How Builders Can Avoid Workplace Manslaughter Charges

How Builders Can Avoid Workplace Manslaughter Charges

According to SafeWork Australia data released last year, sadly 200 Aussie construction workers were fatally injured while on the job in 2023 – up five deaths from the previous year. 

It is a sombre figure for construction, demonstrating that we have a long way to go to get this number down to an acceptable level – ZERO.

For employers, upholding compliance responsibilities on projects is as important as getting the job done. 

If you are not compliant, and a worker is fatally injured on your jobsite and it is found that the company and/or leadership was negligent, industrial manslaughter charges can be filed. 

The result? Business owners and Directors can face up to 25 years of imprisonment, while their companies may be fined tens of millions of dollars.

In this modern era of construction, technology is playing an increasing role in helping to prevent the likelihood of deadly workplace accidents.

Let’s unpack the issue of industrial manslaughter and how AI-powered technology like ours can protect both employers and their staff.

Causes and costs of industrial manslaughter

During industrial manslaughter incidents, investigating authorities like WorkSafe or SafeWork, will look for ways that the company could have and should have protected workers. 

Some of the most common reasons for filing industrial manslaughter charges include:

• Inadequate training: Allowing unqualified workers to operate equipment, such as an excavator or forklift, leading to fatal accidents.
• Non-compliance with safety regulations: Failing to meet legally required safety measures, like wearing the appropriate PPE, when completing different works.
• Outdated or missing safety protocols: Neglecting to update or enforce safety standards on-site.

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In Victoria during 2020, WorkSafe updated its Occupational Health and Safety Act 2004, introducing workplace manslaughter as a criminal offence carrying hefty fines and up to 25 years jail.

Subsequently, the first workplace manslaughter charges under the Act were made in 2021, following a tragic forklift accident which tipped and claimed the life of a 25-year-old subcontractor. 

The company at fault was charged with manslaughter and fined $1,300,000, while its director was ordered to pay the victim’s family $120,000 in compensation and also placed on a two-year Community Correction Order. 

In a separate incident, a Queensland company was fined $3 million for the death of an employee after another forklift-related incident.

For some companies, the idea of a fine is not a big deal. 

But, before you shrug, consider how much of an impact a $3 million fine would have on your business. Then add to that a massive increase in insurance rates. 

Now, pile on the reputational damage and concern from potential business partners who might not want to work with a company that has been convicted of manslaughter and proven, in court, to have insufficient safety standards. 

Would you be excited to do business with an organisation that might land you in court, or even prison?

Solving compliance issues with BuildPass

When it comes to industrial manslaughter cases, generally speaking, the crux of the incident often boils down to compliance. Was the company fully compliant with current safety protocols as laid out by the various levels of government?

That is where BuildPass steps in.

Our easy-to-use AI-driven software makes it simpler than ever to not just maintain, but enhance compliance on the jobsite. Here are some aspects of compliance BuildPass is improving for our 400+ customers:

• Site inductions and sign-ons
• Safe Work Method Statements (SWMS) creation and signing
• Subcontractor insurances and centralised permit record keeping
• SMS alerts and push notifications during emergency

As a business, we are committed to driving better safety outcomes across the construction industry. 

By offering free digital resources in our template marketplace, such as Working From Heights Permits, a mix of Plant Induction Forms, Trenching and Excavation Permits, plus many more, we are making real-world differences for responsible companies that are implementing new or updating their compliance processes.

The consequences of negligence – millions in fines, prison sentences and the anguish of telling a family their loved one is not coming home – are too great to ignore. 

BuildPass protects your team and your business, while streamlining important site operations, project tracking and reporting tasks with the power of AI. 

Book yourself a demo now to learn how we can safeguard your staff and organisation.

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