Regulating Workplace Safety: System and Sanctions

Overview

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 and the adoption of a safety management system-based approach on the other.

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Overview

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 and the adoption of a safety management system-based approach on the other.

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Product Details

Meet the Author

Neil Gunningham is Director of the Australian Centre for Environmental Law, Australian National University, Canberra. In 1997 he was Visiting and Senior Fulbright Scholar at the Centre for the Study of Law and Society, University of California, Berkeley. He was previously a Research Fellow at the American Bar Foundation, Chicago.

Richard Johnstone is Associate Professor at the Centre for Employment and Labour Relations Law, University of Melbourne. In 1992 and 1996 he was a visiting scholar at the Centre for Socio-Legal Studies at Oxford University.

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Table of Contents

Table of Abbreviations
Table of Statutes and Conventions
Table of Cases
Ch. 1 Introduction 1
Ch. 2 From Compliance to Best Practice in OHS: The Roles of Specification, Performance, and Systems-Based Standards 22
Ch. 3 Towards a Systems-Based Approach: Voluntarism, Legislation, or Incentives? 68
Ch. 4 Two Paths to Enlightenment: A Two-Track Approach to Regulation 104
Ch. 5 From Adversarialism to Partnership: Track Two Regulation 141
Ch. 6 The Top of the Enforcement Pyramid: Rethinking the Place of Criminal Sanctions in OHS Regulation 183
Ch. 7 Bigger Sticks: Tougher and more Flexible Sanctions for OHS Offenders 255
Ch. 8 Conclusion: Recommendations for Reform 308
App The Legal, Institutional, and Industrial Relations Environment Governing OHS in the USA, the UK, Sweden, Denmark, and Australia 341
Selected Bibliography 393
Index 419
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