1, 2018 Safety & Environmental Health Law 265 - Lecture 1

Safety & Environmental Health
Law 265 Semester 1 2018
Dr Stephen Monterosso
Room: 407: 329
Phone: 08 9266 3879
Email: s.monterosso@curtin.edu.au
Consultation: Monday 12-1 or by appointment
Introduction
 Text
 2 x Assignments during semester
 Discussion Board
 Exam
Introduction
PowerPoint slides will be available on Blackboard each teaching week (loaded

toward the end of the previous week) which you are expected to read prior to
the lecture. There will also be weekly readings.
iLectures will be recorded and uploaded each teaching week on Blackboard.
Fully Online students should take the time to listen to these recordings
although they are available to all.
Tutorials begin week 2
Tutorial questions will be available the week before on Blackboard for Bentley
students to prepare while Fully Online students can answer the same
questions but these will need to be emailed to the Unit Controller who will
provide feedback. 10% of the total marks for the first two assignments will be
marked on weekly tutorial participation.
Text
Recommended Text: Michael Tooma Safety, Security, Health and Environment

Law 2nd Ed. Federation Press. This book is not essential but will be useful
during semester.
Much additional material will be loaded on to the Blackboard site during

semester such as in the case of Workers Compensation etc.
Assignments
Assignment # 1-25% (Due 29th March @1pm)
More information will be uploaded to the Blackboard site
Assignment # 2-35% (Due 3rd May @1pm)
More information will be uploaded to the Blackboard site

Discussion Board
During semester an on-line discussion board will be available of

Blackboard so as to provide a forum for student interaction and
participation on course subject matter.
Exam
The final exam will be held during the end of semester formal
examination period. More information will be provided during semester.
Introduction to the unit
 First & foremost – this is a Law unit

 Importance of showing analytical understanding
 Focus – law relating to aspects of safety, security, environmental risks &

health relevant to employees, employers and managers
 Whilst these are developed disciplines there is overlap and synergies

between each area.
Introduction to the unit
Our Course Topics
•Introduction-Development of the Law

•Australian Legal System & Regulatory Tools
•Nature of Employer-Employee Relationship
•Tort liability
•Risk Safety & Environmental Law
•Environmental Health Duties
•Workers Compensation
•Occupational Health & Safety Duties Under Law
•Personal Liability
•Security Law
What is Safety & Environmental Health
law?
 Readings: Tooma pp.1-22
 Body of law concerned with regulation of health, safety and

environmental risks associated with business undertakings
 Includes laws related to occupational health and safety, food, the

environment, disease, worker’s compensation etc.
 Focus on rights, duties, responsibilities under statute law and the

common law, specifically risk management
 Now included is ‘security’ law – similar risk management principles

Why study Safety & Environmental Health
Law?
 Issues related to public health but broader application
 But important marketing, commercial and HR considerations
 Major social implications

Why study Safety & Environmental
Health Law?
 Perception of being in relatively small legal significance but not so:
 Houston v Wittner’s Pty Ltd (1928) 41 CLR 107 (“adulterated milk” case)
This case relates only to a pint and a half of adulterated milk, and yet from
the standpoint of human life, particularly infant life, it is more important
than many other cases that receive the sustained attention of this court.”
(at 112 per Isaacs J.)
 Note: 2008 Chinese milk scandal, 2017 reoccurrence

 http://www.scmp.com/news/china/policies-politics/article/2082409/suspects-chinas-
biggest-baby-milk-scandal-decade-go
Health Law?
E.g Food contamination is an unfortunately common occurrence in

modern society. See e.g
http://www.couriermail.com.au/news/queensland/contaminated-foods-
causing-dangerous-health-effects-bound-for-australian-
supermarkets/news-story/830cc30346985ae9677be11504613af3
Health Law?
 Public health – process which keeps individuals and communities

healthy
 Array of interventions most identifiably contained within

environmental laws
 Includes product safety, regulation of drugs & therapeutics, pollution

law
 Issues of more global significance - requires an appreciation of

human rights, and collective values and responses
Environmental Health Law ?
Source: Department of Public Health, WA

Environmental Health Law?
Environmental health is concerned with aspects of the natural and built

environment that may affect the health of people.
 food safety,
 water quality,
 asbestos and other environmental hazard management,
 tobacco control,
 safe chemical and pesticide use, mosquito and pest control, and
 other factors in the environment that may impact on human health…. (eg.
workplace…)
Environmental health Law is that body of laws that seek to regulate the manner
in which people’s health may be affected and minimise or eliminate any adverse
impact on people’s health.
Environmental Health Law?
This aspect of the law deals with the regulation of health, safety and
environmental risks that have relevance with business/community
undertakings.
Basically you will learn how to recognize legal issues, report them,
and seek advice when/if necessary.
Note that students are not being trained as Industrial/ Environmental

Lawyers – but need to recognize and evaluate the role of the law in
matters concerning safety and environmental/industrial issues.
Development of the Law - UK
 Foundations in medieval England
 Anti-pollution laws been on statute books since late 13 th century – courts

dealing with complaints from early 14 th century
 1273 – Edward I prohibited use of coal because fumes damaging to health
 1388 – laws prohibiting throwing of dung and refuse into rivers and ditches
close to towns and villages
 Industrial revolution = economic prosperity but at great social cost
 Typical factory worker (a child or woman) worked 15-20 hours a day
 No ventilation, no fenced machinery, congested working environment

(people and machines), no safety equipment
 Significant number of accidents, most were severe

Introduction of Health and Morales Apprentices Act 1802 – world’s first

factories legislation
Dealt with working hours and conditions of apprentice pauper children in

cotton mills (eg. children not allowed to work more than 12 hours a day,
windows required in factories etc amongst other measures!!)
Implementation largely ineffective despite inspection and

enforcement powers
Introduction of steam engine = migration of cotton mills to towns –

employment of non-pauper children
Introduction of An Act for the Regulation of Cotton Mills and Factories

1819
First factory inspectorate established in 1833
Enforcement culture – no prosecution only persuasion and advice.

Reporting of factory accidents was not mandatory
1844 – Factory Act = stricter safety standards and significant role for inspectors
Introduction of fines
Children & women prohibited from cleaning machinery while it was in motion.
Despite this advance there still was still a biased attitude against factory
workers who may have been hurt
1844 – Factory Act = stricter safety standards and significant role for inspectors
Surgeons required to keep detailed records of injuries from factory accidents
Employers could be find up to £100 for failing to comply with the Act
If worker injured as result of breach – penalty could be wholly or partially applied
for benefit of worker
Industrial Revolution Images U.K
 Interpretation of Act largely in favour of employers until 1856
 1867 – new Act brought all premises employing 50 or more within scope of
factories legislation – led to the 1878 Factories and Workshops Act
 Clean Air Act 1956 – introduced after 200 Londoners died from exposure to
smog = first comprehensive air pollution legislation
 Lord Robens Report 1972 into state of industrial safety standards in the
United Kingdom
 Led to introduction of Health and Safety at Work Act 1974 (UK) which was
an extensive framework for regulation of safety standards and
enforcement
 Sir Alfred Robens
 English trade unionist and Labour politician
 Held the position of chair at the National

Coal Board of the UK
 Developed a strong understanding of the

coal industry
Development of the Law - UK.
 Broad duties of care with obligations on employers & stakeholders
 Critical of active inspection/enforcement instead favoured self regulation

model
 Therefore ‘less law’ and more voluntary codes/standards that replaced

regulations.
 Essentially prosecutions under the Robens model restricted to wilful or

reckless offences
 Robens Committee on Safety and Health at Work Report (a UK body) to

review the situation.
 ‘There are severe practical limits on the extent to which

progressively better standards of safety and health at work can be
brought about through negative regulation by external agencies.
We need a more effectively self-regulating system. This calls for the
acceptance and exercise of appropriate responsibility at all levels
within industry and commerce. It calls for better systems of safety
organisation, for more management initiative and for more
involvement of work people themselves’.
 The Committee on Safety and Health at Work appointed on 29 May 1970
 At the time 1000 people per year were dying as a result of workplace
incidents.
 First ever comprehensive review of OHS in the UK

 Called for a single national authority on safety and health
 Humanising the role of the inspectorate
 Integration of safety and health training into general workplace training
 Foundation for the:

 Health and Safety at Work Act 1974 (UK)
 The Health and Safety Executive
Australian Legal Environment
Historically followed the lead from the UK

 1878 and 1901 Factories Acts
Commonwealth government left the states to legislate OHS
Technical regulations developed as new hazards were identified.
The so called ‘Traditional Approach’ easy to enforce.
1984 Hawke Labour government established research and develop body to

create non-mandatory national standards.
Robens style legislative enacted in Australia from the 1970’s to early 1980’s
Several tragic workplace fatalities and disasters in both the domestic and
international arena have focussed attention on potential drawbacks of
Robens style occupation health & safety legislation in recent times
Eg. Westray Mine Disaster on pgs. 17-20 of Tooma and many others such as
the Beaconsfield Mine Disaster in 2006 (Tasmania)
Broadly similar legislative framework across various jurisdictions and

impose general obligations on employers, designers of workplaces,
manufacturers, suppliers etc in regard to health, employment, safety
and welfare and extends to both reporting of incidences and
consultation.
National report (2008) reviewed Occupational Health & Safety laws

and recommended criminal sanctions for D.O.C breaches, protection
against victimisation, Liability for those who conduct business,
increased penalties etc
Recently, there has been a push for harmonised Occupational Health

and Safety laws throughout Australia incorporating ‘model’ laws and
regulations/codes with a January 2012 commencement date. Western
Australia has however not adopted the model laws at this stage
principally due to disagreement on certain aspects of the model laws
Early development of environmental laws in Australia
• In the US several environmental acts were introduced to target

environmental damage replicated in Australia in late 1970s &
early 1980s through the Australian Environmental Council-body
created to coordinate State and Commonwealth environmental
activities
Next week
 Lecture: Australian Legal System & Regulatory Tools
 See you then!

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Safety & Environmental Health

Law 265 Semester 1 2018

 2 x Assignments during semester

PowerPoint slides will be available on Blackboard each teaching week (loaded

iLectures will be recorded and uploaded each teaching week on Blackboard.

Tutorials begin week 2

Recommended Text: Michael Tooma Safety, Security, Health and Environment

Much additional material will be loaded on to the Blackboard site during

Assignment # 1-25% (Due 29th March @1pm)

More information will be uploaded to the Blackboard site

Assignment # 2-35% (Due 3rd May @1pm)

More information will be uploaded to the Blackboard site

During semester an on-line discussion board will be available of

 First & foremost – this is a Law unit

 Focus – law relating to aspects of safety, security, environmental risks &

 Whilst these are developed disciplines there is overlap and synergies

Our Course Topics

•Introduction-Development of the Law

 Readings: Tooma pp.1-22

 Body of law concerned with regulation of health, safety and

 Includes laws related to occupational health and safety, food, the

 Focus on rights, duties, responsibilities under statute law and the

 Now included is ‘security’ law – similar risk management principles

 Issues related to public health but broader application

 But important marketing, commercial and HR considerations

 Major social implications

 Perception of being in relatively small legal significance but not so:

 Note: 2008 Chinese milk scandal, 2017 reoccurrence

E.g Food contamination is an unfortunately common occurrence in

 Public health – process which keeps individuals and communities

 Array of interventions most identifiably contained within

 Includes product safety, regulation of drugs & therapeutics, pollution

 Issues of more global significance - requires an appreciation of

Source: Department of Public Health, WA

Environmental health is concerned with aspects of the natural and built

Note that students are not being trained as Industrial/ Environmental

 Foundations in medieval England

 Anti-pollution laws been on statute books since late 13 th century – courts

 1273 – Edward I prohibited use of coal because fumes damaging to health

 Industrial revolution = economic prosperity but at great social cost

 Typical factory worker (a child or woman) worked 15-20 hours a day

 No ventilation, no fenced machinery, congested working environment

 Significant number of accidents, most were severe

Introduction of Health and Morales Apprentices Act 1802 – world’s first

Dealt with working hours and conditions of apprentice pauper children in

Implementation largely ineffective despite inspection and

Introduction of steam engine = migration of cotton mills to towns –

Introduction of An Act for the Regulation of Cotton Mills and Factories

First factory inspectorate established in 1833

Enforcement culture – no prosecution only persuasion and advice.

Surgeons required to keep detailed records of injuries from factory accidents

 Interpretation of Act largely in favour of employers until 1856

 Sir Alfred Robens

 English trade unionist and Labour politician

 Held the position of chair at the National

 Developed a strong understanding of the

 Broad duties of care with obligations on employers & stakeholders

 Critical of active inspection/enforcement instead favoured self regulation

 Therefore ‘less law’ and more voluntary codes/standards that replaced

 Essentially prosecutions under the Robens model restricted to wilful or

 Robens Committee on Safety and Health at Work Report (a UK body) to

 ‘There are severe practical limits on the extent to which

 The Committee on Safety and Health at Work appointed on 29 May 1970