Industrial Manslaughter in Horticulture: What Every Grower and Labour Hire Must Know

Industrial manslaughter laws have fundamentally changed workplace safety in Australia. What was once handled primarily through regulatory fines and civil penalties is now a serious criminal offence that can send directors and officers to prison for decades. For growers and labour hire providers operating in horticulture — an industry with high-risk work environments, seasonal pressures, and complex employment arrangements — understanding these laws is not optional. It is essential.

The Law

What Is Industrial Manslaughter Under the OHS Act 2004?

In Victoria, industrial manslaughter was introduced on 1 July 2020 through section 39G of the Occupational Health and Safety Act 2004. It applies when an employer or an officer of an employer owes a duty under the OHS Act, and their negligent conduct leads to the death of a worker or a member of the public.

Duty Under the OHS Act

The person or body corporate must owe a health and safety duty under the Act — this includes employers, persons conducting a business or undertaking, and officers of those entities.

Negligent Conduct

The conduct must involve a great falling short of the standard of care that a reasonable person would exercise in the circumstances. This is not about minor oversights — it is about serious and systemic failures.

Breach of Duty

The negligent conduct must constitute a breach of the duty owed under the OHS Act. Simply having a duty is not enough — the duty must actually be breached.

Causes Death

The breach must cause the death of another person. There must be a direct causal link between the negligent breach and the death.

Penalties

The Consequences Are Severe and Real

Industrial manslaughter carries the most severe penalties in Australian workplace safety law. These are not theoretical — they are being actively enforced by regulators, and the first conviction has already occurred.

Individuals: Up to 25 Years Imprisonment

Directors, officers, and individuals who owe a duty under the OHS Act face a maximum penalty of 25 years imprisonment if convicted of industrial manslaughter. This applies to anyone who holds a position of influence over workplace safety decisions.

Bodies Corporate: Fines Up to $18.29 Million

Companies convicted of industrial manslaughter face fines of up to $18.29 million based on 2025–26 penalty unit values. These fines are large enough to end most small and medium businesses.

First Conviction: February 2024

The first industrial manslaughter conviction in Victoria was handed down in February 2024 against a stonemasonry company, LH Holding Management, which was initially fined $1.3 million. On appeal in April 2025, the fine was increased to $3 million — sending a clear signal that courts will treat these offences seriously.

Active Enforcement

Regulators are actively investigating workplace deaths under these laws. The increase from $1.3 million to $3 million on appeal demonstrates that courts view initial penalties as potentially too lenient. Expect enforcement to intensify.

Labour Hire

Why This Matters for Labour Hire Arrangements

Labour hire arrangements in horticulture create overlapping duties of care. Both the labour hire provider and the host employer owe duties to the worker — and both can be charged with industrial manslaughter if their negligence contributes to a worker's death. The “blame the other party” defence will not work.

Host Employer Duties

The host employer (grower) is liable for the safety of the work environment. This includes ensuring safe machinery, adequate heat stress management, availability of first aid, safe chemical handling procedures, and proper supervision of workers on site.

Labour Hire Provider Duties

The labour hire provider is liable for ensuring workers are fit for the work they are deployed to, that they have received adequate training, and that the provider follows up on known hazards at the host site. Sending untrained workers into dangerous environments is negligence.

Individual Directors Can Be Charged

It is not just the company that faces liability. Individual directors and officers of both the labour hire company and the host employer can be personally charged with industrial manslaughter if their negligence contributed to the death.

No Shifting Blame

Courts have made it clear that pointing to the other party is not a defence. Both the labour hire provider and the host employer have independent, non-delegable duties. Each party must satisfy its own obligations regardless of what the other party does or fails to do.

Shared Duties

The Duty to Consult, Cooperate and Coordinate

Section 26A of the OHS Act requires duty holders who share responsibilities for the same matter to consult, cooperate, and coordinate with each other. In labour hire arrangements, this is not a suggestion — it is a legal requirement that underpins the entire safety framework.

Clear Written Agreements

Both the labour hire provider and the host employer must have clear, written agreements that spell out exactly who is responsible for what when it comes to OHS. Verbal understandings and assumptions are not good enough.

Regular Communication About Hazards

Both parties must regularly communicate about hazards, incidents, and controls. If a hazard is identified on site, both parties need to know about it. If an incident occurs, both parties must be informed and involved in the response.

Joint Safety Management

Safety cannot be managed in silos. Both parties must coordinate their safety management systems, share risk assessments, align training requirements, and ensure there are no gaps between what each party assumes the other is doing.

Documentation Is Your Evidence

If a workplace death occurs, the first thing investigators will look for is evidence of consultation, cooperation, and coordination between the labour hire provider and the host employer. If it is not documented, it did not happen.

National Context

Industrial Manslaughter Is Now Criminal Across Australia

Industrial manslaughter is no longer limited to one or two jurisdictions. Every Australian state and territory now has industrial manslaughter as a criminal offence. This means there is nowhere in Australia where an employer can operate without facing potential criminal liability for a negligent workplace death.

01

Every Jurisdiction

Industrial manslaughter is a criminal offence in Queensland, Victoria, Western Australia, the ACT, the Northern Territory, South Australia, New South Wales, and Tasmania. National coverage is now complete.

02

Consistent Enforcement

While penalty details vary between jurisdictions, the core principle is the same everywhere: negligent conduct that causes a workplace death is a criminal offence carrying serious prison terms and massive fines.

03

Multi-State Operations

If your horticulture business or labour hire operation works across state borders, you are subject to the industrial manslaughter laws of each jurisdiction you operate in. Compliance must be jurisdiction-specific.

04

Regulators Are Coordinating

State and territory regulators are increasingly sharing information and coordinating enforcement. A poor safety record in one jurisdiction can trigger scrutiny in another.

New Obligations

Psychosocial Hazard Regulations (1 December 2025)

New psychosocial hazard regulations commenced on 1 December 2025, expanding the scope of what employers must manage. These regulations require both labour hire providers and host employers to identify and control psychosocial hazards — and failure to do so can now form the basis of a negligence finding under industrial manslaughter laws.

Heat Stress

Horticulture workers regularly face extreme heat conditions. Failing to manage heat stress through rest breaks, shade, hydration, and adjusted work schedules is now a psychosocial hazard that must be formally identified and controlled.

Unrealistic Targets and Demands

Setting picking targets or production quotas that push workers to skip breaks, work through dangerous conditions, or take unsafe shortcuts is a psychosocial hazard. Both the grower setting the targets and the labour hire provider enforcing them share responsibility.

Bullying and Harassment

Workplace bullying, harassment, and intimidation are psychosocial hazards that must be proactively managed. This includes supervisor behaviour, worker-to-worker conduct, and systemic cultural issues on the worksite.

Unfair Treatment

Inconsistent application of rules, favouritism, discrimination, and unfair allocation of work are all psychosocial hazards. Both employers must have systems to identify and address these issues before they cause harm.

Worker wellbeing and psychosocial safety

Need Help Getting Your Safety Compliance Right?

Industrial manslaughter laws are serious and they are being enforced. Whether you are a grower or a labour hire provider, we can help you understand your obligations, build the right documentation, and make sure you are protecting your workers and yourself.

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