The NSW government will introduce a bill to create the offence of industrial manslaughter and penalise businesses or individuals responsible for workplace death due to gross negligence.

If passed, the legislation would impose maximum penalties of 25 years in jail for individuals and $20 million in fines for companies.

NSW is the only mainland state without an industrial manslaughter offence. Under current laws, the maximum penalty for the worst offence under its Work Health and Safety Act 2011 is a five-year prison term or a $3.8 million fine.

The government says it will establish a new unit in the NSW Office of the Director of Public Prosecutions to focus on industrial manslaughter offences.

“Any workplace death is a tragedy and in cases where a person with a work health and safety duty has been careless or irresponsible, they must be held accountable,” Work Health and Safety Minister Sophie Cotsis said. “The offence of industrial manslaughter will apply to the worst of the worst cases where gross negligence has caused the death of a person in a workplace.”