Practical Work Health and Safety Law First Edition eBook

In general terms, Australian law prescribes a duty on those responsible for work to take reasonably practicable steps to ensure workplace health and safety (WHS).  There are also duties to other people impacted by work.  This requires duty holders to implement WHS risk management - assessing hazards, identifying and controlling risks and monitoring the workplace.  This book provides an overview of core WHS concepts and critically discusses pivotal new developments and emerging issues.  It:

• Provides a comprehensive overview of the journey to harmonized WHS laws in Australia, which still has not occurred.  It overviews core concepts eg what is “reasonably practicable” and the specific duties on individuals including officers and workers.  The interplay with regulations, codes and standards is also considered, including in the context of the recent tragic Tas Zorb matter.
• Analyses psychosocial hazards and risks and the related new Model Code.  It outlines legal developments pertaining to bullying and harassment, including sexual harassment.  It considers the Fair Work Commission’s jurisdiction to issue stop orders and the Australian Human Rights Commission’s role relating to eg the positive duty to prevent harassment and discrimination.  The recent High Court decision in Elisha v Vision Australia is considered (psychiatric injury caused by an employer’s breach of workplace policy which had become a term of the employment contract).
• Considers remote work and working from home – in particular: what is a workplace; the link between domestic violence and work; law reform relating to data protection (so that sensitive employee information cannot be easily hacked); and claims by home-based workers for injuries they sustain at home.
• Canvasses emerging WHS issues eg AI and WHS
• Discusses particular industries, such as:  medicine and vexatious complaints against doctors; teaching/academia and upstream bullying (by parents and students against teaching staff); inherently traumatic work and the importance of the High Court’s  Kozarov decision; aviation and lessons from the Seaworld tragedy  (systemic change) and MH370 (pilot mental health).
• Studies the crucial area of Judicial wellness – the importance of protecting Judges’ WHS  given that they are an arm of government.  Relatedly, the book considers the emerging threat caused by those who reject law enforcement eg sovereign citizens.
• Outlines some aspects of trauma informed investigation.
• Analyses the rapidly evolving regulatory framework and response to lung diseases, particularly those arising from coal, asbestos and silica.
• Considers the operation and role of industrial manslaughter offences eg key legal decisions and practical advice for those with duties under this framework.