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Regulating Workplace Safety: Systems and Sanctions by NEIL GUNNINGHAM and RICHARD JOHNSTONE [Oxford: Oxford University Press, 1999, xxi, 423 pp. Hardback £50 ISBN 0 19 826824 6] This year marks the twenty-fifth anniversary of the passing of the Health and Safety at Work Act 1974. Perhaps inevitably, this anniversary has prompted renewed debate concerning both the impact and adequacy of the legal framework created by the Act. The publication of the volume under review, which provides an impressive and scholarly analysis of current approaches to the regulation of occupational health and safety and how they might be improved, is therefore timely. In essence the authors focus attention on two broad and interrelated themes. First, the question of what sort of legal standards should be imposed on employers. Secondly, the issue of how compliance with these standards can best be engendered. On the first of these issues three different types of legal standards are initially distinguished: prescriptive or specification requirements that tell duty holders what to do; outcome or performance duties that detail the standards of protection to be achieved; and process ones that specify the procedures that need to be put in place to manage health and safety.
Industrial Law Journal – Oxford University Press
Published: Mar 1, 2000
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