Clothing manufacturing supply chains, contractual layers and hold harmless clauses: How OHS duties can be imposed over retailers

Harpur, Paul (2008) Clothing manufacturing supply chains, contractual layers and hold harmless clauses: How OHS duties can be imposed over retailers. Australian Journal of Labour Law, 21 3: 316-339.

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Author Harpur, Paul
Title Clothing manufacturing supply chains, contractual layers and hold harmless clauses: How OHS duties can be imposed over retailers
Journal name Australian Journal of Labour Law
ISSN 1030-7222
Publication date 2008
Sub-type Article (original research)
Volume 21
Issue 3
Start page 316
End page 339
Total pages 24
Editor Colin Fenwick
Joellen Riley
Anthony Forsyth
Place of publication Chatswood, N.S.W., Australia
Publisher LexisNexis Butterworths
Collection year 2009
Language eng
Abstract To increase efficiencies, clothing retailers often outsource the manufacturing of products to traders. Traders pass on these time and cost pressures to outworkers who reportedly work in poor and unsafe working conditions. This article analyses whether existing occupational health and safety laws require retailers to take steps to manage outworkers’ labour conditions. First, the article considers how deemed employment laws which require traders to manage outworkers’ workplace safety may be able to be extended up supply chains to impose duties over retailers. Secondly, the article examines how employers’ OHS duties for non-employees may create OHS duties for retailers to ensure outworkers’ safety. It appears that imposing OHS duties across several corporate relationships and across geographical locations may diminish the capacity of retailers to manage outworkers. Thirdly, the article demonstrates how OHS duties only require parties to take all reasonably practicable steps to ensure safety. Finally, the article analyses the capacity of retailers to utilise hold harmless clauses to avoid OHS duties.
Keyword Clothing manufacturing
OHS supply chains
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: ERA 2012 Admin Only
TC Beirne School of Law Publications
 
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Created: Fri, 21 Oct 2011, 16:33:34 EST by Carmen Buttery on behalf of T.C. Beirne School of Law