The first report of the National Review of OHS Laws has made 75 recommendations to the Federal and State Governments on harmonising the laws that cover health and safety at work.
OHS fines to jump to $3 mill for companies, $600,000 for directors
Fines for recklessness or gross negligence and serious harm including death will jump to $3 million for companies and to $600,000 for individuals such as directors.
The recommended maximum jail sentence for individuals will be 5 years, which is higher than that applying in most states but a drop in standards for the ACT where there is a 7 year maximum.
"We are pleased that the Panel Report has recognised that breaches of OH&S laws are criminal rather than civil matters," ACTU Assistant Secretary Geoff Fary said.
Recommendations a step in right direction
"These recommendations are a step in the right direction, but need to go much further to protect working people by tightening up the rules on employers' duty of care to their workforce.
"There is a real need to address the carnage that is taking place in workplaces by increasing fines and tightening up employers' duty of care, but we are concerned that in NSW and QLD injured workers and their families will lose out because they already have laws that squarely put the onus of proof on employers when they allegedly breach the law."
Currently, the fines for breaking OHS laws vary between States and Territories but the maximum penalty is rarely handed down by courts.
Courts should be encouraged to use maximum penalties
"Unions believe that the ability to fine companies a percentage of the turnover would be a better deterrent, because even a $3 million fine is a drop in the ocean for some big corporations.
"At the moment employers can get fined more for breaching trade practices law than for being found guilty of contributing to employees being killed or maimed in their workplace.
"The courts should also be encouraged to use the maximum penalties. At the moment they don't.
"Unions will continue to campaign for laws that put an unqualified duty of care on employers to provide a healthy and safe workplace," said Mr Fary.
236 Australians die from traumatic workplace injury
The Council of Australian Government's (COAG) move to reform and harmonise Australia's workplace health and safety laws was announced in April by Julia Gillard, Federal Minister for Employment and Workplace Relations.
A three-person panel has conducted the review and COAG will consider the final recommendations from the panel after a second report is released by February.
Government figures show that in 2005-06, 236 Australians died from a traumatic workplace injury or disease and 139,630 Australians were compensated for a serious workplace injury or illness.
But unions believe that this official figure underestimates the true scale of the problem.
National Secretary: Paul Howes