Enforcing upstream: Australian health and safety inspectors and upstream duty holders
Description
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:
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ID Code: | 78210 |
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Item Type: | Contribution to Journal (Journal Article) |
Refereed: | Yes |
Measurements or Duration: | 20 pages |
ISSN: | 1030-7222 |
Pure ID: | 32398756 |
Divisions: | Past > QUT Faculties & Divisions > Faculty of Law Current > Schools > School of Law Current > Research Centres > Australian Centre for Health Law Research |
Copyright Owner: | Copyright 2012 LexisNexis |
Copyright Statement: | This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au |
Deposited On: | 12 Nov 2014 02:05 |
Last Modified: | 01 Mar 2024 13:07 |
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