Some care, little responsibility? Promoting directors'and managers' legal accountability for Occupational Health and Safety in the workplace

Wheelwright, Karen 2005, Some care, little responsibility? Promoting directors'and managers' legal accountability for Occupational Health and Safety in the workplace, Deakin law review, vol. 10, no. 2, pp. 470-497.

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Title Some care, little responsibility? Promoting directors'and managers' legal accountability for Occupational Health and Safety in the workplace
Author(s) Wheelwright, Karen
Journal name Deakin law review
Volume number 10
Issue number 2
Start page 470
End page 497
Publisher Deakin University
Place of publication Burwood, Vic.
Publication date 2005
ISSN 1321-3660
Summary Health and safety at work remains a serious and under-recognised problem in Australia. This paper argues for the importance of increasing the individual responsibility and accountability of senior managers and directors of corporations for the development and maintenance of occupational health and safety (OHS) standards in the workplace. In order to do so, the paper first sets out the range of statutory and general law duties and liabilities to which directors and senior managers are subject, considers to what extent these obligations have relevance in the OHS area and argues for the extension of these duties and liabilities in some circumstances. The paper then goes on to argue for a better legislative model for the legal responsibility of managers and officers, supported by the increased prosecution of individuals in appropriate circumstances, as well as acknowledging the benefits of a broader range of non-legal strategies to improve board level commitment to OHS that will influence corporate compliance overall.
Language eng
Field of Research 180118 Labour Law
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30003261

Document type: Journal Article
Collection: Law
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