Enforcing upstream: Australian health and safety inspectors and upstream duty holders

Bluff, ELizabeth, Johnstone, Richard, McNamara, Maria, & Quinlan, Michael (2012) Enforcing upstream: Australian health and safety inspectors and upstream duty holders. Australian Journal of Labour Law, 25(1), pp. 23-42.

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The ‘new style’ occupational health and safety legislation implemented in Australia from the late 1970s changed the character of OHS legal obligations, establishing general duties supported by process, performance and, more rarely, specification standards,1 and extending obligations to those who propagate risks as designers, manufacturers, importers or suppliers — the ‘upstream duty holders’. This article examines how OHS agencies inspect and enforce OHS legislation upstream, drawing on empirical research in four Australian states and relevant case law. We argue that upstream duty holders are an increasing area of attention for OHS inspectorates but these inspectorates have not yet risen to the challenge of harnessing these parties to help stem, at the source, the flow of risks into workplaces.

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ID Code: 78210
Item Type: Journal Article
Refereed: Yes
ISSN: 1030-7222
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2012 LexisNexis
Deposited On: 12 Nov 2014 02:05
Last Modified: 12 Feb 2015 04:00

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