Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Old Lessons For New Governance: Safety Or Profit And The New Conventional Wisdom, Eric Tucker
Old Lessons For New Governance: Safety Or Profit And The New Conventional Wisdom, Eric Tucker
Eric M. Tucker
New governance theory has a large following in academia and is exerting an influence in numerous spheres of regulatory policy. Yet in the area of occupational health and safety, new governance is hardly new at all. Indeed, it is fair to say that it in many ways what are now labelled new governance concepts were first articulated and applied in the 1972 Robens Report, Safety and Health at Work. This included its critique of command and control legislation and its emphasis on the need to develop better self-regulation. This paper critically examines new governance models in OHS regulation. In the …
Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker
Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker
Eric M. Tucker
While the need to locate employment and labour law in its social context is now widely recognized, there is significant disagreement over the character of that social context, how law is located in it, and the way that law both shapes and is shaped by its social location. The importance of these disputes is not just theoretical because their resolution shapes the way labour law is written and implemented. Nowhere is this truer than in one particular area of labour law, occupational health and safety (OHS) regulation. This chapter argues that from its origins in the nineteenth century, OHS regulation …
Layers Of Vulnerability In Occupational Health And Saftey For Migrant Workers: Case Studies From Canada And The United Kingdom, Malcolm Sargeant, Eric Tucker
Layers Of Vulnerability In Occupational Health And Saftey For Migrant Workers: Case Studies From Canada And The United Kingdom, Malcolm Sargeant, Eric Tucker
Eric M. Tucker
In many high-income countries, like Canada and the United Kingdom, there has recently been a significant increase in the number of migrant workers entering and participating in their labour markets. This article is concerned with the implications of this phenomenon for protective labour laws and, in particular, for occupational health and safety regulation. We identify a framework for assessing the OHS vulnerabilities of migrant workers, using a layered approach which assists in identifying the risk factors. Using this layer of vulnerability framework, we compare the situation of at-risk migrant workers in Canada and the United Kingdom.