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Critical Review

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The reading chosen for this critical review is Chapter 2-Regulation of health and safety management: a developmental perspective from textbook Regulating Work Risks: A comparative study of Inspection Regimes in Times of Change by Walters, D. Johnstone, R. Frick, K. Quinlan, M. Gringras, G. & Thebaud-Mony.

This chapter discusses the development and contexts of regulation and regulatory inspection of health and safety at work. It focuses on the range of issues concerning regulation of health and safety and its management and the consequences of these developments for regulatory surveillance of OHS in advanced market economies. The chapter start off by outlining the path of OHS regulation from its origins to the present, focusing on the approaches mandating its management and how the introduction of the Robens Report changed the perception towards OHS and its influence to regulations in different jurisdiction. This report was a modification of the regulatory model towards process based regulation with a focus on a unified OHS legislation, development of a more effective self-regulating system and OHS management in organizations. The chapter ends off by examining challenges in effectively delivering mandated OHS management in workplaces changes.

The approach that the authors used in writing this chapter is by examining the implications of the shift from specification to process based regulation, and recognises the fact that 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. The authors compared the influence of Robens Report in the development of OHS management in advanced market economies and provided empirical studies to express the shifts in how each jurisdiction interprets health and safety in the workplace and the impact on regulation and regulatory inspection. More focus has been placed in managing OHS risk and thus leading to the development of voluntary health and safety management system adopted by large organizations today.

The publication of the Robens Report was the principal evidence of shift from specification to processed based regulation. Examples of adoption of this model by different countries include Health and Safety Work Act 1974 in UK and the implementation of EU Framework Directive 83/391. Both the Act and Directive emphasized on self-regulation and played an important role in their respective geographical region, namely the UK and Europe, in the shifts of regulation away from the traditional approached which focused only on designated processes or activities. Further to these improvements in regulations, there was an increasing emphasis placed towards development of systems that better manage OHS risk such as the International Safety Rating System and ISO 9000 requirements. The chapter concludes that regulatory inspection on the management of OHS and voluntary management systems are not likely to be easy and straightforward as the organizational form on which these trends has been largely focussed has been essentially one of large, stable enterprises, rather than the individual organizational structure in today’s new economy.

It is evident that regulatory framework and the work environment that inspectorates need to address in terms of OHS have undergone fundamental changes and development for the past 30 years, and this chapter provides us with a concise and systematic approach in identifying the changes that have occurred around the world. The focus was specifically on advanced market economies looking at how The Robens Report changed the regulation of OHS in these economies and the impact towards changes in organisation structure which stressed the importance of managing OHS risk and development of OHS management systems. Nevertheless, inspection of compliance with the outcomes of such regulatory trajectory would not be relatively straightforward in an environment where organisational structures changes rapidly in today’s modern economy.

The two important articles used in this chapter are The Robens Report 1972 and the book Walters, D. (ed.) (2002), Regulating Health and Safety Management in the European Union, Brussels: P.E.I. Peter Lang. Robens Report is used extensively to analyse the development and changes it has brought to interpreting OHS in various jurisdiction. On the other hand, the book by Walters (ed) is significant in the chapter where it discusses the ‘Europeanization’ of process standards and how the implementation of legislations for Health and Safety Management in Europe.

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