Comments on: OHS is now a fundamental human right. So what? https://safetyatworkblog.com/2023/03/15/ohs-is-now-a-fundamental-human-right-so-what/ Award winning news, commentary and opinion on workplace health and safety Mon, 27 Nov 2023 04:55:09 +0000 hourly 1 https://wordpress.org/?v=6.6.1 By: Kevin Jones https://safetyatworkblog.com/2023/03/15/ohs-is-now-a-fundamental-human-right-so-what/#comment-119591 Tue, 14 Mar 2023 21:29:32 +0000 https://safetyatworkblog.com/?p=105838#comment-119591 In reply to pamoylan@bigpond.net.au.

Peter, I am not sure about the legislated rights, but I am no lawyer. The duty of care in the OHS laws is dependent on the employer upholding that duty. My impression is that the new fundamental right means that the worker has that right regardless of what the employer does. It does not overwrite the duty of care but strengthens the employer’ inability to dispute their obligation to provide a safe and healthy working environment.

But I would love an OHS lawyer to Jin this conversation.

]]> By: pamoylan@bigpond.net.au https://safetyatworkblog.com/2023/03/15/ohs-is-now-a-fundamental-human-right-so-what/#comment-119585 Tue, 14 Mar 2023 20:36:44 +0000 https://safetyatworkblog.com/?p=105838#comment-119585 speeches alone do not help much-OHS rights and obligations have been set out in Australian legislation for decades-the need is proper enforcement

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