The Victorian state government is set to introduce new workplace manslaughter legislation that will impact every workplace in Victoria.
Those who are found guilty of breaching this new law will be facing maximum penalties of $16 million and 20 years imprisonment.
The Victorian Farmers Federation has a number of concerns regarding the new legislation.
Firstly, Worksafe is the investigating and enforcing entity.
In any other circumstance where there is suspicion of manslaughter, Victoria Police have the responsibility of conducting the investigation.
The VFF is questioning whether Worksafe has the capacity to accurately undertake this responsibility while delivering just outcomes for all Victorians.
The government has allowed an exemption for employees, meaning the bulk of the workforce will not be liable.
VFF considers that this is not in keeping with OH&S practice where all workers should be held responsible for ensuring a safe work environment.
However, with this legislation it is the directors and officers of businesses, such as your family farm, that will be criminally liable if found not to have provided a safe work environment.
The VFF does not support the heavy handed approach the state government is taking on this issue.
The VFF has called on the state government to provide an exemption for small farm businesses and family members within a business, just as government has exempted other employees.
Any farm accident is tragic and it is usually a close loved one we lose.
The state government cannot keep ignoring the calls of the farming community who are essential to Victoria's economy.
- David Jochinke, VFF president
