Corporate health and safety crime at work

Barrister calls for company asbestos manslaughter law
Kristen Smith, Brisbane Courier Mail

24 December 2001

A BARRISTER whose father died from asbestos exposure has called for companies who continued to use it after health risks were revealed to be held criminally liable.

Ernie Harris, 84, died last week after exposure to asbestos during 43 years in the building industry.

His son Peter Harris said companies which continued to expose workers to asbestos after the dangers were known were criminally liable and should face charges.

"The companies responsible have been paying blood money through civil actions," Mr Harris said.

"It's now time to consider criminal sanctions in order to prevent any repetition of these events by big business in the future."

The Queensland Council of Unions yesterday backed calls for laws enabling the criminal prosecution of employers on charges of industrial manslaughter.

QCU general secretary Grace Grace said employers were no different to the average person who could face criminal charges if they were found to be negligent.

"If you're driving dangerously and kill someone you can be charged with criminal negligence and it should be no different for employers," Ms Grace said.

"When an employer is knowingly doing something wrong and somebody has died because of it, employers should face industrial manslaughter charges.

The State Government is already consulting with industry to introduce industrial manslaughter laws.

But a spokesman for Attorney-General Rod Welford said the laws would not be retrospective.

The QCU said the numbers of retired workers dying of asbestos exposure was
increasing, as the damage to a person's body could go undetected for
decades.

Shirley White, of the Queensland Asbestos Related Disease Support Society, said the group had 408 surviving members which was growing by five to six people a month.