Western Australia’s peak civil construction industry group says WA’s proposed industrial manslaughter laws are significantly tougher than similar laws in other states and should be referred to a parliamentary committee for careful review.

Civil Contractors Federation WA CEO Andy Graham said industrial manslaughter laws in other Australian states and territories all required some level of negligence on the part of the person being prosecuted, while ‘gross negligence causing death’ was the test recommended in the influential Boland review into Work Health and Safety laws.

“In WA, however, a business owner or manager could be charged with industrial manslaughter – carrying a maximum penalty of 10 years jail – and the prosecution would not even have to prove negligence or recklessness," Mr Graham said.

"WA’s small businesses should be most alarmed as they will be most at risk. Experience in other jurisdictions shows that smaller businesses are more likely to be prosecuted than larger, more well-resourced businesses."

Mr Graham said CCF WA's other concerns with the legislation included:

• No provision for prosecution of reckless or negligent behaviour by employees causing death - inconsistent with the principles of the legislation and shared responsibilities for safety.
• Individuals or family businesses could be prosecuted in relation to the death of a relative
• Inclusion of manslaughter offence in WHS legislation could compromise the common law privilege against self-incrimination

Mr Graham said CCF WA endorsed the Chamber of Commerce and Industry’s view (“Scrutiny must be applied to rushed industrial manslaughter provisions”) that further examination is needed of these critical provisions. CCF WA supports CCIWA’s recommendation that the Bill be referred to committee.