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gunningham neil; johnstone richard - regulating workplace safety

Regulating Workplace Safety Systems and Sanctions

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Dettagli

Genere:Libro
Lingua: Inglese
Pubblicazione: 07/1999





Trama

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.




Note Editore

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.




Sommario

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




Autore

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.










Altre Informazioni

ISBN:

9780198268246

Condizione: Nuovo
Collana: Oxford Socio-Legal Studies
Dimensioni: 224 x 27.0 x 146 mm Ø 626 gr
Formato: Copertina rigida
Pagine Arabe: 446


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