Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Eric M. Tucker

Industrial safety--Law and legislation

Articles 1 - 22 of 22

Full-Text Articles in Law

Layers Of Vulnerability In Occupational Health And Safety For Migrant Workers: Case Studies From Canada And The Uk, Eric Tucker, Malcolm Sargeant Feb 2015

Layers Of Vulnerability In Occupational Health And Safety For Migrant Workers: Case Studies From Canada And The Uk, Eric Tucker, Malcolm Sargeant

Eric M. Tucker

No abstract provided.


Remapping Worker Citizenship In Contemporary Occupational Health And Safety Regimes, Eric Tucker Feb 2015

Remapping Worker Citizenship In Contemporary Occupational Health And Safety Regimes, Eric Tucker

Eric M. Tucker

The article draws on the rapidly growing field of citizenship studies to map and explore the dynamics of contemporary occupational health and safety (OHS) regulation. Using two key dimensions of OHS regulation (protection and participation), the author constructs four ideal types of worker citizenship (market, public, private industrial, and public industrial citizens). Historically, workers have been written into OHS regulatory regimes in each of these ways. Most recently lawmakers have created a new species of OHS regimes, best described as mandated partial self-regulation. Its distinguishing characteristic is its flexibility, such that worker citizenship can take on any of the forms …


The Westray Mine Disaster And Its Aftermath: The Politics Of Causation, Eric Tucker Feb 2015

The Westray Mine Disaster And Its Aftermath: The Politics Of Causation, Eric Tucker

Eric M. Tucker

Causation analysis is densely political in at least three ways. First, because causation is crucial to our system of attributing moral, legal, and political responsibility, causation arguments are advanced for purely instrumental purposes. They do political work. Second, because any particular occurrence is the outcome of an almost infinite number of antecedent events, “but for” causation analysis produces trivial results. A judgment about causal significance is required and will depend, in part, on the goals of the analysis. The choice of goals is political, but unstated goals and hidden assumptions often exclude consideration of some possible causes as significant. Theses …


Worker Health And Safety Struggles: Democratic Possibilities And Constraints, Eric Tucker Feb 2015

Worker Health And Safety Struggles: Democratic Possibilities And Constraints, Eric Tucker

Eric M. Tucker

The central point of this article, written in 1995, was that health and safety struggles can be at the vanguard of challenges to a legal social order that tolerates poor labour standards and high levels of worker exploitation. Workers who fear their work is making them sick or subjecting them to high levels of injury and disablement know first-hand that the values of democracy, autonomy, equality and community are denied and not realized by current arrangements. By drawing on that experience and explicitly linking health and safety demands to an alternative vision of social justice, one in which workers enjoy …


Death By Consensus: The Westray Story, Eric Tucker, Harry Glasbeek Feb 2015

Death By Consensus: The Westray Story, Eric Tucker, Harry Glasbeek

Eric M. Tucker

The paper will proceed as follows. It tells the Westray story in two parts, first, the decision to set up the mine and, second, the operation of the mine. These events illuminate the salience of the broader political economic context to an understanding of what happened. Further, the story gives the lie to the assumptions which underpin health and safety regulation. Next, the paper details the implications of the political economy and the prevailing ideology for the enforcement of health and safety regulation. The paper then critically examines a component of, or prop for, the consensus theory which postulates that …


Making The Workplace 'Safe' In Capitalism: The Enforcement Of Factory Legislation In Nineteenth Century Ontario, Eric Tucker Feb 2015

Making The Workplace 'Safe' In Capitalism: The Enforcement Of Factory Legislation In Nineteenth Century Ontario, Eric Tucker

Eric M. Tucker

The development of industrial capitalism in the second half of the nineteenth century in Ontario brought new and more serious hazards into the workplace and drew women and children into the waged labour force. As a result of working class lobbying and the efforts of middle class reformers, the state empowered itself to regulate health and safety conditions in factories and to protect child and female labour. The implementation of these regulations was left to an inspectorate which was armed with substantial legal powers to enforce the law. These powers were rarely invoked by the inspectors. However, the failure to …


Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker Feb 2015

Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker

Eric M. Tucker

Despite the comprehensiveness of neo-liberal restructuring in Canada, it has not proceeded uniformly in its timing or outcomes across regulatory fields and political jurisdictions. The example of occupational health and safety (OHS) regulation is instructive. This article compares recent OHS developments in five Canadian jurisdictions, Alberta, British Columbia, Nova Scotia, Ontario and the Federal jurisdiction. It finds that despite the adoption of a common model by all jurisdictions, there has recently been considerable divergence in the way that the elements of worker participation and protection have been combined. Modified power resource theory is used to explain a portion of this …


The Road From Westray: A Predictable Path To Disaster?, Eric Tucker Feb 2015

The Road From Westray: A Predictable Path To Disaster?, Eric Tucker

Eric M. Tucker

No abstract provided.


Worker Participation In Health And Safety Regulation: Lessons From Sweden, Eric Tucker Feb 2015

Worker Participation In Health And Safety Regulation: Lessons From Sweden, Eric Tucker

Eric M. Tucker

The toll capitalist production takes on the lives and health of workers has been, and continues to be one of its least acceptable features. For this reason, the labour movement and political parties seeking labour's support have often made reform of occupational health and safety regulation a major objective. In recent years, for example, the New Democratic Party in Ontario has vociferously criticized the failures of the governments of the day to protect adequately the workers in the province. Their recent electoral success provides a great opportunity to improve the work environment and to strengthen the ability of the labour …


The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker Feb 2015

The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker

Eric M. Tucker

The author reviews the historical development of the decision-making frameworks within which courts and the Legislature have made choices regarding the allocation of risks to health and safety in the workplace. Arguing that this development has been conditioned by the necessity of satisfying in a capitalist democracy conflicting demands to facilitate capital accumulation and to justify to the electorate the manner in which choices regarding the structure of the processes of production have been made, the author contends that recent pressure to adopt cost-benefit analysis to satisfy the demands of legitimation and accumulation, and challenges its adequacy as a normative …


Old Lessons For New Governance: Safety Or Profit And The New Conventional Wisdom, Eric Tucker Jul 2014

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 …


All That Is Solid Melts Into Air: Worker Participation In Health And Safety Regulation In Ontario, 1970-2000, Eric Tucker, Robert Storey Jul 2014

All That Is Solid Melts Into Air: Worker Participation In Health And Safety Regulation In Ontario, 1970-2000, Eric Tucker, Robert Storey

Eric M. Tucker

No abstract provided.


Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker Jul 2014

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 …


Working Disasters: The Politics Of Recognition And Response, Eric Tucker Jul 2014

Working Disasters: The Politics Of Recognition And Response, Eric Tucker

Eric M. Tucker

Every day, workers are injured, made ill, or killed on the job. Most often, workers experience these harms individually and in isolation. Particular occurrences rarely attract much public attention beyond, perhaps, a small paragraph in the local newspaper. Instead, these events are normalized. This membrane of normalcy, however, is ruptured from time to time, especially after a disaster. This edited collection draws together original case studies written by leading researchers in Australia, Canada, Great Britain, Sweden, and the United States that examine the politics of working disasters. The essays address two fundamental questions: what gets recognized as a work disaster? …


Giving Voice To The Precariously Employed? Mapping And Exploring Channels Of Worker Voice In Occupational Health And Safety Regulation, Eric Tucker Jul 2014

Giving Voice To The Precariously Employed? Mapping And Exploring Channels Of Worker Voice In Occupational Health And Safety Regulation, Eric Tucker

Eric M. Tucker

In most contemporary occupational health and safety (OHS) regimes, great emphasis is placed on amplifying worker voice in regulation through worker health and safety representation in the employers’ OHS management system. Historically, these regimes were designed on the assumption that the workers who would use these mechanisms were full-time workers having secure jobs with their current employers. This is manifestly no longer true, posing a serious challenge to the efficacy of these regimes. After setting out the historical context of worker voice in OHS regulation, this paper begins by mapping out eight channels of worker voice based on the combination …


And Defeat Goes On: An Assessment Of The Third Wave Of Health And Safety Regulation, Eric Tucker Jul 2014

And Defeat Goes On: An Assessment Of The Third Wave Of Health And Safety Regulation, Eric Tucker

Eric M. Tucker

No abstract provided.


The Persistence Of Market Regulation Of Occupational Health And Safety: The Stillbirth Of Voluntarism, Eric Tucker Jul 2014

The Persistence Of Market Regulation Of Occupational Health And Safety: The Stillbirth Of Voluntarism, Eric Tucker

Eric M. Tucker

No abstract provided.


Introduction: The Politics Of Recognition And Response, Eric M. Tucker Jul 2014

Introduction: The Politics Of Recognition And Response, Eric M. Tucker

Eric M. Tucker

No abstract provided.


Administering Danger In The Workplace: The Law And Politics Of Occupational Health And Safety Regulation In Ontario, 1850-1914, Eric Tucker Jul 2014

Administering Danger In The Workplace: The Law And Politics Of Occupational Health And Safety Regulation In Ontario, 1850-1914, Eric Tucker

Eric M. Tucker

No abstract provided.


Layers Of Vulnerability In Occupational Health And Saftey For Migrant Workers: Case Studies From Canada And The United Kingdom, Malcolm Sargeant, Eric Tucker Jul 2014

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.


Accountability And Reform In The Aftermath Of The Westray Mine Explosion, Eric M. Tucker Jul 2014

Accountability And Reform In The Aftermath Of The Westray Mine Explosion, Eric M. Tucker

Eric M. Tucker

No abstract provided.


Occupational Health And Safety Management Systems In The United Kingdom And Ontario, Canada: A Political Economy Perspective, Eric Tucker, Theo Nichols Jul 2014

Occupational Health And Safety Management Systems In The United Kingdom And Ontario, Canada: A Political Economy Perspective, Eric Tucker, Theo Nichols

Eric M. Tucker

No abstract provided.