Stiff penalties for workplace deaths are doing the job

Controversial attempts to prevent worker deaths appear effective. Alan Austin reports.

A YOUNG SUBCONTRACTOR was crushed to death in the driveway of a factory in suburban Melbourne in 2021 when a forklift carrying a dangerously high load suddenly overturned.

Then the Victorian Prosecutor charged Prosecution of a company executive for industrial manslaughter is a crime punishable by a maximum of 25 years in prison. This law Although it came into force in 2020 objections From the State Opposition and employers’ groups.

Because of his early confession to the crime, genuine remorse, and good record, the warden avoided the prison sentence sought by prosecutors. Instead, he was sentenced to 200 hours of community work, mandatory forklift training and a $1.3 million fine.

“Not enough!” The prosecutor’s office, which objected, made a statement. When this was heard last July the Court of Appeal agreed and augmented The fine is 3 million dollars.

Regardless of whether time spent in prison would be better for preventing such negligence from recurring, the message seems to have gotten through.

Company executives now realize they face serious personal legal risk regarding workplace deaths. The results show that the necessary precautions have been taken.

Deaths are decreasing

Gone are the bad old days in Australia, when it was considered normal for 25 workers per million to be killed across the country every year. This was the regime Howard era – 310 of our employees lost their lives in 2007. According to this comprehensive data Provided by Safe Work Australia.

Workplace safety improved rapidly red yearsAs a result of security training, stricter regulations and harsher penalties for violations. Deaths have reached all-time lows, falling one bar every Labor year from the extreme level in 2007. As of 2013, the number was 203; this was less than two-thirds of the Coalition’s final tally. See the table below.

Tragically for Australian workers, Coalition He was re-elected in 2013 and the tide stabilized. Incoming State Under Tony Abbott, he ditched workplace safety and became famous for it declare “A more productive economy is one that is less regulated.”
The number of workers killed jumped to 212 in 2015, then fluctuated until it reached 195 in 2022; that number was only two fewer than in Abbott’s first year in 2014.
Average deaths in the last four years Scott Morrison It was 190. This is exactly the average of the three calendar years since that date. workforce He is reinstated in 2022, although the trend has now shifted in the right direction.

Rates show further improvement

While the chart above shows the raw number of deaths gradually decreasing, given that the workforce is shrinking, we also need to examine deaths per million workers. extended It has increased from just over ten million in 2004 to 15.4 million today.

This reveals a more encouraging decline. See the table below.

The Howard years ended with more than 28 deaths per million; this level, coincidentally, has now been abandoned forever. This rate fell significantly in every year of the Rudd/Gillard era except 2012, resulting in 16.7 deaths per million workers. This rate then fluctuated throughout the Coalition period, with a more gradual decline resulting in 13.8 deaths per million in 2022.

The trajectory has been steadily downward since Labor returns in 2022.

Penalties imposed

Industrial laws coming into force in 2023 In conclusion Of the 293 successful prosecutions, 45 involved deaths. The total of fines collected was $39.95 million. This is up from the $32.24 million penalty in 2022.

Successful prosecutions It increased to 317 in 2024 and a total of $37.08 million in fines were imposed. National data for 2025 is not yet available but we recognize Victoria as a stand-alone success sued 137 lawsuits were filed and $17.4 million in fines were collected. 17 of these are related to death.

Measures to reduce toll

In addition to harsher penalties, recent federal and state initiatives include better education, more detailed training, and data Provided by Safe Work Australia and extended event list reportable to the regulators.

Employers are now required to report to authorities incidents of personal violence, work-related suicides and suicide attempts, and absences of more than 15 consecutive days due to injury or illness.

psychosocial Risks such as bullying, fatigue, stress and personal violence are now officially recognized as health and safety issues in most states. Managers must respond to psychological hazards with the same rigor as hazards from tipping forklifts.

Lowest construction fatality rate of all time

The worst performing sector during the coalition period was the construction sector.A. It has been reported frequently since 2015.

This is no surprise given Tony Abbott’s enthusiasm support For an enthusiastic construction industry:

“I certainly hope that in four or five years people will say, ‘Yes, Tony Abbott, he did it all, but for God’s sake he was an infrastructure prime minister. He was a builder.’

In fact, Abbott built very little. But by God’s grace, construction increased deaths. See the table below.

Following Abbott’s election, the number of construction workers killed increased from 6.7 per $100 billion of construction activity in 2013 to 10.6 in 2014. This rate jumped again in 2015 and 2016, reaching 13.5 deaths per $100 billion of production. This is at 13.7 in 2020, more than double Labour’s last level in 2013.

2023 swell It seems abnormal, given the much lower rates in the two years before and after. We know it happens conclusion There were extremely high rates of traffic accidents and falls from heights, but it is not clear why these occurred that year.

The last two years show a trend in the right direction, with a surprisingly positive outcome last year; According to the work done, it dropped to an all-time low of 6 deaths.

It is possible that 2025 will be abnormally low. We will see in due course whether this figure will be revised in the coming months and whether the improvement will continue in the coming years.

This requires the constant attention of MPs, Safe Work Australia, the courts, all company executives and all employees, especially those bloody forklift operators.

Alan Austin is an Independent Australian columnist and freelance journalist. You can follow him on Twitter @alanaustin001 and Bluesky @alanaustin.bsky.social.

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