Legal Implications of Fatigue in the Australian Transportation Industries  

Oleh:

Jones, Christopher ; Dorrian, Jillian ; Dawson, Drew

Jenis: Article from Journal - e-Journal
Dalam koleksi: Journal of Industrial Relations vol. 45 no. 3 (Sep. 2003), page 344-359.
Fulltext: 344.pdf (96.94KB)

Isi artikel

In recent years, changes in the workplace have lead to increases in the incidence of fatigue and fatigue-related injuries. At the same time, there has been an increase in the scientific understanding of fatigue. The present article discusses the primary statutory instruments that regulate duties in the workplace to manage fatigue: Occupational Health and Safety legislation and regulations applicable to the road transport and aviation industries. Following this, the manner in which the criminal law and civil law address fatigue is also considered. In addition, other statutes exist that do not directly address fatigue management duties but must be considered when fatigue is addressed in the workplace. Workers Compensation legislation is discussed in this regard. It is argued that as they stand, the laws that seek to regulate fatigue are inconsistent with each other and with current scientific understanding. Suggestions are presented to address these shortcomings, and a proposal is made to create an offence of fatigued driving.

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