Workplace deaths through gross negligence will now be a criminal offence in all mainland Australian states and territories after NSW became the last jurisdiction to pass tough industrial manslaughter laws.
The legislation, which passed the NSW upper house on Thursday, will mean businesses and individuals found responsible for workplace deaths through gross negligence will be hit with harsher penalties.
The Industrial Manslaughter Bill will allow for individuals to be sentenced to a maximum 25 years in jail for the offence, while corporations can be fined up to $20 million - the highest in the nation.
Tasmania is also a step closer to signing off on industrial manslaughter laws despite opposition from the state's Liberal minority government which hold just 14 of 35 lower-house seats.
Lower house opposition parties and crossbench independents on Wednesday backed a Labor bill to create an offence of industrial manslaughter.
It would introduce a maximum penalty of 21 years' jail for individuals and fines of up to $18 million for body corporates if negligent conduct caused the death of a worker.
In NSW, the law will be supported by a new unit established in the Office of the Director of Public Prosecutions.
Work Health and Safety Minister Sophie Cotsis described the latest changes as a "historic moment" for worker safety and a reminder unsafe practices would not be tolerated.
“We want those responsible for workplace safety - who are responsible for the lives of their workers - to take that role with utmost seriousness," she said.
Unions NSW secretary Mark Morey said the trauma and loss of the death of someone killed at work was carried by their loved ones forever.
“These laws will give everyone greater reason to pause and consider whether a workplace is as safe as it should be," he said.
Safe Work Australia data shows a worker had died in NSW at an average rate of one per week since 2013.
Tasmania's Minister for Small Business and Consumer Affairs Madeleine Ogilvie said the proposed laws in the state risked imposing unnecessary regulation on industry in her state.
"Manslaughter is an offence already provided for in the criminal code - an offence which can be charged in cases involving industrial deaths," she said.
"Labor’s pursuit appears to be about solely aligning with other Labor states and territories - not for worker safety."
The proposed laws will be debated and voted on by the state's 15-member upper house which contains just four Liberals.
Labor, the Greens, independent and former Labor leader David O'Byrne and Unions Tasmania said the move was a win for workers.
Unions Tasmania secretary Jessica Munday said industrial manslaughter laws were long overdue.
Between 2012 and 2022, 85 work-related deaths occurred in Tasmania, according to the union.
