The Liability of Corporations, Company Directors and Officers for OSH Breaches: A Review of The Australian Landscape

Abstract

In the past decade, occupational safety and health legislation in Australia has been revised to take account of a growing public demand for corporate accountability for injury and death in the workplace. Legislative reforms have focused on two key elements. First, expanding accountability to directors and other senior officers of the corporate entity. Second, using alternative punishments for those found liable for the most serious safety breaches, in particular the introduction of the concept of industrial manslaughter and the imposition of prison as a sentencing option. This paper reviews the developments of these two aspects in the context of the Australian occupational safety and health and business environment.