The mother of a worker killed on a Kingston Foreshore construction site has welcomed the recommendations of a recent review of national workplace safety laws, but doubts they will ever be implemented.
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Kay Catanzariti, whose son Ben was killed in 2012 when a concrete pouring boom fell on him, said the independent review for Safe Work Australia was a welcome step forward for workplace safety, but she questioned whether governments would act on its recommendations.
Among the 34 recommendations laid out by former Safe Work South Australia executive director Marie Boland earlier this week were calls for an industrial manslaughter offence to be implemented nationwide.
Currently, industrial manslaughter laws are in effect in the ACT and Queensland, with Labor pledging to introduce a similar charge in NSW and Victoria.
The federal government said in December last year it would not support a national industrial manslaughter law and that the rate of workplace deaths had not changed in the ACT since the territory introduced the offence.
But Ms Catanzariti was adamant about the need for consistent laws across Australia.
"More uniform laws throughout the country would make it easier, and you would have companies doing the right thing in protecting workers," Ms Catanzariti said.
"Now the report has come out, the government's not likely to act on it because it's so close to an election."
The industrial manslaughter charge would make employers more liable for gross negligence or a death of their workers.
The national review found there were many hurdles to get a conviction for companies, with prosecutors having to identify a grossly negligent individual whose conduct could be attributed to the company.
While the ACT has industrial manslaughter laws, the charges cannot be heard in the industrial court due to the penalty being greater than 10 years in prison.
Ms Catanzariti said no one had been charged with the offence in the ACT and a precedent for industrial manslaughter had to be set.
"The current ACT laws have failed and they are not workable," she said.
"While there's already industrial manslaughter in the criminal act, that only covers an individual."
A coronial inquest into Mr Catanzariti's death concluded last month, with Coroner Karen Fryar finding it was not possible to say what caused the failure of bolts holding the concrete boom that fell on the 21-year-old.
Ms Catanzariti said the current approach to workplace incident had focused on support to families, but more was needed to prevent workplace deaths.
"We need our workers coming home, and there has to be a level playing field," she said.
"We need the industrial manslaughter laws and extra funding to regulators so they can actually do a proper investigation."
Jobs Minister Kelly O'Dwyer said she had sought the support of states and territories to improve support services to families, with federal and state ministers to make a formal decision on the review's recommendations later this year.
"The government is focused on doing everything it can to ensure all states, territories and the Commonwealth have strong systems in place to make Australian workplaces healthier and safer," Ms O'Dwyer said.
Among the other recommendations in the review was an increase in fines for individuals and business found to have breached workplace safety laws.
An ACT government spokeswoman said all recommendations from the review were being considered.
"The ACT supports the inclusion of an industrial manslaughter offence in the model [work health and safety] laws," the spokeswoman said.
"However, as the ACT has acknowledged previously, the drafting and design of an industrial manslaughter offence will be critical to its effectiveness."
The ACT government spokeswoman said talks with other jurisdictions were critical in establishing uniform laws.
"We recognise that, while we were the first jurisdiction to introduce industrial manslaughter offences, there are more contemporary models available," the spokeswoman said.
WorkSafe ACT commissioner Greg Jones said the review was a positive step forward.
"Whether the government adopts the recommendations or not, that's a matter for the government," Mr Jones said.
"There are some definitional restrictions with current industrial manslaughter laws and that would be something we'd be keen to discuss with the government."
