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Regulating Workplace Safety

Systems and Sanctions

N. Gunningham og R. Johnstone

Oxford University Press 1999, Oxford. 423 s. ISBN 0-19-826824-6

Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author's empirical research, this book addresses the question: how can law influence the internal self-regulation of organizations in order to make them more responsive to occupational health and safety concerns? It argues for a two-track system of regulation under which enterprises are offered a choice between a continuation of traditional forms of regulation on the one hand, and the adoption of a safety management system-based approach on the other. The book concludes with a discussion of the use of criminal and administrative sanctions and proposes prosecutions targeted at a broader array of duty holders, a wider range of criminal sanctions, and guidelines to assist the courts in sentencing.
Readership: Those studying areas of health and safety law, industrial law and industrial relations. It will also be of interest to regulators and policy makers, trade unions as well as those working in business.

  • Table of abbreviations
  • Introduction
  • From compliance to best practice in OHS: The roles of specification, performance and systems-based standards
  • Towards a systems-based approach: Voluntarism, legislation or incentives?
  • Two paths to enlightenment: A two-track approach to regulation
  • From adversarialism to partnership: Track two regulation
  • The top of the enforcement pyramid: rethinking the place of criminal sanctions in OHS regulation
  • Bigger sticks: Tougher and more flexible sanctions for OHS offenders
  • Conclusion
  • Appendix
  • Selected Bibliography
  • Index