Regulating Workplace Safety

Systems and Sanctions

Inbunden, Engelska, 1999

Av Neil Gunningham, Richard Johnstone, Canberra) Gunningham, Neil (Professor of Law and Director of the, Professor of Law and Director of the, Australian Centre for Environmental Law at The Australian National University, in the Faculty of Law at the University of Melbourne) Johnstone, Richard (Associate Professor at the Centre for Employment and Labour Relations Law, Associate Professor at the Centre for Employment and Labour Relations Law, Neil Cunningham

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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 organisations in order to make them more responsive to occupational health and safety concerns? In this context, it is argued that Occupational Health and Safety management systems have the potential to stimulate models of self-organisation within firms in such a way as to make them self-reflective and to encourage informal self-critical reflection about their occupational health and safety performance. This book 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. The book concludes with a discussion of the use of criminal and administrative sanctions to provide organisations with incentives to adopt effective Occupational Health and Safety management systems. The book proposes a wider range of criminal sanctions and sentencing guidelines to ensure employers receive sentencing discounts where they have introduced effective management systems.

Produktinformation

Utgivningsdatum1999-07-22
Mått146 x 224 x 27 mm
Vikt626 g
FormatInbunden
SpråkEngelska
SerieOxford Socio-Legal Studies
Antal sidor446
FörlagClarendon Press
ISBN9780198268246

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Neil Gunningham is Professor of Law and Director of the Australian Centre for Environmental Law at The 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, in the Faculty of Law at the University of Melbourne. In 1992 and 1996 he was a visiting scholar at the Centre for Socio-Legal Studies at Oxford University. He is a Barrister and Solicitor of the Supreme Court of Victoria.

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