Regulating Health and Safety in Capitalist Workplaces

Regulating Health and Safety in Capitalist Workplaces: History, Practices and Prospects

Page 1

• Author: Eric Tucker, Emeritus Professor, Osgoode Hall Law School, York University
• Publication: 2023
• Key Resource: Osgoode Digital Commons
• Estimates by WHO/ILO (2016):
  • Global Burden: 1.88 million deaths
  • Disability-Adjusted Life Years (DALY): 89.72 million years lost
• Importance of focusing on individual stories behind these statistics as highlighted by Nate Holdren.

Page 2

• The discussion centers around the impact of occupational injuries and illnesses on various demographics, noting variations based on geography, occupation, class, gender, and race.
• Key facts from WHO/ILO data:
  • Higher death rates in South-East Asia and Western Pacific compared to the Americas and Europe.
• Two greatest risk factors:
  • Long working hours
  • Exposure to hazardous substances.

Page 3

• The regulatory approaches to occupational health and safety (OHS) are shaped by capitalism's impact:
  • Capital accumulation results in unequal distribution of occupational risks.
• Historical development of OHS regulatory systems in advanced capitalist countries is discussed, framed around the struggles of workers for safer work conditions.

Page 4

• Three Waves of OHS Regulation:
  • First Wave: Market Regulation
  • Originated from court rulings on worker compensation claims.
  • Assumed risk by workers under contract of employment.
  • Second Wave: Worker Mobilizations (mid-19th century)
  • Focused on child and female labor exploitation.
  • Enactment of protective OHS laws leading to reductions in exploitation.

Page 5

• Effective laws required proper enforcement; inspectors often accepted employer compliance without scrutiny.
• Workers' Compensation Laws emerged to ease access to compensation for work-related injuries.
  • Often adopted a no-fault compensation model acknowledging safety can't eliminate all injuries.
• Resulted in Safety-First Movement focused on disciplining workers rather than addressing hazardous conditions.

Page 6

• Third Wave: Emergence of more robust OHS systems in the 1960s driven by:
  • Rising injury rates
  • Growing awareness of occupational diseases.
• Strategies involved:
  • Omnibus laws
  • Internal Responsibility System (IRS)
  • Worker rights in health and safety contexts.
• Influence of Robens Report (1972) emphasizing self-regulation.

Page 7

• Introduction of an Internal Responsibility System (IRS) required employer accountability for safety management.
• EU Framework Directive (1989) established employer duties to protect worker safety.
• Differences in implementation reflect variations in welfare states and industrial relations systems.

Page 8

• Assessment of Third Wave Regulation focuses on:
  • Efficacy of worker participation and inspection/enforcement.
• Worker rights regarding safety are institutionalized variably based on geography.
• Challenges include declining union representation and precarious employment leading to poorer health outcomes.

Page 9

• Concerns about worker representation erosion due to declining trade union numbers.
  • Effects on Health and Safety Representatives (HSRs) leads to diminished health and safety advocacy.
• Individual right to refuse unsafe work hinges on knowledge and support available to workers.

Page 10

• Challenges in current IRS include:
  • Smaller workplaces lack health and safety resources.
  • Need for regulatory changes to adapt to modern work structures.
• Studies indicate deterrence gap in enforcement practices needing deeper scrutiny.

Page 11

• Literature critiques OHS enforcement practices highlighting resource limitations and insufficient deterrence measures.
• Past tragedies prompt regulatory reform efforts, but successful prosecutions remain rare.

Page 12

• Future Challenges for OHS regulation include:
  • Amended ILO Declaration recognizing health and safety as fundamental rights (2022).
  • New workplace hazards, such as stress and overwork, demand appropriate regulation and advisory interventions.

Page 13

• Long-standing conflicts between safety and profit prioritize profit over worker health and safety.
• The need for strong regulatory frameworks to address these conflicts remains crucial for improving workplace safety.