A responsive, contextual and networked approach to enforcing safe design of plant

Abstract

This working paper begins by discussing current mechanisms, strategies and practices applied by Australian OHS regulators to enforce compliance with OHS law, observing that, in the main, OHS enforcement policy and practice has been designed for and applied to employer and worker duty holders. While some of these approaches may have application in enforcing upstream duties, there is a need to rethink enforcement in relation to safe design and the upstream obligations. Thus, this working paper proposes some possible new directions for enforcement policy and practice, taking account of important contextual factors which influence upstream duty holders and therefore need to shape how OHS regulators oversee and engage with upstream parties.