Responding to Culpable Corporate Behaviour -- Current Developments in the Industrial Manslaughter Debate

Abstract

A persistent record of workplace death and injury each year has raised new questions - how should the law respond to an accidental workplace death where no one particular person can be found to be at fault but with the fault lying in the state of the workplace - because the existing common law of manslaughter does not adequately cover this area, some jurisdictions have introduced the specific offence of 'industrial manslaughter' - other jurisdictions have increased penalties under the existing occupational health and safety criminal offence regime - recent developments in Australian jurisdictions, and internationally.

Keywords: COMPANIES, CRIMINAL LAW, EMPLOYERS LIABILITY, MANSLAUGHTER, OCCUPATIONAL HAZARDS