The Dupes of Hazard: Occupational Health and Safety and the Victorian Sanctions Debate

Abstract

This paper takes issue with those who are currently arguing in favor of recourse to charges of manslaughter in some cases of occupational fatality. Such a step, it is argued, would effec tively involve collusion with a protracted historical process which rendered occupational health and safety offences ambi guous with regard to their criminality. This historical process is summarised and the use of sanctions in this area of Victorian legislation is reviewed. While sympathising with the objec tives of those who support stronger action in the occupational health and safety field, the authors nonetheless argue that they have been duped into a position which, by treating some offences as unequivocally criminal, implies that the vast majority are not. Instead, it is suggested, an offence of causing death through violation of the Occupational Health and Safety Act 1985, should be created.