The issue of criminal responsibility for workplace deaths has generated debate in NSW and nationally for many years. In October 2023, the New South Wales government announced that it would introduce an industrial manslaughter offence in the first half of 2024, with severe penalties for serious work health and safety breaches that result in death.

The purpose of this paper is to put the proposed reforms in their current and historical context. The paper discusses the general criminal offence of manslaughter, outlines the key offences in current work health and safety laws, summarises the debate, and examines industrial manslaughter laws in other Australian jurisdictions.