The legal construction of OHS management systems

The first half of this chapter(1) examines current approaches to the legal regulation of OHS management in Europe, North America and Australia. It analyses the extent to which the existing statutory provisions governing OHS require, and can be satisfied by, OHS management systems. The second half of the chapter outlines, and examines the implications of adopting, a "two-track" approach to regulation. Under this approach, enterprises would be offered a choice between a continuation of existing forms of regulation on the one hand (track one), and the adoption of a safety management system (SMS)-based approach on the other (track two). The track two approach would put primary responsibility on employers and workers themselves to find optimal means of reducing occupational injury and disease subject to government and third party oversight.