Breach of statutory duty and risk management in occupational health and safety law: new wine in old wineskins?

Title: Breach of statutory duty and risk management in occupational health and safety law: new wine in old wineskins?
Creator: Foster, Neil
Relation: Tort Law Review Vol. 14, Issue 2, p. 79-104
Relation: http://www.thomson.com.au/catalogue/shopexd.asp?id=1247
Publisher: Lawbook Co.
Resource Type: journal article
Date: 2006
Description: The tort action for breach of statutory duty has been used for many years in cases of workplace injury, disease or death,and is still being relied on. But in the workplace safety area the old regime of prescriptive regulation was being replaced by a system of "general duty" laws, and in recent years there has been a further move to the model of "risk management". Can the old wineskin survive the impact of the new wine? This article considers how the action has fared recently under successive changes in the workplace safety legislative regime in the United Kingdom and in Australia.
Subject: breach of statutory duty; tort action; workplace safety; United Kingdom; Australia
Identifier: uon:1148
Identifier: http://hdl.handle.net/1959.13/26818
Identifier: ISSN:1039-3285
Language: eng
Full Text

		Thumbnail	File	Description	Size	Format
View Details Download			ATTACHMENT01	Author final version	240 KB	Adobe Acrobat PDF	View Details Download