Modern Australian
Men's Weekly

.

Another building-site death adds to demands for industrial manslaughter laws

  • Written by Bobbie Oliver, Honorary Research Fellow, Humanities, University of Western Australia

The death of 23-year-old apprentice Jonnie Hartshorn on a Perth university building site is the 23rd workplace fatality among construction workers in Australia in 2020.

Hartshorn was killed on October 13 after falling 20 metres when the glass canopy of the building he was working on at Curtin University collapsed. Two co-workers were seriously injured.

The causes of the collapse, and any legal liability, are yet to be determined. But Hartshorn’s death highlights a tragic record of construction fatalities.

Today several hundred workers rallied at Western Australia’s Parliament House to demand new laws to make workplace manslaughter a criminal offence, as Labor governments have done in Queensland, Victoria and the Australian Capital Territory.

Western Australia’s Labor government has already introduced such legislation into parliament. But it has stalled in the upper house, where Labor members hold only 14 of the 36 seats. With the Liberal and National parties opposed to higher penalties, passage depends on four Greens, two One Nation members, one Liberal Democrat and one Shooters, Fishers and Farmers representative.

Criminal penalties may well help. But my research into the history of deaths on West Australian construction sites (for a paper to be published in the journal Labour History next month), highlights a range of issues contributing to past workplace deaths.

These include unskilled workers in insecure jobs, insufficient training, and the marginalisation of unions. These systemic problems also need to be addressed.

Read more: Killed in the line of work duties: we need to fix dangerous loopholes in health and safety laws

Workplace fatalities in Australia

The 23 deaths on building sites account for about 19% of the 122 workplace deaths in Australia so far this year. Just two industry sectors have had more deaths – transport, postal & warehousing (38 deaths) and agriculture, forestry & fishing (25 deaths) – with vehicle accidents being the main cause.

The most recent statistics from Safework Australia (the federal agency that develops national work health and safety policy) show the highest fatality rate is among machinery operators and drivers (6.2 deaths per 100,000 workers). This is followed by labourers (2.9 per 100,000) and technicians and trades workers (1.5). By comparison, the rate for clerical and sales workers is 0.1 per 100,000.

Work health and safety laws are the responsibility of state and territory governments. They mandate employer’s duties to provide a safe work environment, with penalties for non-compliance. The Australian Capital Territory was the first jurisdiction to introduce industrial manslaughter laws, in 2004. Queensland did so in 2017, and Victoria earlier this year. Elsewhere employers found culpable for worker deaths face only fines.

Read more: How and why do construction plant-related fatalities occur?

Would higher penalties prevent deaths?

Under existing West Australian laws, body corporates can be fined up to A$3.5 million for negligence causing a worker’s death. Between 1999 and 2019, though, the highest fine imposed was A$160,000, on trucking company Axedale Holdings in 2018 over the deaths of two construction workers, Joseph McDermott, 24, and Gerard Bradley, 27, who were crushed by concrete panels being unloaded from a trailer in November 2015.

Whether higher penalties create safer work places is a matter of debate.

Unions and others have campaigned for criminal penalties, believing the prospect of a prison sentence for employers might serve as an incentive to improve safety.

But international research shows the success rate of corporate manslaughter prosecutions against corporations and individual officers has been poor, because attributing physical fault is difficult.

Lines of non-responsibility

One of the problems on construction sites is the prevalence of sub-contractors and workers hired through labour-hire companies. This muddies clear lines of accountability. According to safety inspectors, labour-hire firms, sub-contractors and even construction companies are often ignorant of their duty of care to employees.

Some building companies are notorious for employing unskilled, poorly trained foreign nationals on casual contracts. Workers in precarious employment fear to speak out about safety breaches. Steve McCartney, the West Australian state secretary of the Australian Manufacturing Workers’ Union, which represents maintenance workers on building sites, told me of cases of workers being sacked for speaking out about safety issues.

Read more: Killed in the line of work duties: we need to fix dangerous loopholes in health and safety laws

In these circumstances, responsibility for safety is often left to the individual worker, rather than the employer as work safety laws mandate

Another building-site death adds to demands for industrial manslaughter laws At the scene of the collapsed building at Curtin University on October 13, 2020. Richard Wainwright/AAP

Pushing out unions

The casualisation of labour and emphasis on individual responsibility for safety is concurrent with the marginalisation of unions. Since July 2019, for example, changes to the federal Fair Work Act pushed through by the Morrison government require union officials to give 24 hours’ notice in writing before entering a work site.

The federal government has argued such amendments are necessary to curb unlawful union behaviour, particularly by the Construction, Forestry, Maritime, Mining and Energy Union.

Its war against the union has included a establishing a royal commission into the building industry in 2014, reinstating the Australian Building and Construction Commission in 2016 (first established by the Howard government in 2005), and several attempts to pass its Ensuring Integrity Bill, concentrated on reducing union power.

Read more: 'Louts, thugs, bullies': the myth that's driving Morrison's anti-union push

Whatever the merits of addressing “rogue unionists”, a wide-ranging body of research indicates work sites with an active union presence are safer than non-union sites. For example, a 2015 Canadian study analysing data from more than 40,000 construction firms concluded unionised workers were “almost 30% less likely to suffer critical injuries”.

Another building-site death adds to demands for industrial manslaughter laws Members of the Construction, Forestry, Maritime, Mining and Energy Union and other workers rally in Adelaide in October 2019 to demand the introduction of industrial manslaughter laws. Kelly Barnes/AAP

Workers must, of course, take responsibility for their own safety, but this can only be effective in an environment where reporting safety breaches is encouraged and rewarded.

Employees are empowered when they have a voice through safety committees and union representatives. Secure work and adequate training are also empowering. Too many workers have neither.

Authors: Bobbie Oliver, Honorary Research Fellow, Humanities, University of Western Australia

Read more https://theconversation.com/another-building-site-death-adds-to-demands-for-industrial-manslaughter-laws-148335

The Value of Professional Rubbish Removal Services

From everyday waste to bulky items like furniture and appliances, finding the right way to dispose of rubbish is not always straightforward. This is...

Why Ugly Websites Sometimes Outperform Beautiful Ones

In the digital age, we're constantly told that first impressions matter, and nowhere does this seem more apparent than in web design. However, a cur...

TPD Claims & Super: What Does It All Mean?

Many Australians hear the term "TPD" in relation to their superannuation and feel completely lost. If you're scratching your head, wondering what it...

What Does Breastfeeding Feel Like? A Guide for New Moms

Frequently, numerous new mothers wonder, "What does breastfeeding feel like?" The feeling is different for each individual - a few describe it as a ...

Best Nail Care Routine for Frequent Nail Polish Wearers

For many people, nail polish is more than a beauty statement – it’s part of their everyday routine. Whether you love bold colours, chic neutrals...

Reinventing Research: How E-Libraries Are Changing Education Forever

A New Chapter for Learning For centuries libraries stood as temples of knowledge filled with shelves that smelled of dust and paper. Today the same...

Psychologists Explore Gestalt Vs Schema Therapy for PTSD Treatment

Recent research has revealed that in 2022, 1 in 9 Australians experienced post-traumatic stress disorder (PTSD). For some, this can significantly im...

Beyond Sunscreen: Building a Sun-Smart Culture in Modern Australia

Australia’s sun-soaked lifestyle is a defining part of its national identity. From beaches and sports fields to weekend barbecues and bushwalks, t...

What is Power BI & Why Should Your Business Use It?

In today's data-driven world, businesses are constantly searching for ways to gain a competitive edge. One tool that has emerged as a game-changer i...

From Service to Strength: How Aussie Veterans Are Rebuilding Their Lives with Everyday Support

Life after military service can bring new challenges. From physical limitations to mental health hurdles, many Australian veterans find everyday hou...

The Best Times of Year to Buy a Caravan

If you're shopping for caravans for sale, timing matters almost as much as the layout and features you desire. The calendar shapes price, stock and ...

The Growing Demand for Smart Living Through Home Automation

Technology has reshaped how we communicate, work, and travel—but now, it’s also changing the way we live at home. The rise of home automation i...

Beyond Clicks and Likes: Why Many Small Businesses in Australia Still Aren’t Leveraging Digital Marketing in 2025

Introduction In 2025, online marketing has become the driving force behind business growth for companies of all sizes. Yet, despite its proven effect...

Lighting Shop Perth: Your Comprehensive Guide to Choosing the Right Lighting Solutions

Lighting is a fundamental element in defining the ambiance, functionality, and aesthetic appeal of any space. Whether you are renovating your home, ...

Private Booze Cruisers – The New Must-Have Toy for Cashed Up Millennials

Did you hear that your 30s are the new 20s? We’ve finally rocked up that adult money and now it’s time to play with it. I was going for a walk ...

Grinding & Jaw Soreness: Signs You Might Need Night Guards and How We Protect Enamel

Waking with a tight jaw, tender muscles, or a dull temple headache is more than a bad night’s sleep. Many Australians grind or clench their teeth ...

Circular Interior Design: Furnishing with Salvaged & Reclaimed Materials

Circular interior design is gradually making its way from niche circles into mainstream Australian homes. At its core, this approach revolves around...

Invisible Braces vs Traditional Braces: Which Is Best for Adults?

Straightening teeth as an adult is common in Australia, and the options are better than ever. The two main choices are clear aligners, also called i...