FREE ELECTRONIC LIBRARY - Dissertations, online materials

Pages:   || 2 | 3 | 4 | 5 |

«OHS Body of Knowledge Socio-Political Context: OHS Law and Regulation in Australia April, 2012 Copyright notice and licence terms First published in ...»

-- [ Page 1 ] --



OHS Law and Regulation

in Australia

OHS Body of Knowledge

Socio-Political Context: OHS Law and Regulation in Australia April, 2012

Copyright notice and licence terms

First published in 2012 by the Safety Institute of Australia Ltd, Tullamarine, Victoria, Australia.


ISBN 978-0-9808743-1-0

This work is copyright and has been published by the Safety Institute of Australia Ltd (SIA) under the auspices

of HaSPA (Health and Safety Professionals Alliance). Except as may be expressly provided by law and subject to the conditions prescribed in the Copyright Act 1968 (Commonwealth of Australia), or as expressly permitted below, no part of the work may in any form or by any means (electronic, mechanical, microcopying, digital scanning, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission of the SIA.

You are free to reproduce the material for reasonable personal, or in-house, non-commercial use for the purposes of workplace health and safety as long as you attribute the work using the citation guidelines below and do not charge fees directly or indirectly for use of the material. You must not change any part of the work or remove any part of this copyright notice, licence terms and disclaimer below.

A further licence will be required and may be granted by the SIA for use of the materials if you wish to:

· reproduce multiple copies of the work or any part of it · charge others directly or indirectly for access to the materials · include all or part of the materials in advertising of a product or services, or in a product for sale · modify the materials in any form, or · publish the materials.

Enquiries regarding the licence or further use of the works are welcome and should be addressed to:

Registrar, Australian OHS Education Accreditation Board Safety Institute of Australia Ltd, PO Box 2078, Gladstone Park, Victoria, Australia, 3043 registrar@ohseducationaccreditation.org.au

Citation of the whole Body of Knowledge should be as:

HaSPA (Health and Safety Professionals Alliance).(2012). The Core Body of Knowledge for Generalist OHS Professionals. Tullamarine, VIC. Safety Institute of Australia.

Citation of individual chapters should be as, for example:

Pryor, P., Capra, M. (2012). Foundation Science. In HaSPA (Health and Safety Professionals Alliance), The Core Body of Knowledge for Generalist OHS Professionals. Tullamarine, VIC. Safety Institute of Australia.

Disclaimer This material is supplied on the terms and understanding that HaSPA, the Safety Institute of Australia Ltd and their respective employees, officers and agents, the editor, or chapter authors and peer reviewers shall not be responsible or liable for any loss, damage, personal injury or death suffered by any person, howsoever caused and whether or not due to negligence, arising from the use of or reliance of any information, data or advice provided or referred to in this publication. Before relying on the material, users should carefully make their own assessment as to its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.

–  –  –

Background A defined body of knowledge is required as a basis for professional certification and for accreditation of education programs giving entry to a profession. The lack of such a body of knowledge for OHS professionals was identified in reviews of OHS legislation and OHS education in Australia. After a 2009 scoping study, WorkSafe Victoria provided funding to support a national project to develop and implement a core body of knowledge for generalist OHS professionals in Australia.

Development The process of developing and structuring the main content of this document was managed by a Technical Panel with representation from Victorian universities that teach OHS and from the Safety Institute of Australia, which is the main professional body for generalist OHS professionals in Australia. The Panel developed an initial conceptual framework which was then amended in accord with feedback received from OHS tertiary-level educators throughout Australia and the wider OHS profession. Specialist authors were invited to contribute chapters, which were then subjected to peer review and editing. It is anticipated that the resultant OHS Body of Knowledge will in future be regularly amended and updated as people use it and as the evidence base expands.

Conceptual structure The OHS Body of Knowledge takes a ‘conceptual’ approach. As concepts are abstract, the OHS professional needs to organise the concepts into a framework in order to solve a

problem. The overall framework used to structure the OHS Body of Knowledge is that:

Work impacts on the safety and health of humans who work in organisations. Organisations are influenced by the socio-political context. Organisations may be considered a system which may contain hazards which must be under control to minimise risk. This can be achieved by understanding models causation for safety and for health which will result in improvement in the safety and health of people at work. The OHS professional applies professional practice to influence the organisation to being about this improvement.

OHS Body of Knowledge Socio-Political Context: OHS Law and Regulation in Australia April, 2012

This can be represented as:

Audience The OHS Body of Knowledge provides a basis for accreditation of OHS professional education programs and certification of individual OHS professionals. It provides guidance for OHS educators in course development, and for OHS professionals and professional bodies in developing continuing professional development activities. Also, OHS regulators, employers and recruiters may find it useful for benchmarking OHS professional practice.

Application Importantly, the OHS Body of Knowledge is neither a textbook nor a curriculum; rather it describes the key concepts, core theories and related evidence that should be shared by Australian generalist OHS professionals. This knowledge will be gained through a combination of education and experience.

Accessing and using the OHS Body of Knowledge for generalist OHS professionals The OHS Body of Knowledge is published electronically. Each chapter can be downloaded separately. However users are advised to read the Introduction, which provides background to the information in individual chapters. They should also note the copyright requirements and the disclaimer before using or acting on the information.

–  –  –

Elizabeth has worked in the OHS field for 30 years in positions spanning OHS regulatory research, postgraduate OHS education, government OHS policy and legislation development, and OHS management. Initially a graduate in biological science, she subsequently completed a Masters in OHS and a PhD in OHS regulation. Her research interests are in OHS regulation, safe design, risk management and systematic OHS management.

–  –  –

This chapter focuses on the socio-political context of occupational health and safety (OHS). It is about the different legal and advisory instruments; state and non-state institutions or actors;

political, economic and social forces; technologies; and other factors that constitute the setting for OHS practice. Collectively, these socio-political-context elements frame, shape and regulate OHS practice. They impact on OHS risks and how they are dealt with in the workplace. The chapter begins by providing a broad overview of the socio-political context of OHS, and then examines some of its key elements in more detail. These elements are OHS regulation, industry associations and unions, Australian and international technical standards, other international instruments, and economic and social trends. The chapter concludes with an outline of the national model OHS legislation, a development in OHS regulation that is both central to and has links with many other elements of the socio-political context.

–  –  –

1. Overview of the socio-political context

2. OHS regulation in Australia

2.1 The federal system

2.2 History of Australian OHS legislation

2.3 Common themes in OHS regulation

3. Industry associations and unions

4. Australian and international technical standards

5. Other international instruments

6. Economic and social trends

Directions in OHS regulation – the model WHS Act


8. Summary

Key authors and thinkers


OHS Body of Knowledge Socio-Political Context: OHS Law and Regulation in Australia April, 2012 OHS Body of Knowledge Socio-Political Context: OHS Law and Regulation in Australia April, 2012

1. Overview of the socio-political context The legal, political, social, economic and technological context of occupational health and safety (the socio-political context) is dynamic, complex and diverse. This chapter examines this socio-political context with reference to a variety of state and non-state institutions and actors, legal and quasi-legal instruments, and other mechanisms of social control and influence. Collectively, these elements impact on OHS and the work of OHS professionals.

They variously frame, structure, monitor, interpret or enforce the ‘rules of the OHS game,’ and the decision-making and action of organisations and individuals at work. They may also contribute to OHS risks.

Central to the socio-political context is OHS regulation. The term ‘regulation’ is defined here in a ‘command and control’ sense as the promulgation of laws by government accompanied by mechanisms for inspecting and enforcing compliance with these laws (Baldwin & Cave, 1999; Black, 2001). The OHS regulators1 are principal actors in setting OHS standards – the OHS Acts, regulations and approved codes of practice. They are also involved in providing compliance support (awareness raising and guidance), and in inspecting and enforcing compliance. However, these activities are not confined to OHS regulators. Parliaments play a role in setting OHS standards, and the courts are involved in interpreting the law and determining non-compliance in legal proceedings. In addition, the activities of political parties, industry associations, unions, OHS professional associations and interest groups influence OHS policy, regulation and practice.

Casting the net more widely, other elements of the socio-political context of OHS are the laws that incorporate provisions relevant to specific types of work and risks, and the agencies that administer them. These include laws relating to road and rail transport, industrial chemical notification, building safety, petroleum extraction, ionising radiation, agricultural and veterinary chemicals, amusement equipment, electrical and gas safety (Johnstone, 2004a, pp. 85-86; Quinlan, Bohle & Lamm, 2010, p. 314). Also, there are laws and agencies dealing with workers’ compensation, industrial relations, human rights and equal opportunity, privacy and other matters that may impact on OHS practice (Quinlan, Bohle & Lamm, 2010, p. 314). Scanning the socio-political horizon still further, there are Australian and international bodies that issue technical standards (for example, Australian or ISO standards), and the International Labour Organisation (ILO), the United Nations (UN) and the World Health Organization (WHO) that prepare treaties, conventions and protocols, which countries that ratify them are expected to uphold (see, for example, Johnstone, 2004a, pp. 92-97).

1 As at March 2011, the principal OHS regulators are Workplace Health and Safety Queensland, the WorkCover Authority of New South Wales, SafeWork South Australia, Workplace Standards Tasmania, Comcare and the WorkSafe agencies in Victoria, Western Australia, the Australian Capital Territory and the Northern Territory.

OHS Body of Knowledge Page 1 of 18 Socio-Political Context: OHS Law and Regulation in Australia April, 2012 In addition to particular state and non-state institutions or actors, laws and other instruments operating in the socio-political context of OHS, there are economic and social trends impacting on OHS in Australian workplaces. These include changes in the labour market, work and organisational arrangements, as well as developments in technology and changes in workforce characteristics. These factors variously shape the organisational, physical and human environments at work. They contribute to OHS risks and impact on the capacity of OHS regulation to influence organisational and individual decision-making on OHS.

This brief overview introduces the complexity and diversity of the OHS socio-political context. Beyond the elements discussed, we could include the media (in all its forms), which contributes to shaping and framing public perceptions of OHS. While OHS regulation is the centrepiece of the OHS socio-political context, other institutions and actors, mechanisms and trends are part of the wider context. The OHS professional will encounter, and need to understand and deal with, all of these elements to the extent that they are relevant to his or her role in OHS. With regard to those elements that are not explicitly part of OHS regulation, a key challenge for the OHS professional will be to assess whether they support or are consistent with the goals of OHS regulation, or whether they are incompatible or undermine OHS regulatory goals.

This chapter examines some elements of the socio-political context of OHS in more detail.

These elements are OHS regulation, industry associations and unions, Australian and international technical standards, other international instruments, and economic and social trends.

2. OHS regulation in Australia

Pages:   || 2 | 3 | 4 | 5 |

Similar works:

«Haunt the BUK (revised) Michael Kobs and others This paper is the preliminary result of joint effort and ongoing discussion of an international group of investigators, including engineers, forensic scientists and lawyers. All findings are based on publicly available sources and are verifiable. 2 Index Index Summary The Paris Match photos The red low loader The intercepted phone calls The Toyota Rav4 The Vostok vehicles The social media The Tymchuk convoy The Vostok convoy The Oplot convoy Time...»



«Sonia Livingstone and Magdalena Bober Regulating the internet at home: contrasting the perspectives of children and parents Book section Original citation: Originally published in: Buckingham, D. and Willett, R. ; Digital generations: children, young people and new media. Mahwah, N.J. : Lawrence Erlbaum, 2006, pp. 93-113. © 2006 Lawrence Erlbaum Associates This version available at: http://eprints.lse.ac.uk/9013/ Available in LSE Research Online: July 2009 LSE has developed LSE Research Online...»

«Protection of Trade Secrets Brazil • China • India • Russian Federation South Africa August 2013 Contents Brazil China India Russia South Africa Brazil Eduardo Soares Senior Foreign Law Specialist SUMMARY In Brazil, the violation of trade secrets is considered crime of unfair competition and is regulated by Law No. 9,279 of May 14, 1996. A constitutional principle protects the confidentiality of the source when necessary for the performance of a professional activity. For civil remedies,...»

«LIABILITY IN THE ADMINISTRATION OF PENSION PLANS September, 2006 by Elizabeth J. Forster 416.593.3919 eforster@blaney.com and Allan Socken 416.596.2899 asocken@blaney.com Blaney McMurtry LLP 2 Queen Street East, Suite 1500 Toronto, ON M5C 3G5 www.blaney.com -1The recent publishing of the Guidelines for Capital A ccumulation Plans ( CAP Guidelines ) in May, 2004 has heightened the awareness of pension plan sponsors and administrators of their potential areas of exposure to liability. The CAP...»

«Mergers & Acquisitions Third Edition Editors: Michael E. Hatchard & Scott V. Simpson Published by Global Legal Group CONTENTS Michael E. Hatchard & Scott V. Simpson, Skadden, Arps, Slate, Meagher & Flom (UK) LLP Preface Marcelo E. Bombau & Adrián L. Furman, M. & M. Bomchil 1 Argentina Adriano Chaves, Fabiano Gallo & André Marques Gilberto, Brazil Campos Mello Advogados 5 Simon A. Romano & Elizabeth Breen, Stikeman Elliott LLP 12 Canada Ramesh Maharaj, Rob Jackson & Melissa Lim, Walkers 20...»

«THE HALLOWEEN PARTY Full-Length Play by Ron Dune BROOKLYN PUBLISHERS, LLC Publishers of Contest-Winning Drama Copyright © 2008 by Ron Dune All rights reserved CAUTION: Professionals and amateurs are hereby warned that The Halloween Party is subject to a royalty. This play is fully protected under the copyright laws of the United States of America, Canada, the British Commonwealth and all other countries of the Copyright Union. RIGHTS RESERVED: All rights to this play are strictly reserved,...»

«SLS CLASS OF 2008 GRADUATION MEMORIAL AUDITORIUM STANFORD UNIVERSITY MAY 4, 2008 1 0 : 0 0 A. M. SLS CLASS OF 2008 GRADUATION TO THE MEMBERS, FRIENDS, AND FAMILIES OF THE CLASS OF 2008: I can imagine what you are feeling, sitting out there now, waiting for this to begin—and to end. I can imagine because I recall it well, though my own graduation was more than two decades ago: the mix of pleasure and excitement, of anticipation, of anxiety mixed with a slightly disturbing dash of “is that...»

«Downloaded from orbit.dtu.dk on: Nov 15, 2016 Process Technology for Immobilized Lipasecatalyzed Reactions Xu, Yuan; Woodley, John; Nordblad, Mathias Publication date: 2012 Link to publication Citation (APA): Xu, Y., Woodley, J., & Nordblad, M. (2012). Process Technology for Immobilized Lipasecatalyzed Reactions. Technical University of Denmark, Department of Chemical Engineering. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by...»

«“Stop Chasing Shadows!” Colossians 2:16-17 • June 18, 2006 • #1153A 1 By Dr. David O. Dykes part 12 in the series “Life Overflowing! A Study of Colossians” INTRODUCTION In the time of the early church, there were people in the churches who were teaching that once you became a Christian, you still had to obey the Jewish regulations and rituals to be religiously correct. That kind of false teaching still exists in the 21st Century. In this series I’m calling “Grace-Robbers” I...»

«AU ST R A L I A N P OR K LIMIT ED Minimising Odour from Piggeries 2015 MINIMISING ODOUR FROM PIGGERIES 1 PROJECT TITLE: Demonstration of How to Achieve Best Management Practices – Environmental Management PROJECT NUMBER: 2013/031 RESEARCH ORGANISATION: FSA Consulting PRINCIPAL INVESTIGATOR: Ms Robyn Tucker, FSA Consulting, Private Bag 260, Horsham Vic 3401 DISCLAIMER The opinions, advice and information contained in this publication have not been provided at the request of any person but are...»

<<  HOME   |    CONTACTS
2016 www.dissertation.xlibx.info - Dissertations, online materials

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.