Principles of OHS Law

This chapter reviews the basic principles underlying current Australian work health and safety (WHS) legislation. It is essential for the provision of OHS advice and OHS decision making in organisations to be underpinned by an understanding of these principles. It is equally important that OHS professionals are able to identify when it is appropriate to seek professional legal advice. After outlining the historical context for the current legislative framework, this chapter reviews core concepts including the sources of OHS law and provisions of the model Work Health and Safety Act. It focuses on duty of care, the qualifiers to this duty, an officer’s duty to exercise due diligence, and enforcement mechanisms available to regulators. The chapter concludes with implications for OHS practice.