Exploring the re-criminalising of OHS breaches in the context of industrial death

Hall, Andy & Johnstone, Richard (2005) Exploring the re-criminalising of OHS breaches in the context of industrial death. Flinders Journal of Law Reform, 8(1), p. 57.

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Since the 1980s the calls for further criminalisation of organisational conduct causing harm to workers, the public and the environment have intensified in Australia, Canada and England and Wales.' One focal point of this movement has been the criminal law's response to organisations (and their personnel) failing to comply with occupational health and safety ('OHS') standards, particularly when physical harm (death and serious injury) has resulted from those breaches. Some governments have responded with proposals to enable manslaughter prosecutions to be initiated 'more effectively' against organisations causing the deaths of workers or, in some cases, members of the public (Archibald et al, 2004; Haines and Hall, 2004; Hall et al, 2004; Tombs and Whyte, 2003). In Australia governments have also increased monetary penalties for regulatory OHS offences, a few have introduced other contemporary organisational sanctions, and some have initiated OHS prosecutions more vigorously and with larger fines.

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ID Code: 78213
Item Type: Journal Article
Refereed: Yes
Additional URLs:
ISSN: 1838-2975
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 2005 Flinders University * School of Law
Deposited On: 06 Nov 2014 02:58
Last Modified: 12 Feb 2015 03:59

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