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OCCUPATIONAL HEALTH AND SAFETY ACT REVIEW

March 2004

Chris Maxwell

© State of Victoria Printed by State of Victoria, March 2004 ISBN 1920921044 This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from State of Victoria. Disclaimer: The content in this report is provided for information purposes only. The views expressed herein are those of the author and do not purport to represent the position of the State of Victoria. Neither the author nor the State of Victoria accept any liability to any persons for the information (or the use of such information) which is provided in this review or incorporated into it by reference. The information in this Review is provided on the basis that all persons having access to it undertake responsibility for assessing the relevance and accuracy of its content.

OCCUPATIONAL HEALTH AND SAFETY ACT REVIEW

March 2004

Chris Maxwell

TABLE OF CONTENTS

TABLE OF CONTENTS ABBREVIATIONS ACKNOWLEDGEMENTS EXECUTIVE SUMMARY INTRODUCTION CHAPTER 1: A CONSULTATIVE INQUIRY CHAPTER 2: THE SAFETY CONSENSUS PART 1: NEW CHALLENGES FOR OHS

1 3 5 6 15 15 20 24 24 29 46 46 54 60 71 96 96 100 110 120 135 141 159 163 169 177 177 186 192 192 215 222 227 233 233 258 272 284 284 293 328 347 350 354 354 357 360 363 383 387 392 392 397 401 403 412 414

CHAPTER 3: THE CHANGING LABOUR MARKET CHAPTER 4: NEW AND EMERGING RISKS PART 2: CHAPTER 5: CHAPTER 6: CHAPTER 7: CHAPTER 8: PART 3: THE REGULATORY STRUCTURE A BIFURCATED AUTHORITY RELATIONS WITH GOVERNMENT THE NEED FOR A TRIPARTITE MECHANISM DUPLICATION AND THE REGULATORY BURDEN GENERAL DUTIES: SCOPE AND LIMITS

CHAPTER 9: THE ROBENS MODEL: HISTORICAL BACKGROUND…...

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