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.

View at publisher

Abstract

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.

Impact and interest:

Search Google Scholar™

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

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

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page