FARMERS throughout Western Australia have growing concerns over the State government's draft legislation which would introduce two new offences of industrial manslaughter.
These concerns have been taken on by the Pastoralists and Graziers Association of WA (PGA) which has embarked on a campaign to oppose the Work Health and Safety Bill.
"The core of our concerns is embedded in the Master Builders' Association submission," said PGA president Tony Seabrook.
He said those concerns were basically the repercussions to businesses and the lack of consultation on the industrial manslaughter aspects.
"In the early stages of the Bill there was consultation but in relation to the industrial manslaughter it was unexpected and un-negotiated," Mr Seabrook said.
"It is detrimental to employees.
"If passed I would as an employer seek to get rid of anyone out of the system that represents a risk.
"So all the talk of (premier) Mark McGowan being pro jobs - this is anti-jobs."
Mr Seabrook said during their campaign they will be "going at this hammer and tongs".
"A referral of the Bill to the committee for review by the Upper House would be a good outcome," he said.
Master Builders WA has joined other industry groups across the agriculture, transport, building and construction, communications, hospitality and property sectors in voicing strong concern about the proposed new industrial manslaughter laws.
Master Builders executive director John Gelavis said the laws stand to hurt small businesses and those working in them.
"Given 97 per cent of WA businesses are small and medium enterprises, this has an enormous impact that does not seem to have been fully comprehended," Mr Gelavis said.
"Further, the laws also capture the public sector and may have a significant impact on the provision of essential services to the broader community across WA.
"Most concerning, the laws undermine improvements made in co-operation and safety culture over several decades and pose significant risk to safety outcomes.
"Without consultation on the impact of the laws, including the practical, legal and justice issues arising from them, the government cannot be said to have met due process.
"It is important to consult with safety experts and those on the ground dealing with safety risks every day."
"The strong view is that the laws will not only fail to improve safety outcomes but have a significantly detrimental effect on safety in workplaces.
"That is not a good result for anyone."
The Bill is said to "modernise workplace safety laws, better protect workers and hold those responsible for any workplace deaths", according to the State government.
One of the main features of the legislation is the introduction of two new offences of industrial manslaughter, which go beyond what the government said it was trying to introduce.
Industrial manslaughter class one - the most serious offence - includes a maximum penalty of 20 years' imprisonment for an individual conducting or undertaking a business; and industrial manslaughter class two includes a maximum penalty of 10 years' imprisonment for negligent behaviour.
In it's press statement the government said "this is a result of significant public concern and from recommendations of two recent Federal reviews - the Boland review and the recent Senate standing committee on education and employment report".
The new offences will also carry a fine of up to $10 million for a body corporate.
During its second reading in parliament, concerns were raised at the lack of community consultation, particularly with the agricultural sector, that it was going beyond the national standard that it was adopting and that the government was rushing it through without waiting for a committee's report on similar issues.
Nationals Member for Roe Peter Rundle said "at no stage have I heard any members opposite talk about the Western Australian Farmers' Federation, the Pastoralists and Graziers Association or Safe Farms WA" as those it consulted with.
"My biggest disappointment is that the government is introducing this legislation when the government-majority Standing Committee on Public Administration in the upper house has been working on an inquiry into WorkSafe since 2017 and is due to report later this year," Mr Rundle said.
"What is that committee doing and why is the minister attempting to put this legislation through without waiting for the committee to report?"
Mr Rundle said there were many unanswered questions about who would be responsible and liable on a farm under varying circumstances such as in the shearing shed, undertaking voluntary community firefighting, or if a neighbour assists on the farm and a death occurs.
Along with the new legislation is a commitment by the government to "invest $12.9 million in new initiatives, to enhance workplace health and safety", including boosting the total number of inspectors to 120 to ensure a ratio of 1 inspector per 10,000 employees and adding 16 vehicles to the fleet.
These inspectors will investigate fatal and serious incidents.
A new worker safety campaign called Better Worker Safety, which aims to put safety at front of mind and improve workplace safety and health outcomes in WA, will also be developed.
Mr McGowan said worker safety was "one of my highest priorities, which is why we're rolling out a host of extra workplace safety initiatives to improve compliance and safety, and strengthen our laws".
"The death of one worker is one too many, it's time we introduce industrial manslaughter laws to make sure Western Australians are protected at work," Mr McGowan said.
"Prison time sends a powerful message, but we don't want it to come to that.
"We would much rather everyone came home safe from work and that's why we are boosting the number of safety inspectors, to put more cops on the beat."
Industrial Relations Minister Bill Johnston said the changes would bring WA in line with the national model and help reduce costs and unnecessary duplication of processes.
"Our work health and safety laws haven't been updated since 1984 and are long overdue for change," Mr Johnston said.
He said developing the Bill involved an extensive consultative process and all views submitted had been considered.
WAFarmers chief executive officer Trevor Whittington said the new laws were "clearly driven by an ideological push from the unions to go after the directors of companies at the big end of town".
"It's old school 1970s class war," Mr Whittington said.
"The problem is the big end of town will be saved by their expensive lawyers and the collateral damage will be small businesses, particularly family farms, who through no fault of their own will be pursued to bankruptcy, or worse jail, by WorkSafe, if they suffer an on farm death.
"Farms are dangerous places but the statistics have been steadily tracking down for the past 20 years.
"If the minister was really serious about saving lives he would put money into education and culture change by putting a fraction of his departmental budget into workplace engagement, but no, he believes locking people up will change behaviour.
"What's next - threaten to reintroduce the death penalty?"
WAFarmers attended the Work Safe Summit on May 27, where it said it would call on the government to spend $1m a year on an education cultural change program driven by Safe Farms WA.
