Dismantling Worker Categories: The Primary Duty of Care and Worker Consultation, Participation and Represenation in the Model Work Health and Safety Bill 2009
(PDF:364K/20pages)
Richard Johnstone

Management Walk-Arounds:
Lessons from the Gulf of Mexico Oil Well Blowout
(PDF:355K/13pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins A, 'Risk-management and rule-compliance: Decision-making in hazardous industries' (2011) 49 Safety Science 110-120.

Case Note on Kirk v Industrial Relations Commission of New
South Wales; Kirk Group Holdings v Workcover Authority of
New South Wales (Inspector Childs) [2010] HCA 1 (3 Feb 2010)
(PDF:199K/11pages)
Neil Foster

Reflections on General Deterrence and OHS Prosecutions
(PDF:277K/22pages)
Ron McCallum, Toni Schofield and Belinda Reeve

Safety Decision Making - Drawing a Line in the Sand
(PDF:146K/11pages)
Jan Hayes

Personal Corporate Officer Liability under the Model
Work Health and Safety Bill
(PDF:390K/25pages)
Neil Foster

Enforceable Undertakings in Action - Report of a Roundtable Discussion with Australian Regulators
(PDF:728K/74pages)
Richard Johnstone, Christine Parker

On the Limits of Management Based Regulation
(PDF:250K/38pages)
Neil Gunningham and Darren Sinclair

Peer Reviewed Publication:

Gunningham Neil, and Sinclair Darren. (2009). ‘Organizational trust and limits of management-based regulation’, 43 Law and Society Review 4, 865-899.

The National Review into Model OHS Laws: A Paper Examining the 'Specified Classes' of Duty Holders; Reasonably Practicable and Risk Management; and Access to OHS Advice
(PDF:239K/22pages)
Elizabeth Bluff

The National Review into Model OHS Laws: A Paper Examining the Duties of Officers and Due Diligence
(PDF:178K/11pages)
Neil Foster

“Thoughts, Feelings, Action”: Survey of Victorian Managers of Major Hazard Facilities
(PDF:143K/21pages)
Fiona Haines and Chris Platania Phung

Peer Reviewed Publication:

Haines, Fiona and Platania-Phung, Chris. (February 2010). “Thoughts, feelings, action: survey of Victorian managers of major hazard facilities”, 26 Journal of Health, Safety and Environment 1, 47-62.

Will The Rudd Federal Labor Government Abolish Key Legal Protections For Certain Exploited Vulnerable Workers?
(PDF:175K/15pages)
Michael Rawling

Peer Reviewed Publications:

Rawling, Michael. (2009). "The Impact of Federal Legislation upon the Scope of State Jurisdictions to Regulate Outwork" 22 Australian Journal of Labour Law, 147-160 .

Rawling, Michael. "A Generic Model of Regulating Supply Chain Outsourcing" in Arup et al, (eds) Labour Law and Labour Market Regulation (Federation Press, Sydney, 2006) 520-541(available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=982748).

Rawling, Michael. (2007). "The Regulation of Outwork and the Federal Takeover of Labour Law" 20 Australian Journal of Labour Law, 189-206.

Recent Developments in Personal Liability of Company Officers for Workplace Safety Breaches – Australian and UK Decisions
(PDF:378K/31pages)
Neil Foster

The Industrial Relations of Sick Leave and Workers Compensation for Police Officers in Australia
(PDF:166K/40pages)
Robert Guthrie

Harmonising Occupational Health and Safety Regulation in Australia: the First Report of the National OHS Review
(PDF:406K/40pages)
Richard Johnstone

Peer Reviewed Publication:

Johnstone, Richard. (2008). “Harmonising Occupational Health and Safety regulation in Australia: The First Review of the National OHS Review’” 1 Journal of Applied Law and Policy, 35-58.

OHS Inspectors and Psychosocial Risk Factors: Evidence from Australia
(PDF:301K/32pages)
Richard Johnstone, Michael Quinlan and Maria McNamara

Regulation and the Role of Trust: Reflections from the Mining Industry
(PDF:296K/28pages)
Neil Gunningham and Darren Sinclair

Peer Reviewed Publication:

Gunningham, Neil and Darren Sinclair. (2009). "Regulation and the Role of Trust: Reflections from the Mining Industry" 36 Journal of Law and Society 2, 167-194.

A Responsive Sanction to Promote Systematic Compliance? Enforceable Undertakings in OHS Regulation
(PDF:480K/36pages)
Richard Johnstone and Michelle King

Peer Reviewed Publication:

Johnstone, Richard and Michelle King. (2008). “A Responsive Sanction to Promote Systematic Compliance?: Enforceable Undertakings in Occupational Health and Safety Regulation” 21 Australian Journal of Labour Law, 280-315.

Identifying and Responding to Warnings: The Case of Australia's Air Traffic Control Organisation
(PDF:184K/25pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. "Identifying and responding to warnings" in Learning from High Reliability Organisations, Hopkins, Andrew (Ed) 33-58. (Sydney: CCH, 2009)

Responsive OHS Regulation in the Mining Sector
(PDF:150K/18pages)
Neil Gunningham and Darren Sinclair

Peer Reviewed Publication:

Gunningham, Neil. Mine Safety: Law Regulation Policy. (Sydney: The Federation Press, 2007).

Multiple OHS Inspection Tools: Balancing Deterrence and Compliance in the Mining Sector
(PDF:158K/18pages)
Neil Gunningham and Darren Sinclair

Peer Reviewed Publication:

Gunningham, Neil. Mine Safety: Law Regulation Policy. (Sydney: The Federation Press, 2007).

Factors Impinging on the Effectiveness of the Mines Inspectorate
(PDF:221K/17pages)
Neil Gunningham and Darren Sinclair

Peer Reviewed Publication:

Gunningham, Neil. Mine Safety: Law Regulation Policy. (Sydney: The Federation Press, 2007).

Thinking About Process Safety Indicators
(PDF:232K/16pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. (2009). "Thinking About Process Safety Indicators", Safety Science 47, 460-465.

Organisational Restructuring/Downsizing, OHS Regulation and Worker Health and Wellbeing
(PDF:221K/31pages)
Michael Quinlan

Peer Reviewed Publication:

Quinlan, Michael.(2007). "Organisational Restructuring/Downsizing, OHS regulation and worker health and wellbeing", International Journal of Law and Psychiatry 30, 385-399.

The Problem of Defining High Reliability Organisations
(PDF:113K/15pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. "The problem of defining high reliability organisations" in Learning from High Reliability Organisations, Hopkins, Andrew (Ed) 5-16. (Sydney: CCH, 2009).

The CAMAC Report on Personal Liability for Corporate Fault – A Critique from the OHS perspective
(PDF:95K/9pages)
Neil Foster

Peer Reviewed Publication:

Foster, Neil. (2007).“The CAMAC Report on Personal Liability for Corporate Fault - A Critique from the OHS Perspective”, 20 Australian Journal of Labour Law 1, 112-118.

The Impact of the Gretley Prosecutions
(PDF:153k/20pages)
Andrew Hopkins

Peer Reviewed Publications:

Hopkins, Andrew. "Appendix", in Lessons from Gretley: Mindful Leadership and the Law (Sydney: CCH, 2007).

Hopkins, Andrew. (2007). "Deterrence and Risk-Based OHS Law", 23 Journal of Occupational Health and Safety - ANZ 5, 433-444.

Holding Corporate Leaders Responsible
(PDF:159K/18pages)
Andrew Hopkins

Peer Reviewed Publications:

Hopkins, Andrew. "Chapter 7", in Lessons from Gretley: Mindful Leadership and the Law (Sydney: CCH, 2007).

Hopkins, Andrew. (2007). "Holding Corporate Leaders Responsible", 59 Keeping Good Companies 6, 340-344.

Safety Decision Making in High Hazard Organisations at the Production/Maintenance Interface - A Literature Review
(PDF :336K/39pages)
Jan Hayes

Peer Reviewed Publication:

Hayes, Jan. "Operational Decision-Making", in Learning from High Reliability Organisations, Hopkins, Andrew (Ed). (Sydney: CCH, 2009)

Safety, Security, Politics and Fact: Shaping the Regulatory Solution
(PDF:159K/18pages)
Fiona Haines

Peer Reviewed Publication:

Haines, Fiona. (2009). "Regulatory Failures and Regulatory Solutions: A Characteristic Analysis of the Aftermath of Disaster", 34 Law & Social Inquiry 1, 31-60.

Is the Australian Mining Industry Ready for a Safety Case Regime?
(PDF:185K/18pages)
Kathryn Heiler

Studying Organisational Cultures and their Effects on Safety
(PDF:195K / 18 pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. (2006). "Studying Organisational Cultures and their Effects on Safety", 44 Safety Science, 875-899.

A Corporate Dilemma:To be a Learning Organisation or to Minimise Liability
(PDF:151K/ 13 pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. (2006). "A Corporate Dilemma: To be a Learning Organisation to to Minimise Liability", 22 Journal of Occupational Health and Safety - ANZ 3, 251-259.

Evaluating Mine Safety Legislation in Queensland
(PDF:187K/1 7pages)
Neil Gunningham

Take Me to Your Employer: The Organisation Reach of Occupational Health and Safety Regulation
(PDF:278K/37pages)
Richard Johnstone and Therese Wilson

Peer Reviewed Publication:

Johnstone, Richard and Therese Wilson.(2006). “Take Me to Your Employer: The Organisational Reach of Occupational Health and Safety Regulation” 19 Australian Journal of Labour Law , 59-80.

An Evaluation of Certain Criticisms of the NSW OHS Act
(PDF:176K/15pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. "Chapter 5", in Lessons from Gretley: Mindful Leadership and the Law (Sydney: CCH, 2007).

The Gretley Coal Mining Disaster: Reflections on the Finding that Mine Managers were to Blame
(PDF:306K/30 pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. "Chapters 2, 3 ", in Lessons from Gretley: Mindful Leadership and the Law (Sydney: CCH, 2007).

The OHS Regulatory Challenges Posed by Agency Workers: Evidence from Australia
(PDF:2719K/33pages)
Richard Johnstone and Michael Quinlan

Peer Reviewed Publication:

Johnstone, Richard, and Michael Quinlan.(2006). "The OHS Regulatory Challenges of Agency Labour: Evidence from Australia" 28 Employee Relations 3, 273-289.

Safety Case Regulation for the Mining Industry
(PDF:383K/27pages)
Andrew Hopkins and Peter Wilkinson

What are we to make of safe behaviour programs?
(PDF:234K/16pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. (2006). "What are we to make of Safe Behaviour Programs?" 44 Safety Science, 583-597.

The missing link - regulating occupational health and safety support
(PDF:491K/39pages)
Liz Bluff

Peer Reviewed Publication:

Bluff, Elizabeth. (2006). "Improving the Provision of OHS Support in Australia" 22 Journal of Occupational Health and Safety - Australia and New Zealand 3, 227-236.

Regulating Occupational Health and Safety in the Labour Market
(PDF:160K/20pages)
Richard Johnstone

Safety Regulation and Mining Inspectorate - Lessons from Western Australia
(PDF:204K/15pages)
Neil Gunningham

Peer Reviewed Publication:

Gunningham, Neil. (2005). "Safety, regulation and the mines inspectorate: lessons from Western Australia” 21 Journal of Occupational Health and Safety: Australia and New Zealand 4, 299-310.

New Strategies for Safety Regulators: Beyond Compliance Monitoring
(PDF:212K/17pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. (2007). "Beyond compliance monitoring: New strategies for Safety Regulators” 29 Law and Policy, 2, 210-225.

Best practice Rail Safety Regulation
(PDF:342K/24pages)
Neil Gunningham

Motivating Management: Corporate Compliance with Safety, Health and Environmental Regulation
(PDF:228K/32pages)
Neil Gunningham, Dorothy Thornton and Robert A. Kagan

Peer Reviewed Publication:

Gunningham, Neil, Dorothy Thornton and Robert A. Kagan. (2005). “Motivating Management: Corporate Compliance in Environmental Protection” 27 Law and Policy 2, 289-316.

Cotton, Health and Environment: A Case Study of Self-Regulation
(PDF:404K/33pages)
Neil Gunningham

Peer Reviewed Publication:

Gunningham, Neil. (2004). "Cotton, Health and Environment: A Case Study of Self-Regulation”, 9 The Australian Journal of Natural Resources Law and Policy 2, 189-228.

A Responsive, Contextual and Networked Approach to
Enforcing Safe Design of Plant
(PDF:203K/26pages)
Liz Bluff

The Relationship Between 'Reasonably Practicable' and
Risk Management Regulation
(PDF:499K/45pages)
Liz Bluff and Richard Johnstone

Peer Reviewed Publication:

Johnstone, Richard and Liz Bluff. (2005). “The Relationship between ‘Reasonably Practicable’ and Risk Management Regulation” 18 Australian Journal of Labour Law 3, 197-239.

Reflection On Reforms: Developing Criminal Accountability For Industrial Deaths
(PDF:753K/96pages)
Andy Hall, Richard Johnstone and Alexa Ridgway

Peer Reviewed Publication:

Hall, Andy and Richard Johnstone. (2005). “Exploring the Recriminalising of OHS Breaches in the Context of Industrial Death” 8 The Flinders Journal of Law Reform, 57-92.

Quantitative Risk Assessment: A Critique
(PDF:322K/25pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. "Chapter 12" in Safety, Culture and Risk (Sydney: CCH, 2005).

Regulatory Strategies for the Safe Design of Plant
(PDF:292K/26pages)
Liz Bluff

Peer Reviewed Publication:

Bluff, Elizabeth. (2004). "Regulating the Safe Design of Plant" 20 Journal of Occupational Health and Safety - Australia and New Zealand 3, 229-239.

The Use of Infringement Notices in OHS Law Enforcement
(PDF:464K/19pages)
Liz Bluff

Peer Reviewed Publication:

Bluff, Elizabeth and Johnstone, Richard. (2003). "Infringement Notices: Stimulus for Prevention or Trvialising Offences?" 19 Journal of Occupational Health and Safety - Australia and New Zealand, 337-346.

Statutory OHS Workplace Arrangements for the Modern Labour Market (PDF:300K/35pages)
Richard Johnstone, Michael Quinlan and David Walters

Peer Reviewed Publication:

Johnstone, Richard, Michael Quinlan and David Walters. (2005). "Statutory OHS Workplace Arrangements for the Modern Labour Market" 47 Journal of Industrial Relations 1, 93-116.

Regulating supply-chains to address the occupational health and safety problems associated with precarious employment: The case of home-based clothing workers in Australia
(PDF: 209K/ 24 pages)
Igor Nossar, Richard Johnstone and Michael Quinlan

Peer Reviewed Publication:

Nossar, Igor, Richard Johnstone and Michael Quinlan. (2004). "Regulating supply-chains to address the occupational health and safety problems associated with precarious employment: The case of home-based clothing workers in Australia", 17 Australian Journal of Labour Law 2, 1-24.

Systematic Management of Occupational Health and Safety
(PDF: 528K/ 66 pages)
Liz Bluff

Regulating Safe Design and Planning of Construction Works
(PDF: 399K/ 36 pages)
Liz Bluff

Improving Occupational Health & Safety Policy through Intervention Research
(PDF: 107K/ 12 pages)
Anthony D. LaMontagne

Regulating the Psychosocial Issues in Changing Work Situations
(PDF:51K / 5pages)
Christina Engman

Flexible Work and Organisational Arrangements - Regulatory Problems and Responses
(PDF:195K / 21pages)
Michael Quinlan

Peer Reviewed Publication:

Quinlan, Michael. "Flexible Work and Organisational Arrangements". In OHS Regulation for a Changing World of Work ( Bluff, Gunningham and Johnstone Eds), (Sydney: Federation Press, 2004), 120-145.

OHS in Small Organisations: Some Challenges and Ways Forward
(PDF:285K / 32pages)
David Walters and Felicity Lamm

Peer Reviewed Publication:

Lamm, Felicity and David Walters. "Regulating Occupational Health and Safety in Small Businesses". In OHS Regulation for a Changing World of Work ( Bluff, Gunningham and Johnstone Eds), (Sydney: Federation Press, 2004), 95-119.

Organisational Development and OHS Management in Large Organisations
(PDF:240K / 28pages)
Kaj Frick

Peer Reviewed Publication:

Frick, Kaj. "Organisational Development for Occupational Health and Safety Management". In OHS Regulation for a Changing World of Work ( Bluff, Gunningham and Johnstone Eds), (Sydney: Federation Press, 2004), 43-67.

Thinking Laterally: Restorative and Responsive Regulation Of OHS
(PDF:125K / 14pages)
John Braithwaite

Peer Reviewed Publication:

Braithwaite, John. "Restorative and Responsive Regulation of OHS". In OHS Regulation for a Changing World of Work ( Bluff, Gunningham and Johnstone Eds), (Sydney: Federation Press, 2004), 194-208.

Carrots and Sticks - Inspection Strategies in Denmark
(PDF:82K / 12pages)
Per Langaa Jensen and Jens Jensen

Peer Reviewed Publication:

Jensen, Per Langaa and Jens Jensen. "Adapted Inspection: An Example of Responsive Enforcement". In OHS Regulation for a Changing World of Work ( Bluff, Gunningham and Johnstone Eds), (Sydney: Federation Press, 2004), 179-193.

From Fiction to Fact - Rethinking OHS Enforcement
(PDF:178K / 57pages)
Richard Johnstone

Peer Reviewed Publication:

Johnstone, Richard. "Rethinking OHS Enforcement". In OHS Regulation for a Changing World of Work ( Bluff, Gunningham and Johnstone Eds), (Sydney: Federation Press, 2004), 146-178.

Workplace Arrangements for OHS in the 21st Century
(PDF:267K / 29pages)
David Walters

Peer Reviewed Publication:

Walters, David. "Workplace Arrangements for Worker Participation in OHS". In OHS Regulation for a Changing World of Work ( Bluff, Gunningham and Johnstone Eds), (Sydney: Federation Press, 2004), 68-93.

Principle, Process, Performance or What? New Approaches to OHS Standards Setting
(PDF: 643K / 42pages)
Liz Bluff and Neil Gunningham

Peer Reviewed Publication:

Bluff, Liz and Neil Gunningham. "Principle, Process, Performance or What? New Approaches to OHS Standards Setting". In OHS Regulation for a Changing World of Work ( Bluff, Gunningham and Johnstone Eds), (Sydney: Federation Press, 2004), 12-42.

OHS Implications of Agvet Chemical Regulation
(PDF: 666K / 59pages)
Patricia Healy and Neil Gunningham

Peer Reviewed Publications:

Healy, Patricia and Neil Gunningham. (2004). "Regulating Agricultural Chemicals: Limitations of the Status Quo", 20 Journal of Occupational Health and Safety: Australia and New Zealand 3, 255-262.

Healy, Patricia and Neil Gunningham. (2004). "Agricultural OHS Policy: Towards Systemic Reform" 30 Journal of Occupational Health and Safety: Australia and New Zealand 4, 319-324.

Safety Culture, Mindfulness and Safe Behaviour: Converging ideas
(PDF:168K / 15pages)
Andrew Hopkins

Peer Reviewed Publication:

Hopkins, Andrew. "Chapter 1" in Safety, Culture and Risk (Sydney: CCH, 2005).

Safety, Courts and Crime
(PDF: 628K / 33 pages)
Richard Johnstone

Peer Reviewed Publication:

Johnstone, Richard. (2003). "Safety, Courts and Crime: Occupational Health and Safety Prosecutions in the Magistrates’ Courts” 1 Policy and Practice in Health and Safety , 105-127.

The Prevention of Occupational Injuries and Illness: The Role of Economic Incentives
(PDF: 444K / 27 pages)
Alan Clayton

Regulatory Character and Regulatory Reform: Exploring the nexus between globalization and safety standards
(PDF: 324K / 28 pages)
Fiona Haines

Peer Reviewed Publications:

Haines, Fiona. (2003). "Regulatory Reform in Light of Regulatory Character: Assessing Industrial Safety Change in the Aftermath of the Kader Toy factory Fire in Bangkok, Thailand” 12 Social & Legal Studies 4, 461-487.

Haines, Fiona. "Globalization and Regulatory Character: Regulatory reform after the Kader Toy Factory Fire" Part of the Advances in Criminology Series (Nelken, David (Ed)), (Aldershot: Ashgate, 2005).

The Legal Concept of Work-Related Injury and Disease in Australian OHS and Workers’ Compensation Systems
(PDF: 804K / 48 pages)
Alan Clayton, Richard Johnstone and Sonya Sceats

Peer Reviewed Publication:

Clayton, Alan, Richard Johnstone and Sonya Sceats. (2002). "The Legal Concept of Work-Related Injury and Disease in Australian OHS and Worker's Compensation Systems", 15 Australian Journal of Labour Law 2, 105-154.

Regulating Farm Safety: Towards an Optimal Policy Mix
(PDF: 260K / 15 pages)
Neil Gunningham

The Legal Framework for Regulating Road Transport Safety: Chains of Responsibility, Compliance and Enforcement
(PDF: 316K / 17 pages)
Richard Johnstone

Something to Think About - Motivations, Attitudes, Perceptions and Skills in Work Health and Safety

This report presents a review of the literature concerning the socio-psychological dimension of work health and safety. The review examines literature relating to organisations’ and individuals’ willingness and capacity to address work health and safety, and comply with regulation. It deals with motivations, attitudes, perception of risk, knowledge and skills, and ‘culture’ as the basic or underlying values, assumptions and beliefs embedded in an organisation (work site or work group), and how each of these impact on work health and safety. The report examines the role of ‘regulation’, including the law and its enforcement, with regard to how they may shape willingness and capacity to comply through compliance support, inspection and enforcement activities. Finally, the review touches on the wider context of organisations’ and individuals’ interactions with and position in relation to external actors which may also affect their willingness and capacity to comply. For each of these areas, the report suggests some gaps in existing understanding of how they influence organisations’ and individuals’ actions in relation to work health and safety, and how these factors are themselves shaped, and the impact of particular regulatory strategies and mechanisms and ways of engaging with organisations and individuals. These ‘gaps’ provide the basis for a series of questions which the report proposes to guide future research concerning work health and safety, socio-psychological factors, and the role and influence of compliance support, inspection and enforcement activities.

The report is online at: http://www.safeworkaustralia.gov.au

2.

Organisational Safety - A New Research Venture for the Australian Pipeline Industry

Accident research and experience suggests that serious accidents are rarely the result of previously unknown technical mechanisms. Rather, accidents occur when technical knowledge is not applied in a particular case for a range of social and organisational reasons. The challenge in accident prevention therefore relates to those social and organisational factors. These issues are being investigated by the Energy Pipelines Cooperative Research Centre (EPCRC) which is investigating:

A paper outlining the Energy Pipelines Cooperative Research Centre initiatives can be downloaded here.

top of page | home

about the centre | about OHS regulation | research consortium | projects and events | publications | links | contact us

© National Research Centre for Occupational Health and Safety Regulation 2002
Funded by WorkCover NSW, WorkSafe Victoria and Workplace Health and Safety Queensland
Web design by Starkis Design