Robens-style

The approach in Robens-style occupational health and safety acts (see Chapter 3) is to require the amount spent on reducing the risk to balance the size of the risk. Failure to recognize and appreciate the process that determines safety results in much misdirected efibrt and, on occasions, leads to unnecessary and pointless conflict. 

OHS issues will certainty arise from time to time in ary workplace, and can be hartdled through the consultative process which Robens-style OHS law sets up - employers talking with health and safety representatives, or in health and safety committees, hr srrtall workplaces, or those without representatives, the employer can discuss matters one-on-one with employees. Issues onty become disputes if there is a difference between an employee s request, demand or point of view and that of the employer. The dispnte may be for a mtmber of reasons - one, of coitrse, is inabihty to pay for risk control measures. Another may be that the employer is dependent on others to implement solutions. For example, a contractor at a mine site may operate machinery belonging to the principal which needs new capital investment for safe operation rather than just maintenance. An accident make employees aware of a risk they weren t aware of before. 

In the Robens-style consultative approach to health and safety, a lot of importance is placed on negotiation by health and safety representatives, as well as discussions in health and safety committees. Training is a key feature. Effective presentations of information and points of view to other people are essential. 

A key concept in Robens-style legislation is to take the concept of the general duty of care developed through common law tort cases (and already in some factories legislation) and apply it to a variety of stakeholders in the workplace. Canada now views this as part of an organization s due diligence. 

The key section in Robens-style legislation is the duty of employers. Errrplqyers are reqnired to provide a work environment, plarrt and system of work which, so far as is reasonably practicable (the wording of this varies between jrrrisdictiorrs), do not preserrt a threat to the health and safety of employees. They must also consult with workers and provide adequate information, instruction and training, and report accidents of certain types (in some cases also critical incidents) to the relevant OSH authority. Employees are also subject to a number of duties which are enforceable in law. 

Whilst most Robens-style OHS legislation makes some reference to the manufac-tirrer s duty of care in providing a safe product, there is also a duty of care for organizations to eliminate hazards where practicable. The apphcation of risk management principles to the pitrchase of new products is one method to hmit the introduction of new hazards into the organizatioa... 

Gun, R (1992) Regulation or Self-Regulation Is Robens-Style Legislation a Formula for Success Journal of Occupational Health and Safety - ANZ, 8 (5) 383-8. 

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