an identified individual, thus making it almost impossible to get a conviction, particularly when looking at the conduct of a large company.
Unfortunately, the proposed law never got up. Victorian workers are still poorly protected from unsrupulous work practices which can threaten their lives. The recent example of James Hardie Industries' manueverings demonstrates the need for strong legal protection for workers.
Workers demanded that:
- The proposed Crimes (Industrial Manslaughter) Bill will allow the aggregate conduct of any number of employees, agents or officers of the company to be taken into account in determining guilt. The existing common law crime of manslaughter under the Crimes Act can only look at the conduct of an identified individual, thus making it almost impossible to get a conviction, particularly when looking at the conduct of a large company.
- Those in control of workplaces must be held responsible for acts, or any omissions, which result in death or serious injury.
- Penalties must be brought against individual directors - not simply scapegoats in middle management.
- The capacity to impose criminal liability on directors and senior managers of a body corporate (so that the crime follows the person).
- Guilty company directors can't hide by putting the company into liquidation.
- If found guilty, there should be a range of sentencing options apart from jail or fines - custodial sentences, community service orders, debarring or disqualifying employers or individuals from conducting business.
- All employers should be treated the same way - public or private. This includes government employers (no 'shield of the crown') and anyone in partnerships.
Anthony Carrick
Industrial Manslaughter Law
