3.3 SEB323 2009 OHS #3 21 August

3.3 SEB323 2009 OHS #3 21 August - The Law and OHS is...

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The Law and OHS is today’s subject. 1
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The scope of OHS is very broad for any employer and the trend is that community attitudes are becoming less tolerant to accidents causing death and injury in the workplace and so laws and regulations are continually becoming more stringent with more mandatory requirements. Globally, the right to be able to work in a safe and healthy manner is considered a fundamental human right. 2
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In the news this week is James Hardie Limited and the ongoing (fatal) legacy of asbestos which was used in their building and construction products until the early 1980’s. Yesterday the NSW Supreme court handed down verdicts on 10 former executives and board directors of the company finding them all in breach of the Australian Companies Act. James Hardie is an ongoing case study that highlights all the issues listed above. I recommend that you search and read some media articles (from any major newspapers) recommend that you search and read some media articles (from any major newspapers) about James Hardie, asbestos, and the legacy of people who have died and are dying due to exposure to asbestos in their products. 3
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Under the Australian constitution, matters relating to occupational health and safety are the concern of the individual states and territories. That also means that if you are a company that have a physical presence in each state or territory of Australia and/or has employees that work in each state or territory then your company has to consider and comply with 8 sets of laws and regulations (and 8 regulatory authorities). The role of the Federal Government on OHS is Australia is currently to try and get all the states and territories to bring their legislation and regulations into “harmony” ie that states and territories to bring their legislation and regulations into harmony , i.e., that they are as similar between each state and territory as possible. This is driven by the need to make it easier for organisations to exist and function in Australia. 4
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The most immediate impact to any organisation that has a presence in more than one state or territory is additional cost and effort due to the mandatory need to comply with each state and territories OHS laws. 5
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look at the State of Victoria. It is important to consider the “pyramid” shown on the slide here – as it concisely describes what must be complied with (mandatory) and what should be considered and possibly complied with (voluntary). 6
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This note was uploaded on 09/27/2009 for the course SEB 323 - S taught by Professor Professor during the Three '09 term at Deakin.

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3.3 SEB323 2009 OHS #3 21 August - The Law and OHS is...

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