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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。
Australia has formulated the “Model Law on Work Health and Safety” to solve the problem of the unification of occupational safety and health legislation in various judicial districts. The model law is more advanced in legislative concept, legislative purpose, scope of application, workers’ right to participation, manager’s obligation and legal responsibility setting, and has the significance of learning and reference to our country. It is suggested that our occupational safety and health legislation appropriately absorb the concept of self-discipline, emphasize people-oriented purposes, expand the scope of application of law, implement workers’ rights of participation, clarify the safety obligations of all kinds of subjects, and improve the legal responsibility system.