澳大利亚《工作健康安全示范法》介绍及启示

Introduction of Australia Model Work Health and Safety Act and Its Inspiration to China

澳大利亚以制定《工作健康与安全示范法》的形式,解决各司法区职业安全卫生立法不统一的弊端。该示范法在立法理念、立法目的、适用范围、工人参与权、经营者的义务、法律责任设定等方面均较为先进,对我国具有学习借鉴的意义。建议我国的职业安全卫生立法适当吸收自律的理念、凸显以人为本的目的、扩大法律的适用范围、落实工人的参与权利、明确各类主体的安全义务、完善法律责任体系。

Through enacting the Model Occupational Health and Safety Act, Australia tries to solve the problem that occupational safety and health legislation is not unified in various regions. The act is relatively advanced in legislative idea, legislative purpose, scope of application, the right of workers＇ participation, the duty of the employers, and legal responsibility, which can be an example of the legislation of Workplace Safety Law in China. This article suggests that China absorb self-regulation concept moderately, highlight the purpose of people-orientation, expand the applicable scope of Workplace Safety Law, implement the workers＇ participation rights, clarify the security obligation of all parties, and perfect legal responsibility system.