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

Law Commons

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

2014

Selected Works

Eric M. Tucker

Industrial safety--Law and legislation

Articles 1 - 12 of 12

Full-Text Articles in Law

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.