Regulating Danger

From the 1880s to the 1980s more than eight thousand workers died in the coal mines of the Rocky Mountain states. Sometimes they died by the dozens in fiery explosions, but more often they died alone, crushed by collapsing roofs or runaway mine cars. Many old-timers in coal-mining communities and even some historians haveøblamed the high fatality rate on ruthless coal barons exploiting miners in the single-minded pursuit of profit. The coal industry preferred to blame careless miners. James Whiteside looks beyond those charges in seeking to explain why the western coal mines were (and, to some degree, still are) dangerous and why territorial, state, and federal laws failed for so long to make them safer. Regulating Danger is the first extended study of the coal-mining industry in Colorado, New Mexico, Utah, Wyoming, and Montana. It exceeds the scope of traditional labor history in focusing on working conditions and the problems of workers instead of unions and strikes. After examining the inherent physical dangers of the work, Whiteside shows how the interplay of economic, social, and technological forces created an envi-ronment of death in the western coal mines. He goes on to discuss evolving industrial and political attitudes toward issues of responsibility for mine safety and government regulation and the fundamental changes in the industry that brought about safer working conditions.

When governments impose stringent regulations that impede domestic competition and international trade, should we conclude that this is a deliberate attempt to protect industry or an honest effort to protect the population? Regulating Risk offers a third possibility: that these regulations reflect producers' ability to exploit private information. Combining extensive data and qualitative evidence from the pesticide, pharmaceutical, and chemical sectors, the book demonstrates how companies have exploited product safety information to win stricter standards on less profitable products for which they offer a more profitable alternative. Companies have additionally supported regulatory institutions that, while intended to protect the public, also help companies use information to eliminate less profitable products more systematically, creating barriers to commerce that disproportionally disadvantage developing countries. These dynamics play out not only domestically but also internationally, under organizations charged with providing objective regulatory recommendations. The result has been the global legitimization of biased regulatory rules.

This volume sets out, for nine significant legal systems, an overarching conception of risk in legal theory, particularly of the linked role of risk-taking in generating liability and in liability regulating risk. It is the first book-length comparative attempt to explain what risk-based reasoning adds to private law, with a core focus on the law of tort. Taking tort law as the core case study, the book analyzes national variation in risk understanding, liability, culture and regulation and, from that, develops a legal framework for understanding and responding to risk. The volume draws on more than 25 leading scholars of private law and risk from around the world to develop a coherent and systematic study of risk. The legal systems included span the common law and civil law, large and small, codified and uncodified, as well as those with wider and narrower strict liability rules and causation rules: England and Wales, France, Sweden, Italy, Spain, the Netherlands, Chile, South Africa and Brazil. The book is in two parts. Part I will look at an overview of the whole field, with a particular view on tort law as common focus; Part II will look to a specific and a national response to a narrow aspect of risk and analyze it in more detail. Part II has chapters that range in topic from medical liability (France) to mining (Chile), and from political theory and the welfare state (Sweden), to the constitutionalisation of risk protections (South Africa). This volume is the first multi-handed work on risk to explore what risk-reasoning adds to private law and how best it can be deployed, resisted or simply understood. Subject: Private Law, Legal Theory, Tort Law]

Commentary on labour legislation concerning occupational safety and occupational health in the USA - reviews the work of the Occupational Safety and Health Administration in standard setting; examines the value of human life in terms of hazard elimination costs; argues thet disclosure of information, more effective than labour policy in improving employees attitude and trade union attitude towards arduous working conditions. References, statistical tables.

A growing body of EU law and regulation is preoccupied with the protection of EU citizens from health and environmental risks. Which chemicals are safe and should be allowed on the market? How should the EU respond to public health emergencies, such as Ebola and other infectious diseases? Regulatory responses to these questions confront deep uncertainty, limited knowledge and societal contestation. In a time where the use of scientific expertise in EU policy-making is particularly contested, this book offers a timely contribution to both the academic and policy debate on the role of specialised expertise in EU public decision-making on risk and technology as well as on its intertwinement with executive power. It draws on insights from law, governance, political sciences, and science and technology studies, bringing together leading scholars in this field. Contributions are drawn together by a shared theoretical perspective, namely by their use of co-production as an analytical lens to study the intricate interplay between techno-scientific expertise and EU executive power. By so doing, this collection produces highly original insights into the development of the EU administrative state, as well as into the role of regulatory science in its construction. This book will be useful to scholars, practitioners, and policy-makers working on risk regulation and the role of expertise in public decision-making.

This guidance will assist processors of fish and fishery products in the development of their Hazard Analysis Critical Control Point (HACCP) plans. Processors of fish and fishery products will find info. that will help them identify hazards that are associated with their products, and help them formulate control strategies. It will help consumers understand commercial seafood safety in terms of hazards and their controls. It does not specifically address safe handling practices by consumers or by retail estab., although the concepts contained in this guidance are applicable to both. This guidance will serve as a tool to be used by fed. and state regulatory officials in the evaluation of HACCP plans for fish and fishery products. Illustrations. This is a print on demand report.

'State of the art research into the state of the art of occupational health and safety management and inspection. Its authors provide a warts and all assessment of the possibilities and limits of regulating health and safety in an increasingly challenging environment. A must read for anyone concerned about improving workplace health and safety in the new world of work.' Eric Tucker, York University, Canada 'This book, long in gestation, provides a profound analysis of the challenge to labour inspection of regulating OHS through a focus on management systems. Its detailed analysis of 5 disparate countries is a treasure trove of research, providing a rich opportunity for learning across jurisdictions. It provides a masterly dissection of the increasingly complex, competitive and pared down context of globalisation and then challenges it. Recording some successes, but more shortcomings, it is food for deep reflection by inspectorates and politicians internationally.' Andrew Hale, Hastam, UK and Emeritus Professor, Delft University, The Netherlands 'Despite the complaints of neo-liberal ideologists about the "burden on business" this book argues that there is no justification for reduced regulation and regulatory surveillance of health and safety at work. Drawing on analyses of the role played by labour inspection in Australia, Sweden, Canada, France and the UK, the authors provide a timely examination of the contemporary organisational and other challenges it faces with particular reference to the inadequacy of self regulation and the rise of systematic occupational health and safety management.' Theo Nichols, Cardiff University, UK 'An impressively broad and sophisticated study of a critical aspect of OHS regulation. This is the best socio-legal analysis available of the contexts, strategies and practices involved in inspection of approaches to managing health and safety in the face of change.' Neil Gunningham, Australian National University, Canberra Regulating Workplace Risks is a study of regulatory inspection of occupational health and safety (OHS) and its management in five countries Australia, Canada (Québec), France, Sweden and the UK during a time of major change. It examines the implications of the shift from specification to process based regulation, in which attention has been increasingly directed to the means of managing OHS more systematically at a time in which a major restructuring of work has occurred in response to the globalised economy. These changes provide both the context and material for a wider discussion of the nature of regulation and regulatory inspection and their role in protecting the health, safety and well-being of workers in advanced market economies. With its comparative nature and empirical studies, this book will appeal to OHS policy makers and regulators all over the world, as well as students in the field of occupational health and safety regulation internationally.