Occupational health and safety law consists of a mixture of corporate and individual responsibility. There are good reasons for this. Offences are often truly corporate in nature, in the sense that it is easy to see how the company as a whole has failed, while at the same time it is often difficult, if not impossible, to sheet home the failure to a single individual. In these circumstances it makes sense to prosecute the corporate entity. On the other hand, corporations act through human agents and there is a strong argument that identifying these agents and holding them responsible is one of the most effective ways to ensure corporate compliance. Hence OHS law often contemplates holding responsible those people who take part in the management of the corporation. Obviously the higher in the corporate hierarchy these managers are, the better. CEOs and company directors are the people with the greatest capacity to influence corporate behaviour and hence holding these people responsible for corporate failures provides the greatest potential leverage.
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