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About OHS Regulation in Australia
Federal structure
Historical development
Standard setting
State enforcement
Worker Involvement in OHS
Conclusion
References
on OHS regulation
References on
regulation
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References on OHS regulation
E Bluff, N Gunningham and R Johnstone (eds.), OHS Regulation for a Changing World of Work, Federation Press, Sydney, 2004 - a collection of papers on OHS standards setting, enforcement, worker representation, OHS management and OHS in small enterprises
P Bohle and M Quinlan, Managing Occupational Health and Safety in
Australia, 2nd ed, Macmillan, Melbourne, 2000 – an
excellent introduction to OHS, including good chapters on OHS regulation
and workers’ compensation
WG Carson, "White Collar Crime and the Enforcement of Factory Legislation" (1970) 10 British Journal of Criminology 383
WG Carson, "Some Sociological Aspects of Strict Liability and the
Enforcement of Factory Legislation" (1970) 33 Modern Law Review
396
WG Carson, "The Conventionalisation of early Factory Crime"
(1979) 7 International Journal of the Sociology of Law 37 –
three important articles by Carson exploring the history and dynamics
of OHS enforcement
WB Creighton and P Rozen, Occupational Health and Safety Law in Victoria,
2nd ed, Federation Press, Sydney, 2007 – a detailed analysis
of OHS law in Victoria.
WB Creighton and A Stewart, Labour Law: an introduction, 4th
ed, Federation Press, Sydney, 2005, includes an overview
of OHS and workers’ compensation law in Australia
N Ellis, Work and Health: Management in Australia and New Zealand,
Oxford University Press, Melbourne, 2001 – An overview of OHS legislation,
OHS management systems, and the regulation and management of some specific
risks.
K Frick, PL Jensen, M Quinlan and T Wilthagen (eds), Systematic Occupational
Health and Safety Management: Perspectives on An International Development,
Pergamon, Amsterdam, 2000 – an interdisciplinary collection of essays
on systematic OHS management
N Gunningham, Safeguarding the Worker, Law Book, Sydney, 1984
– although the section on OHS law is out of date, an excellent discussion
of OHS regulatory policy
N Gunningham, Mine Safety-Law, Regulation, Policy, The Federation Press, Sydney, 2007 - an analysis of mining specific legislation and its design, implementation and enforcement
N Gunningham and R Johnstone, Regulating Workplace Safety: Systems
and Sanctions, OUP, Oxford, 1999 – explores issues in OHS regulatory
policy, particularly in standard setting and enforcement
P James and D Walters, Regulating Health and Safety at Work: The
Way Forward, The Institute of Employment Rights, London, 1999 –
as its title suggests, a critical review of the English OHS legislation,
with an agenda for reform
R Johnstone, Occupational Health and Safety Law and Policy, LBC,
Sydney, 2004 – a comprehensive
text on OHS and workers’ compensation law and policy
R Johnstone, Occupational Health and Safety Courts and Crime: The Legal Construction of Occupational Health and Safety Offences in Victoria, Federation Pres, Sydney, 2003 - an analysis of OHS offences in Victorian prosecutions
C Mayhew and C Peterson, Occupational Health and Safety in Australia,
Allen & Unwin, Sydney, 1999 – a collection of readings on OHS
W Thompson, Understanding New South Wales Occupational Health and
Safety Legislation, 3rd ed, CCH, Sydney, 2001 – a
detailed analysis of the Occupational Health and Safety Act 2000
(NSW)
M Tooma, Tooma’s Annotated Occupational Health and Safety Act
2000, 2nd edition, Lawbook Co, Sydney, 2004– a detailed analysis of the Occupational
Health and Safety Act 2000 (NSW)
M Tooma, Tooma's Annotated Occupational Health and Safety Act 2004 Victoria, Lawbook Co, Sydney, 2005 - a detailed analysis of the Victorian OHS Act 2004
General references on regulation
The following books provide an introduction to the very rich field of
regulatory theory. They have been chosen because they provide useful
starting points for a study of regulation - but there are many other books
that could be included on this list. If you would like to suggest other
references that should be included here, do not hesitate to email us:
nrcoshsr@anu.edu.au
I Ayres and J Braithwaite, Responsive Regulation, Oxford University
Press, Oxford, 1992 – an extremely influential book on regulatory
theory and policy which develops and explains the idea of responsive regulation
R Baldwin and M Cave, Understanding Regulation: Theory, Strategy
and Practice, Oxford University Press, 1999 – an introduction
to regulatory theory
R Baldwin, C Scott and C Hood (eds), A Reader on Regulation,
Oxford University Press, Oxford, 1998 – a collection of key readings
in regulatory theory, with an excellent introductory essay
B Morgan and K Yeung, An Introduction to Law and Regulation, Cambridge University Press, Cambridge, 2007 - an examination of the dimensions of regulation and regulatory processes
A Ogus, Regulation: Legal Form and Economic Theory, Clarendon
Press, Oxford, 1994 – an introduction to regulatory theory, with
a strong economic perspective
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