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The Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) are the two agencies responsible for health and safety in Great Britain. They are to be merged and moved to a single headquarters in Bootle, Merseyside. The merger is a sensible proposal but the move could lead to a huge loss of experienced HSE staff who are unwilling to relocate. The original legislative framework governing workplace health and safety is proportionate but employers can be over-cautious in their interpretation of its provisions, increasing the compliance burden on themselves. Over-zealous health and safety "consultants" contribute to this problem and the report calls for a system of accreditation of consultants and advisers. HSE aims to meet a 60:40 ratio of proactive and reactive work, yet businesses are only likely to have an HSE inspection just once every 14.5 years and accident investigations are being scaled back. Current levels of fines for health and safety offences are too low and do not provide a sufficient deterrent to ensure duty holders comply with their obligations. The increase in the number of fatalities in the construction industry; the offshore oil industry's failure to meet its major hazard sub targets, and health and safety risks to migrant workers are key areas of concern for HSE. HSE is struggling to cope with its occupational health remit. It admits to basing its occupational health policy on an incomplete data source and is failing to meet its occupational ill health targets. HSE needs to concentrate on its core remit and measures to extend its responsibilities into other areas places an excessive strain on its resources and risks diverting its focus.
Every year in the UK, hundreds of workers are killed just doing their jobs, thousands more die of illnesses caused by their work and tens of thousands suffer major injuries such as amputations, loss of sight, serious burns, and so on. Worldwide, two million people are killed by work each year. Yet with the exception of high profile cases such as the gas leak at Bhopal, India, which killed tens of thousands, this crime wave fails to attract the interest of the politicians, the media or - least forgiveably of all - the knowledge industry of criminology. This book is concerned with crimes against worker and public safety, providing an account and analysis of this increasingly important field, and setting this within the broader context of corporate and white-collar crime. It uses case studies and original analyses of official data to illustrate key points and themes, drawing upon both well known and high profile instances of safety crimes as well the mass of ubiquitous 'mundane' or 'routine' deaths and injuries. Thus the book examines how much safety crime is there, how are such offences rendered invisible, and how can their extent be unearthed accurately? Throughout the book the authors analyse the social, legal and political processes that ensure that safety crimes remain subject to under-enforcement and under-criminalisation. This analysis identifies key moments in the historical development of criminal law and regulation, and assesses the prospects for criminalising safety crimes in the context of contemporary neo-liberal regulatory policies. The theoretical and political justifications for dominant approaches to the regulation and sanctioning of safety criminals are subject to critique in order to develop alternative, more effective, means of criminalisation and punishment. The book concludes with an original analysis of safety crimes that allows us to understand the complexities of the conditions of their production, and develop a more realistic appraisal of the prospects for their amelioration.
This book gives new insights into employment law by analysing a neglected topic: remedies for breaches of employment rights. It explores remedies in the wider context of compliance with, and enforcement of, employment law through criminal law and other regulatory techniques. The book argues that some of the remedies set out in statute or at common law for working people are a poor 'fit' for the employment rights they are supposed to protect. Employment rights are often undervalued in the legal system, because remedies for their infringement are subject to limitations not applicable to rights in other settings. This limits their ability both to uphold the dignity of working people and to deter breaches. Moreover, the remedies on offer do not always suggest a sensible ranking of employment rights in which fundamental rights attract stronger remedies than other kinds of rights and interests. The book suggests why some of these problems might have arisen and makes proposals for reform. It also considers the wider implications for a system of employment law that depends so heavily for its enforcement on working people litigating to enforce their rights. Ranging widely across theory and doctrine, and analysing criminal law, contract and tort as well as statutory employment law, this book will be of interest to academics and researchers seeking a deeper understanding of the subject.
First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
This book analyses the attrition of cases by studying decisions made about their creation, handling, disposal, and prosecution."--BOOK JACKET
Some vols. include supplemental journals of "such proceedings of the sessions, as, during the time they were depending, were ordered to be kept secret, and respecting which the injunction of secrecy was afterwards taken off by the order of the House."
This book is based on the proceedings of the Ergonomics Society's 1992 Annual Conference Birmingham, England, 7-10 April 1992. It contains papers, covering environmental studies, musculoskeletal studies, working postures and anthropometry, safety, and military ergonomics.
The use of regulation to control behavior is a defining feature of modern government, penetrating a wide range of social and economic life. This book offers a detailed study of how regulation works in practice, its legal framework, and the arguments surrounding its economic and social impact.