A breach of the statutory duty imposed on employees by s 20 of the Occupational Health and Safety Act 2000 (NSW) cannot found a charge of involuntary manslaughter; the legislature intended liability to be limited to the penalties in the Act. However, a common law duty of care may arise between an employee/director and a fellow employee where the former had a causative role in creating the risk, authority over the manner of work, decision-making responsibility, and the deceased was vulnerable. The decision in Andar Transport v Brambles, which holds that the duty to provide a safe system of work lies solely on the employer, does not preclude the imposition of a common law duty on an employee who is also a director in respect of casual acts of negligence.
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