This book examines the enforcement of occupational health and safety (OHS) regulation from the perspective of law and economics. It starts with an extensive survey of the economic literature on regulation and enforcement and subsequently provides an overview of the international legal framework for OHS enforcement.
In particular it discusses the ILO and EU law provisions which are relevant for enforcement at the national level. The book continues with an empirical investigation of regulatory enforcement at the national level and takes a careful look at the work of OHS inspectorates in England and Wales and in Germany. In a quest for cost-effective enforcement techniques, the book discusses issues surrounding proactive and reactive inspection, post-detection discretion and sanctions.
Although the book primarily concerns the field of OHS, it will be of interest for all academics and practitioners interested in regulation and enforcement.
About this book
‘[Tilindyté’s] study sheds valuable light on the continuous struggle to balance lenience and strictness in health and safety law.’
Peter Andersson in EJSS (2014) 92
INTRODUCTION (p. 1)
CHAPTER 1: SETTING THE SCENE: REGULATING WORKPLACE HEALTH AND SAFETY (p. 7)
CHAPTER 2: THEORETICAL FRAMEWORK: ECONOMIC APPROACH TO ENFORCEMENT AND COMPLIANCE (p. 19)
CHAPTER 3: REGULATORY ENFORCEMENT: INSPECTION, DISCRETION, SANCTIONS (p. 33)
CHAPTER 4: INTERNATIONAL LEGAL FRAMEWORK FOR HEALTH AND SAFETY ENFORCEMENT: THE ILO AND EU LAW PROVISIONS (p. 79)
CHAPTER 5: HEALTH AND SAFETY ENFORCEMENT IN ENGLAND AND WALES (p. 103)
CHAPTER 6: HEALTH AND SAFETY ENFORCEMENT IN THE FEDERAL REPUBLIC OF GERMANY (p. 161)
CHAPTER 7: COMPARISON AND EVALUATION (p. 213)
CHAPTER 8: SUMMARY, CONCLUSIONS AND POLICY RECOMMENDATIONS (p. 275)
SAMENVATTING (p. 293)
BIBLIOGRAPHY (p. 297)
CURRICULUM VITAE (p. 329)
Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.
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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.
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Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).