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In: Labour research, Band 85, Heft 6, S. 22
ISSN: 0023-7000
The primary bodies of law which regulate the paid work of women are labour law and occupational health and safety law (OHS law). Other areas of law such as anti-discrimination law or company law certainly impact on women but women's experience of paid work is most affected by labour and OHS law. Despite the importance of these areas of law for women, labour law and OHS law curricula have remained gender-biased and women have been largely invisible within mainstream teaching (and research). They have been confined to what are effectively the "women's pages" of the curriculum, that is issues such as equal pay, affirmative action and protective legislation. Labour law curricula have been dominated by technical questions of constitutional interpretation, by traditional analyses of the contract of employment and by statutory analysis emphasising the legal issues relevant to the control of trade unions and industrial action. They have been constructed according to traditional views of legal scholarship and have consequently emphasised the complexities of the legal issues arising from court decisions and statutory provisions. In this short paper it will be argued that the sine qua non for a gender inclusive curriculum is the rejection of traditional legal scholarship and a focus on the legal issues which are of concern to working women.
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Injury offers the first sustained anthropological analysis and critique of American injury law. The book approaches injury law as a symptom of a larger American injury culture, rather than as a tool of social justice or as a form of regulation. In doing so, it offers a new understanding of the problematic role that law plays in constructing Americans' relations with the objects they consume. Through lively historical analyses of consumer products and workplace objects ranging from cigarettes to cheeseburgers and computer keyboards to airbags, Jain lucidly illustrates the real limits of the product safety laws that seek to redress consumer and worker injury. The book draws from a wide range of materials to demonstrate that American law sets out injury as an exceptional state, one that can be redressed through imperfect systems of monetary compensation. Injury demonstrates how laws are unable to accommodate the ways in which physical differences among citizens are imposed by the physical objects of culture that distribute risk differently among populations. The book moves between detailed accounts of individual legal cases; historical analyses of advertising, product design, regulation, and legal history; and a wide reading of cultural theory. Drawing on an extensive knowledge of law and social theory, this innovative book will be essential reading for anyone with an interest in design, consumption, and the politics of injury
In: Journal of Law and Society, Band 42, Heft 2, S. 202-229
SSRN
This paper explores occupational safety and health regulation in Great Britain following the UK's exit from the European Union. In particular, the paper focuses on the credibility of regulatory enforcement. The prospects raised by the UK's exit from the European Union have long been part of a free-market fantasy—even obsession—of right-wing politicians and their ideologues. As the UK's relationship with the EU is recalibrated, this will present right-wing opportunists with a new rationale for undermining health and safety law and enforcement. The paper uses empirical evidence of Great Britain's record in health and safety law enforcement to evidence a drift towards an extreme form of self-regulation. It deepens this evidence with a detailed analysis of key international policy debates, arguing that Brexit now raises an imminent threat of the UK entering a 'race to the bottom'. The paper concludes that the 2021 EU/UK Trade and Co-operation Agreement may enable the UK to evade its formal health and safety responsibilities under the treaty because of the lack of the prospect of significant retaliatory 'rebalancing' measures. Should minimal health and safety requirements cease to apply in the post-EU era, then the UK Government will be free to pursue a system of self-regulation that will allow health and safety standards to fall even further behind those of other developed economies.
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This paper explores occupational safety and health regulation in Great Britain following the UK's exit from the European Union. In particular, the paper focuses on the credibility of regulatory enforcement. The prospects raised by the UK's exit from the European Union have long been part of a free-market fantasy—even obsession—of right-wing politicians and their ideologues. As the UK's relationship with the EU is recalibrated, this will present right-wing opportunists with a new rationale for undermining health and safety law and enforcement. The paper uses empirical evidence of Great Britain's record in health and safety law enforcement to evidence a drift towards an extreme form of self-regulation. It deepens this evidence with a detailed analysis of key international policy debates, arguing that Brexit now raises an imminent threat of the UK entering a 'race to the bottom'. The paper concludes that the 2021 EU/UK Trade and Co-operation Agreement may enable the UK to evade its formal health and safety responsibilities under the treaty because of the lack of the prospect of significant retaliatory 'rebalancing' measures. Should minimal health and safety requirements cease to apply in the post-EU era, then the UK Government will be free to pursue a system of self-regulation that will allow health and safety standards to fall even further behind those of other developed economies.
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In: Regulation & governance, Band 7, Heft 1
ISSN: 1748-5991
This paper considers the context for the development of the concept of responsive regulation, namely the transcending of the deregulation debate. It argues that claims regarding responsive regulation when allied to risk-based rationales for enforcement can, in fact, allow a "deregulatory" momentum to develop. This argument is grounded with reference to a case study of the regulation of workplace health and safety in the UK, with a particular focus upon the period 2000-2010. The paper casts doubt on the relevance and robustness of the concept of responsive regulation. In a context that might have been fertile ground for developing genuinely responsive regulatory policy, empirically we find the development of policies that are better described as "regulatory degradation." Thus we argue in this paper that, whatever the intentions of its proponents, there is a logical affinity between responsive regulation, and effective de-regulation, and that it is this affinity that has provided a convenient political rationale for the emergence of a neo-liberal regulatory settlement in the UK. Adapted from the source document.
In: Political and legal anthropology review: PoLAR, Band 31, Heft 1, S. 154-157
ISSN: 1555-2934
In: American anthropologist: AA, Band 110, Heft 3, S. 390-391
ISSN: 1548-1433
In: Occupational Safety & Health Guide Series
Cover -- Half Title -- Title Page -- Copyright Page -- Contents -- Foreword -- Preface -- Acknowledgements -- Overview -- Authors -- Chapter 1 Constitution of the United States and Constitutional Law -- Chapter 2 Federal Court System -- Chapter 3 The Court Process and Procedures -- Chapter 4 State Courts -- Chapter 5 Criminal Law -- Chapter 6 Civil Liability -- Chapter 7 Case Law -- Chapter 8 Administrative Law -- Chapter 9 Occupational Safety and Health Act -- Chapter 10 OSHA Standards and Enforcement -- Chapter 11 Occupational Safety and Health Review Commission (OSHRC) -- Chapter 12 OSHA Defenses -- Chapter 13 Evidence and OSHA's Variances -- Chapter 14 Workers' Compensation -- Chapter 15 Americans with Disabilities Act -- Appendix A: Occupational Safety And Health Act Of 1970 -- Appendix B: Selected State Laws -- Index.
In: http://stacks.cdc.gov/view/cdc/11662/
"The NORA National Public Safety Sector Agenda is a strategic framework to ensure progress and track accomplishments through 2016 on priority occupational safety and health issues. The agenda includes sets of goals for four public safety industries, including law enforcement. Law Enforcement Strategic Goals: 1) Evaluate existing information sources that may be enhanced or expanded to conduct occupational safety and health surveillance; 2) Reduce traumatic injuries and fatalities from vehicle collisions by 15%; 3) Reduce injury and death from criminal assaults by 10%; 4) Reduce cardiovascular disease disabilities and fatalities by 15%. This fact sheet provides a synopsis of the Law Enforcement goals established by the NORA Public Safety Sector Council." - NIOSHTIC-2 ; "January 2011" - http://www.cdc.gov/niosh/docs/2011-134/ ; At head of title: "Public Safety Sector: Occupational Safety and Health Priorities for the Second Decade of NORA." ; "The National Occupational Research Agenda (NORA) is a partnership program to stimulate innovative research and improve workplace practices. Unveiled in 1996, NORA has become a framework for guiding occupational safety and health research in the nation. Diverse stakeholders collaborate to identify the most critical issues in the workplace, and work together to develop goals, objectives, and an implementation plan for addressing these issues. Law enforcement agencies, professional associations, labor unions, research organizations, and government agencies are encouraged to build partnerships to help reduce the risk of occupational injury and illness among law enforcement personnel." ; Also available via the World Wide Web as an Acrobat .pdf file (702 KB, 2 p.).
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