Academic literature on the topic 'Industrial safety Law and legislation Victoria'
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Journal articles on the topic "Industrial safety Law and legislation Victoria"
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McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (June 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.
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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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Makarenko, O. Y., Ye S. Nazymko, Yu A. Krasnova, N. A. Makarenko, and V. A. Doroshenko. "Problematic issues of attracting criminal responsibility for the crimes against industrial safety." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 4 (August 30, 2022): 91–95. http://dx.doi.org/10.33271/nvngu/2022-4/091.
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Purpose. To give recommendations on improving the legal acts to regulate the relevant legal relations in the field of criminalization of encroachments related to violation of labor protection legislation. Methodology. The study on problematic issues of prosecution for violating the requirements of labor protection legislation was carried out through the study and analysis of: legislative base of Ukraine; works of scientists in relevant fields; analysis of judicial practice (on the example of analysis of judicial practice in cases considered by courts of general jurisdiction of Dnipropetrovsk region and the Supreme Court for the last 15 years) on bringing persons to justice under Parts 1, 2 of Article 271 of the Criminal code of Ukraine Violation of requirements of the legislation on labor protection. Findings. Some problems that arise in the formation of the criminal law practice of prosecuting persons accused of criminal offenses related to violations of labor legislation, which has led to damage to the health of a worker or their death, including inconsistency of criminalization violation of the severity of negative legal consequences for the perpetrators. Originality. The work analyzes the problematic issues of bringing one to justice for violating the requirements of labor protection legislation if this violation has caused harm to the health of the victim or his death. Proposals aimed at amending and improving the current criminal and criminal procedure legislation of Ukraine are substantiated. Practical value. The norms of the responsibility for violation of the legislation on labor protection, judicial practice of the recent years on law enforcement of the corresponding norms are investigated in the work. It is concluded that the current criminal legislation needs to be changed in terms of strengthening the responsibility for the actions provided in Part 2 of Article 271 of the Criminal Code, in the form of increasing the sanction in the form of imprisonment and mandatory application of additional punishment in the form of a ban on holding relevant positions. The results of the study have implications for practicing lawyers, legal advisers and attorneys, lawmakers, and affected workers and their families in the event of the death of a worker.
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Klovach, E. V., G. M. Seleznev, and A. Yu Sulimov. "Relationship between the Classification of Chemical Products and Criteria for Qualifying Objects as Hazardous Production Facilities." Occupational Safety in Industry, no. 10 (October 2022): 27–32. http://dx.doi.org/10.24000/0409-2961-2022-10-27-32.
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In 2002 the international community adopted a new system of hazard classification and labeling of chemical products, which is recommended to be implemented by all the Member- countries of the United Nations through national legislation and international acts. Within the frame of the implementation of this decision, in 2015 the amendments were made to the Directive of the European Community of June 24, 1982, № 82/501/EEC on the prevention of major industrial accidents, and to the United Nations Convention onthe prevention of major industrial accidents, and a little later to the national legislation of the European countries establishing measures on preventing major accidents. In 2017, the countries of the Eurasian Economic Union adopted the technical regulation on the safety of chemical products, which establishes classification criteria that are completely identical to the criteria for the system of hazard classification and labeling of chemical products. Entry into force of the technical regulation of the Eurasian Economic Union will lead to the need for amending all theregulatory legal acts and regulations that contain regulations based on the classification of chemical products, including in the Federal Law № 116-FZ of July 21, 1997, On industrial safety of hazardous production facilities. The task of harmonizing the legislation on industrial safety with the international documents in terms of the classification of chemicals was planned to be solved when developing a new law on industrial safety. During the discussion, the developers encountered different approaches to the definition of classes of hazardous substances, the analysis of which became the subject of this article. The authors formulated proposals that can be used at the next round of harmonization of the Russian legislation on industrial safety with the international documents. When preparing proposals with classes and lists of hazardous chemicals for use in the industrial safety legislation, a comparison was made not only of the definitions of classes of chemicals in different documents, but also of their quantities, which are the criteria for qualifying objects as hazardous production facilities. It is noted that the term «flammable liquids», used in 116-FZ, practically does not occur in the international classifications, therefore, when developing new documents, it was proposed not to use it.
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Paucar Luna, Jorge. "Vacío legal en la legislación de seguridad y salud en el trabajo, perjuicio para trabajadores y el estado peruano frente a la covid-19." REVISTA XAUXA AÑO III, NÚMERO 8 - 2022 III, no. 08 (September 30, 2022): 107–17. http://dx.doi.org/10.56374/xau.03.08.22.11.
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The objective of this research was to study the legislation issued by the Ministry of Health of Peru in the framework of the issuance of prevention regulations in the face of the COVID 19 pandemic. The methodology used is the qualitative one of the Action Research type with the purpose of to determine how the health sector solved a legal vacuum in the current labor legislation, referring to the role of the Head of the Occupational Health and Safety service at work (Law No. 29783 and complementary regulations), determining its existence, responsibility, and functions. As a conclusion, it should be pointed out the lack of presence of the State in its supervisory role and the contracting of Peruvian legislation with that of neighboring countries in industrial safety.
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Schofield, Toni, Belinda Reeve, and Ron McCallum. "Australian workplace health and safety regulatory approaches to prosecution: Hegemonising compliance." Journal of Industrial Relations 56, no. 5 (January 17, 2014): 709–29. http://dx.doi.org/10.1177/0022185613509625.
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Enforcement of workplace health and safety regulations remains a contentious matter, especially in the context of Australia’s project to harmonise commonwealth, state and territory workplace health and safety legislation. This article presents the findings of a qualitative study investigating policies and practices associated with prosecution and enforcement in two Australian regulatory agencies, prior to harmonisation. The article finds that by 2008, both regulators had taken significant steps to render their enforcement policy and practice, particularly in relation to prosecution, more transparent and accountable to employers and the wider community. They produced detailed and publicly available enforcement policies and prosecution guidelines, reconfigured the work of the general inspectorate (confining it to routine workplace health and safety surveillance and the provision of education and advice to employers) and established a separate administrative unit responsible for investigation and prosecution. Both regulators structured prosecution processes to achieve explicitly technocratic outcomes, namely, enhanced efficiency, objectivity, timeliness, consistency and quality improvement in investigations. These processes went hand in hand with a dramatic decline in the use of prosecution in New South Wales from 2002 to 2010, and an uneven but marginal increase in Victoria for the same period. The article concludes by discussing what these findings might imply for workplace health and safety regulators’ approaches to prosecution and for deterrence under Australia’s new harmonised regime.
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Blahodarnyi, A., I. Koziakov, L. Strelbytska, and M. Strelbytskyi. "Regulatory content of the category “safety of mining works”." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 6 (2021): 137–40. http://dx.doi.org/10.33271/nvngu/2021-6/137.
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Purpose.To study the main elements of mining safety, as well as to formulate the definition of the concept of mining safety for its use in legal regulations of mining relations from the viewpoint of scientific literature and the norms of current legislation. Methodology.The results were obtained after applying a set of methods: a) general philosophical methods (dialectical, anthropological);b) general scientific methods (abstraction, analysis and synthesis, system analysis, classification);c) legal methods (historical and legal, comparative legal, semantic and legal). Findings.Based on the analysis of the main categories of general security theory and their application in the legislation of Ukraine, the etymology of the legal term security is studied and it is shown that the definition of this concept depends on the context of the normative legal act in which it is used. This necessitates the improvement of the conceptual apparatus of mining legislation and the development of the category mining safety. It is argued that unification of this legal category and clarification of its authentic definition will contribute to the achievement of unity and consistency of the current mining legislation, the proper regulation of public relations to ensure protection of Ukraines national interests in the field of subsoil use. The necessity of expanding the list of possible hazards of geological study and subsoil use provided for by the current legislation was substantiated. It is proposed to consolidate the authors definition of mining safety in the corresponding paragraph of Article 1 of the Mining Law of Ukraine. Originality.As a result of lexical and legal analysis, it was concluded that the definition of security depending on the context of the legal act in which it is used and the characteristics of the subject of legal regulation of certain social relations is defined as: security; security status; provision (regulatory compliance); set of measures; aggregate of nonuniform resources. Taking into account the geospheric characteristics of subsoil, as well as the peculiarities of hazard occurrence and manifestation during subsoil use, the authors put forward a classification of hazards manifestation during mining operations (geomorphological, lithospheric, geodynamic, gas-dynamic, hydrodynamic, geopathogenic, microbiological hazards, as well as the hazards of mineral nanoparticles). The additions are substantiated to the current legislation (part 1 of Article 1 of the Mining Law of Ukraine) with the following definition of the safety of mining operations: protection of vital interests of a person, society and the state from negative manifestations of geomorphological, lithospheric, geodynamic, gas-dynamic, hydrodynamic, geopathogenic, microbiological and other factors in the course of processes aimed at carrying out, securing and maintaining mine workings and withdrawing mining rocks. Practical value.The practical significance of the results is based on the fact that they can be used by the subjects of legislative initiative when improving the provisions of the current legislation of Ukraine, as well as by practical workers to organize and conduct mining operations.
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Shamansurov, S. S., O. A. Djurayev, and A. I. Ataxanova. "Improvement of the System of the Unified State Register for Hazardous Production Facilities in the Republic of Uzbekistan." Occupational Safety in Industry, no. 9 (September 2021): 15–19. http://dx.doi.org/10.24000/0409-2961-2021-9-15-19.
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Legislation on industrial safety in the Republic of Uzbekistan appeared with the adoption of the Law «On industrial safety of hazardous production facilities». This law formulates the industrial safety requirements that must be met at all stages of the operation of a hazardous production facility, from its design, location and ending with decommissioning. In accordance with Article 5 of this Law, hazardous production facilities are subject to mandatory registration in the state register by a specially authorized state body in the field of industrial safety. To meet the requirements for the implementation of the law, the State Committee for Industrial Safety adopted the relevant orders on organizing the maintenance of the state register. The article deals with the actual problem of improving the system of the Unified State Register of hazardous production facilities of the Republic of Uzbekistan. The program was developed that contains the information about hazardous production facilities, the registration, and the further maintenance of the system of the Unified State Register of hazardous production facilities are conducted. The program is implemented in the modern unified electronic register State Register of Hazardous production facilities of the Republic of Uzbekistan. The specified electronic register is introduced into the electronic document management program PEGAS of the State Committee for Industrial Safety. Maintaining the Unified State Register and accounting of hazardous production facilities, as well as the accumulation, analysis, and storage of the systematized information about operating facilities, organizations and individual entrepreneurs operating these facilities, provide efficient management and control over hazardous production facilities.
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Shamansurov, S. S., O. A. Djurayev, A. A. Suleymanov, and A. D. Abdurakhmanova. "Mathematical Model of the Estimated Efficiency Coefficient of the Use of Experts in the Examination of Hazardous Production Facilities." Occupational Safety in Industry, no. 7 (July 2022): 65–71. http://dx.doi.org/10.24000/0409-2961-2022-7-65-71.
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Legislation on industrial safety in the Republic of Uzbekistan appeared with the adoption of the Law On Industrial Safety of Hazardous Production Facilities. In accordance with Article 15 of this law, all hazardous production facilities are subject to industrial safety examination. When examining hazardous production facilities with a visit to the site, the following is carried out: assessment of the conformity of design documentation for the construction, expansion, reconstruction, technical re-equipment, conservation and liquidation of a hazardous production facility; assessment of the compliance of technical documentation, as well as technical devices used at a hazardous production facility with the requirements provided for in the project documentation; assessment of the compliance of buildings and structures of a hazardous production facility intended for the implementation of technological processes, storage of hazardous substances with safety requirements; assessment of the industrial safety declaration and other documents related to the operation of a hazardous production facility. A mathematical model is developed for calculating the efficiency factor for the use of experts in the examination of hazardous production facilities, which allows predicting the most optimal composition of the expert group based on the operating conditions of a hazardous production facility.
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Seon, Eun-Ae. "A Study on the Improvement of Legislation in Accordance with Serious Accidents." Korean Public Land Law Association 99 (August 30, 2022): 349–69. http://dx.doi.org/10.30933/kpllr.2022.99.349.
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Paragraph 6 in Article 34 of the Constitution is prescribing that “The state shall endeavor to prevent disasters and to protect its people from the dangers.” Hence, the role of the nation is being presented concerning the prevention of industrial accidents and the protection from danger. Accordingly, it may be mentioned that workers have the right to be safe from danger and that the state has an obligation to ensure the safety of workers from social risks.
The total revision in ｢Occupational Safety and Health Act｣ on January 15, 2019 led to having appointed a person in charge and a responsible person to manage the safety and health of workers and to having been taken measures such as the organization and operation of the safety and health management regulations and of the safety and health consultative group. With regard to the enforcement in ｢The Serious Accident Punishment Act｣ that was enacted on January 26, 2021 and was implemented on January 27, 2022, the punishment, etc. for business owners, chief executives, public officials, and corporations were stipulated. It led to having come to prevent serious accidents and protect the lives and bodies of citizens and workers. The objective of ｢The Serious Accident Punishment Act｣ is not to punish the chief executive by holding him or her accountable for that, but to have a large preventive aspect to block severe accidents from occurring.
In 2022, the fatalities in severe industrial accidents stood at 303 cases(320 deaths), thereby having diminished by 31 cases and by 20 fatalities compared to 334 cases(340 deaths) in the same period of the previous year. The violation of the safety measures that caused the death accident appeared to be in order of the failure to establish the work procedures and standards such as the designation of a work conductor with 108 cases(24.4%), the failure to take action to prevent the risk of falling such as the installation of safety handrails with 70 cases(15.8%), and the failure to take safety measures for dangerous machinery and equipment such as conveyors with 53 cases(12.0%). This implies the real situation that severe accidents are only decreased but not eradicated despite the enforcement in ｢The Serious Accident Punishment Act｣. There are problems about the exemption even from the punishment because the application scope of ｢The Serious Accident Punishment Act｣ leads to being not adopted the regulations for serious industrial accidents to a business owner or a chief manager of a business or workplace with less than five full-time workers, about the extensive law application subjects, and about the ambiguous criteria for punishment in the event of an accident.
Consequently, the law application subjects need to be clarified through revising the Serious Accident Punishment Act. Thus, the range of business owners, chief managers, etc must be established. Also, there is a need to be fulfilled the obligation to secure safety and health under the Serious Accidents Act aiming to assure workers' right to safety, and to be also reviewed the safety & health education.
And to obstruct industrial accidents, the opinions of the field workers should be heard. Thus, it is necessary to arrange a procedure of listening to and reflecting the opinions on risks or improvements from field workers. In relation to the scope of workers, an expanded implementation plan must be sought by adding vocational education trainees who have signed a field training contract in accordance with ｢Vocational Education and Training Promotion Act｣. This improvement in the Serious Accident Legislation should lead to being secured workers' right to safety and to being realized their welfare.
Dissertations / Theses on the topic "Industrial safety Law and legislation Victoria"
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Johnstone, Richard. "The court and the factory the legal construction of occupational health and safety offences in Victoria." Thesis, University of Melbourne, 1994. https://minerva-access.unimelb.edu.au/handle/11343/35672.
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This thesis reports on an empirically based study of the manner in which Victorian Magistrates Courts constructed occupational health and safety (OHS) issues when hearing prosecutions for offences under the Industrial Safety, Health and Welfare Act 1981 (the ISHWA) and the Occupational Health and Safety Act 1985 (OHSA) from 1983 to 1991. These statutes established OHS standards for employers and other relevant parties. The State government enforced these standards through an OHS inspectorate which had a range of enforcement powers, including prosecution.
After outlining the historical development of Victoria’s OHS legislation, the magistracy’s historical role in its enforcement, and the development of an enforcement culture in which inspectors viewed prosecution as a last resort, the study shows how the key provisions of the ISHWA and OHSA required occupiers of workplaces and employers to provide and maintain safe systems of work, including the guarding of dangerous machinery. Using a wide range of empirical research methods and legal materials, it shows how the enforcement policies, procedures and practices of the inspectorate heavily slanted inspectors workplace investigations and hence prosecutions towards a restricted and often superficial, analysis of incidents (or “events”) most of which involved injuries on machinery. There was evidence, however, that after the establishment of the Central Investigation Unit in 1989 cases were more thoroughly investigated and prosecuted. From 1990 the majority of prosecutions were taken under the employer’s general duty provisions, and by 1991 there was evidence that prosecutions were focusing on matters other than machinery guarding.
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Al, Shaibani Salha. "The changing nature of employment relationships and its challenge for health and safety law." Thesis, University of South Wales, 2012. https://pure.southwales.ac.uk/en/studentthesis/the-changing-nature-of-employment-relationships-and-its-challenge-for-health-and-safety-law(96bce387-40b5-44f7-a7b9-bf8d387cbff0).html.
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The thesis explores the challenges faced by health and safety law in the UK as a consequence of the continuous changes in the employment relationship. This primarily covers the growth of the different forms of non-standard work. Health and safety law developed through a number of socio-economic changes in the UK. It has moved from only covering particular areas and particular classes of workers in the nineteenth century to wider areas of occupational health and safety and to include more of those at work. The thesis sets out the issues surrounding non-standard work arrangements and how they might affect the application of health and safety law. Key case-law is examined and the legal changes in the area of health and safety carefully analysed. Research has been carried out by others concerning the reasons for and extent of the changing nature of work as an indicator of the changes that took place in the labour market in general; but the research in this thesis concentrates on how the application of health and safety law is challenged by such changes. The central hypothesis of the thesis is that non-standard work by its very nature might put those who are employed under its various types at more risk than their counterpart standard workers. This hypothesis is developed and explored through the field-work. The field-work took the form of a postal questionnaire to workers in the UK in geographical areas selected for their differing characteristics together with some semi structured interviews which sought to introduce a qualitative data element to the quantitative data in order to enrich and elaborate upon the findings of the questionnaire. Analysis of the completed and returned questionnaires revealed that in today's workplace the nature of risk has changed, with an increase in the psychological risk related to work. Both groups of standard and nonstandard workers suffered from stress-related illness. This illustrates the complexity of the concept of vulnerability and how that might challenge the application of health and safety law and affect its efficacy. A number of unexpected issues surfaced through the field-work, such as that working in the different types of non-standard work were effectively involuntary for some of those who chose to work this way. The main reason for their decisions was to be able to provide for the family income as well as to have more control over work and the ability to combine work with other responsibilities including domestic duties. Despite the relatively low number of non-standard workers who participated in the postal questionnaire, it seems that they are in a better position than was hypothesized at the outset, before the field-work took place. Analysis of the semi-structured interviews revealed that interviewees had considerable knowledge and awareness about their employer's general duties in terms of risk assessment and safety training in addition to other significant aspects. This applies to both standard and non-standard workers, which indicates the important improvement in the management of occupational health and safety. However, a serious issue was common to most of those who suffered accident and/or ill-health from both groups of standard of non-standard workers: not reporting their experiences to their employers. In addition, many of those workers did not seek legal advice following their accident and/or ill-health because of fear and uncertainty about their employers' reaction. The thesis concludes with some reflections on the effectiveness or otherwise of health and safety legislation.
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Chan, Sung-tai, and 陳崇泰. "The enforcement of labour legislation in Hong Kong: a study of industrial safety regulations." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1986. http://hub.hku.hk/bib/B31974697.
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Gunningham, Neil. "Safeguarding the worker : job hazards and the role of the law." Thesis, Canberra, ACT : The Australian National University, 1999. http://hdl.handle.net/1885/148011.
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[v.1]. Safeguarding the worker : job hazards and the role of the law / by Neil Gunningham (1984)--[v.2]. Smart regulation : designing environmental policy / Neil Gunningham, Peter Grabosky, with Darren Sinclair (1998)--[v.3]. Regulating workplace safety : system and sanctions / Neil Gunningham and Richard Johnstone (1999)[v.1]. Safeguarding the worker : job hazards and the role of the law / by Neil Gunningham (1984) -- [v.2]. Smart regulation : designing environmental policy / Neil Gunningham, Peter Grabosky, with Darren Sinclair (1998) -- [v.3]. Regulating workplace safety : system and sanctions / Neil Gunningham and Richard Johnstone (1999)
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Macun, Ian. "The regulation of health and safety in South Africa's manufacturing industry." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/17166.
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Bibliography: pages 195-200.This thesis will be concerned with trying to develop an understanding of what the difficulties have been in bringing about improvements to the working environment in manufacturing. The role of labour will be of central concern, but an attempt will also be made to analyse the role of the other participants in the regulatory process, namely, the state and employers. The period with which the thesis is concerned is the 1980s. The area is clearly a very broad one and no claims will be made to providing a comprehensive study. Rather, it is hoped that the present study will provide some new data and some original insights into the regulatory process which will provoke further discussion and research in the field of occupational health and safety in South Africa.
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Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
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Chan, Wai-man, and 陳偉文. "The control and management of dangerous substances and chemicals in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31253945.
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Savarese, Josephine. "The gifts of the chip? : the regulation of occupational health and safety in the post-industrial age." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30324.
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In the face of the extensive changes resulting from the Post-Industrial Age, many are questioning "the gifts of the chip," or, more specifically, the ability of computer technologies to deliver the comfort predicted. The objective of this thesis is to examine the law's response to computer technology concerning occupational health and safety. This inquiry is necessary due to the dramatic changes that have occurred in the workforce, altering the profile of workplace health.The thesis begins with a reference to The Gift of Stones, a fictional account of the difficulties that stone workers experienced when the Bronze Age arrived. Modern labourers face parallel struggles due to the arrival of the Post-Industrial Age characterized by technological innovation and restructuring. The legitimacy and effectiveness of occupational health and safety law is challenged by changes to social institutions and by computer related work injuries.
In many jurisdictions, the state has responded to these changes by enacting ergonomic standards that seek to minimize the harmful effects of computer use. The thesis examines the trend towards ergonomic standards with particular focus on Canadian initiatives. In conclusion, it argues that ergonomic regulations are an important means of promoting safer computer practices. Additionally, ergonomic standards provide a mechanism for continued state regulation of occupational health and safety. The challenge for rule makers is ensuring that the standards are a component of comprehensive legal reforms.
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Regensberg, Deborah Jean. "The implications of legislative changes on bargaining councils and occupational health services : a management consulting case study." Thesis, Stellenbosch : University of Stellenbosch, 1999. http://hdl.handle.net/10019.1/5040.
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Thesis (MBA (Business Management))--University of Stellenbosch, 1999.ENGLISH ABSTRACT: As part of South Africa's transformation, legislative changes have been introduced to support the Constitutional rights of the people, including the right of access to health care. In restructuring the health services, the redistribution of resources between the private and public sector is addressed through a long-term vision which includes a Social Health Insurance scheme. The focus has been shifted to primary health and prevention, with community based services at the centre. Various Acts and regulations have been introduced to give substance to the transformation, including the Acts affecting medical schemes and the pharmaceutical services, labour legislation, education and training. The Bargaining Councils and Occupational health services have been extended to include primary health care, and in many cases this is extended to the dependents of the workers, bringing them into the ambit of the private sector. The proposed redistribution of resources into the public sector has placed the low-wage earner at risk as the cost of private health care increases. The legislation controlling medical schemes and pharmaceutical services are a threat to the viability of the Health Care Funds, particularly in the short-term until the Social Health Insurance has been established. The restrictions placed on dispensing and the measures which are intended to make drugs more affordable also provide a challenge to the low-cost medical funds. The relevant legislation is being subjected to judicial challenges, and the replacement legislation promulgated prematurely, resulting in confusion and uncertainty. It is within this context that the Funds must prepare for the changes ahead. A management consulting case study is presented using the Clothing Industry Bargaining Council of the Western Cape with the Clothing Industry Health Care Fund which provides comprehensive primary health services in Fund owned clinics, factories and through panel doctors. Because of the complexity of the organisation and the issues surrounding the implementation of changes to the pharmaceutical services, Yolles' viable approach to management systems has been used as a framework for the consultancy intervention. This is a newly published approach grounded in chaos theory, which directs the nature of inquiry according to form and the behaviour of the situation, aiming to maintain viability and adaptability. This case study examines the impact of the legislative changes on the health services which are accessed through the workplace, and tests the applicability of the viable approach to management systems.
AFRIKAANSE OPSOMMING: As deel van Suid-Afrika se transformasie is veranderings aangebring aan die wetgewing om die Konstitusionele regte van die mense te ondersteun, insluitend die reg van toegang tot gesondheidsorg. Met die herstrukturering van die gesondheidsdienste, word die verdeling van bronne tussen die privaat en publieke sektor aangespreek deur middel van 'n lang-tenmyn visie wat 'n gemeenskapsgesondheidsversekering insluit. Die lokus het herskuil na primêre gesondheid en voorkoming, met gemeenskapsdienste as sentrum. Verskeie wette en regulasies is voorgestel om as kern van die verandering te dien, insluitende wette wat die mediese skemas en farmaseutiese dienste, asook die werknemer, opleiding en opvoeding beinvloed. Die gesondheidsdienste van die Onderhandelingsrade en die Beroepsgesondheiddienste is uitgebrei om primêre sorg in te sluit. Dit sal ook die afhanklikes van die werkers dek en hulle sodoende binne die privaatsektor betrek. Die voorgestelde herverdeling van bronne in die publieke sekdor veroorsaak dat daar 'n risiko is vir die werker met 'n lae inkomste as gevolg van die stygende koste van gesondheidsorg. Die wetgewing wat mediese skemas en farmaseutiese dienste beheer veroorsaak ook dat die Siekefonds se lewensvatbaarheid bedreig word, veral in die korttenmyn tot tyd en wyl die gemeenskapsgesondheidsversekering gestig word. Die beperkings wat op reseptering geplaas word en die metodes wat beplan word om medisyne meer bekostigbaar te maak, veroorsaak ook 'n uitdaging vir die inkomste mediese fondse. Die relevante wetgewing word tans in die hof betwis, en die plaasvervangende wetgewing is voortydig gepromulgeer, wat verwarring en onsekerheid veroorsaak. Die siekefondse moet hulle binne die konteks voorberei vir die veranderinge wat voorlê. 'n Bestuurskonsultasie gevallestudie is voorgelê, met die hulp van die Klerasienywerheid Gesondheidsorgfonds (Weskaap), wie se siekefonds omvattende primêre gesondheidsdienste lewer binne klinieke, fabrieke en deur gemeenskapsgeneeskundiges. Omdat die organisasie en die omstandighede rondom die veranderings aan die farmaseutiese dienste kompleks is, word Yolles se lewensvatbare benadering (viable approach) as 'n raamwerk gebruik vir die konsultasie. Die model is nuut gepubliseer, en is gebaseer op chaos teorie, wat rigting gee aan die aard van die ondersoek volgens die vorm en die gedrag wat die situasie aanneem. Dit is daarop gemik om lewensvatbaarheid en aanpassingsvermoë te ondersteun. Daar word 'n studie gemaak van die impak wat die veranderings tot wetgewing op gesondheidsdienste wat deur middel van die werksplek bereik word mag hê, en toets die toepaslikheid van Yolles se model in die konteks van bestuurskonsultasie.
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Pringle, Jessica Samantha. "The role and efficacy of management in influencing the implementation of an occupational health and safety policy : a case study of DaimlerChrysler South Africa East London." Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1007589.
Full textAbstract:
The existence of an occupational health and safety policy is believed to be evidence of management accepting their occupational health and safety role in terms of the Occupational Health and Safety Act. It is accepted that this results in management ensuring the provision of a safe workplace. Despite the emphasis in legislation (the Occupational Health and Safety Act) on the need for management to implement comprehensive occupational health and safety policies, there is a lack of research on the implementation and efficacy of occupational health and safety policies in the workplace. This study investigates the efficacy with which management carries out their occupational health and safety duties and responsibilities when implementing the provisions of an occupational health and safety policy in the workplace. A number of factors are essential to the efficient performance of management in this regard. These factors include managerial commitment, practices and strategies; communication practices and structures; training initiatives and information; the extent of employee and trade union involvement; and the infrastructure of the organisation. This research study is primarily qualitative in nature. Semi-structured interviews were the primary tool used by the researcher to collect the data. The case-study research method was employed to assist the researcher in collecting the data. The participants involved in the research were selected using the principles of strategic informant sampling and expert choice sampling. The participants consisted of a sample of management, employees and shop stewards. The research findings indicate that firstly, the presence of occupational health and safety policies, practices, strategies and systems in the workplace do not automatically result in reduced hazards, accidents or deaths in the workplace. Secondly, the participation schemes and the communication practices put in place by management are weak. The reason for their weakness is their ineffective implementation by management and use by employees and the trade union. Thirdly, management has a definite impact on the involvement, attitudes and actions of the employees and the trade union in occupational health and safety issues. Fourthly, there is an unequal partnership between management and employees as a result of the educational differences regarding occupational health and safety between them. The outcome is that management and employees are faced with numerous challenges in relation to occupational health and safety. Contributing to this challenge is a lack of sufficient resources allocated to training, resulting ultimately in the ineffective monitoring of occupational health and safety in the workplace. The existence of occupational health and safety structures and systems does not provide the essential evidence to suggest that their mere presence makes a difference to the workplace safety level. However, through more co-operation and participation by all the parties, these structures and systems have the potential to be effective.KMBT_363
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Books on the topic "Industrial safety Law and legislation Victoria"
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Johnstone, Richard. Occupational health and safety, courts and crime: The legal construction of occupational health and safety offences in Victoria. Sydney: Federation Press, 2003.
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Victoria, WorkSafe. Summary of the Occupational Health and Safety Act 2004. 2nd ed. Melbourne]: WorkSafe Victoria, 2005.
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The Home Office and the dangerous trades: Regulating occupational disease in Victorian and Edwardian Britain. Amsterdam: Rodopi, 2002.
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Stranks, Jeremy W. Health and safety law. London: Pitman Pub., 1994.
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Stranks, Jeremy W. Health and safety law. 3rd ed. London: Financial Times Pitman Pub., 1999.
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Health and safety law. 2nd ed. London: Pitman Pub., 1996.
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Royal Society for the Prevention of Accidents., ed. Health and safety law. 3rd ed. London: Financial Times/Prentice hall, 1998.
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Richard, Howells, ed. Health and safety law. London: Pitman Pub., 1993.
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Labour Research Department. Health and safety law. London: LRD Publications, 2002.
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James, Ageros, ed. Health & safety enforcement: Law & practice. London: LexisNexis, 2003.
Find full textBook chapters on the topic "Industrial safety Law and legislation Victoria"
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Steele, Jenny. "16. Breach of Statutory Duty." In Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198768807.003.0016.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the action for breach of statutory duty, an action in tort meant to remedy harm caused by a breach of the duty. It first considers the distinctiveness of the tort of breach of statutory duty, with particular reference to the question of whether the breach gives rise to liability at common law. It then looks at case law involving civil liability for breach of industrial safety, citing Groves v Wimborne (Lord) [1898] 2 QB 402 and its significance in the context of workplace injuries. It also discusses cases dealing with ‘social welfare’ legislation and ‘public law duties’ as well as civil liberties before concluding with an assessment of the effect of the restrictive approach to the action for breach of statutory duty on the tort of negligence.
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Steele, Jenny. "17. Breach of Statutory Duty." In Tort Law, 920–39. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198853916.003.0017.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the action for breach of statutory duty, an action in tort meant to remedy harm caused by a breach of the duty. It first considers the distinctiveness of the tort of breach of statutory duty, with particular reference to the question of whether the breach gives rise to liability at common law. It then looks at case law involving civil liability for breach of industrial safety, citing Groves v Wimborne (Lord) [1898] 2 QB 402 and its significance in the context of workplace injuries. It also discusses cases dealing with ‘social welfare’ legislation and ‘public law duties’ as well as civil liberties before concluding with an assessment of the effect of the restrictive approach to the action for breach of statutory duty on the tort of negligence.
Conference papers on the topic "Industrial safety Law and legislation Victoria"
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SANTOS, RAMON OLIVEIRA BORGES DOS, LUIZ FELIPE FREIRE HONORATO, HENRIQUE CESAR SAMPAIO, and PEDRO HENRIQUE COLMAN PRADO. "TECHNICAL PROPOSAL FOR ADAPTING CONVENTIONAL MILLING MACHINE TO BRAZILIAN REGULATORY STANDARD NR12." In Brazilian Congress. brazco, 2020. http://dx.doi.org/10.51162/brc.dev2020-00064.
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Industrial equipment and machine tools have major causes of accidents in the industrial sector, and in order to seek to offer a work environment that guarantees the health and physical and emotional integrity of workers, this study purpose to analyze a conventional milling machine in order to identify the risks and damages that it presents to its operator. Listed the accident risks, based on the brazilian regulatory standards, this is regulatory standard with specific name of NR 12, to propose improvements to reduce the risks of accidents in machine rotative. By identifying the possibility of adapting the equipment to brazilian legislation, it makes it safer for the worker and ensures that its operation will not be impaired. NR 12 can be established as a guarantee of security for employees when handling their equipment on a production line or in the operating area. Some standards contained in the cluster of brazilian regulatory standards will be cited to exemplify how the inclusion of this law is necessary and mandatory for the safety of all employees.,