Paradigm crossed? The statutory occupational health and safety obligations of the business undertaking

Abstract

In this article, Richard Johnstone examines Australian statutory OHS obligations in the context of the changing nature of the Australian labour market. The focus of the paper is on the statutory ‘general duties’ owed by employers and self employed persons to both employees and persons other than employees. The article explores the scope of these general duty provisions and applies them to the more traditional employment relationship and to newer forms of work arrangements including contracting, outworking, labour hire companies and franchising agreements.