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Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author's empirical research, this book addresses the question: how can law influence the internal self-regulation of organisations in order to ...

Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author's empirical research, this book addresses the question: how can law influence the internal self-regulation of organisations in order to make them more responsive to occupational health and safety concerns? In this context, it is argued that Occupational Health and Safety management systems have the potential to stimulate models of self-organisation within firms in such a way as to make them self-reflective and to encourage informal self-critical reflection about their occupational health and safety performance. This book argues for a two track system of regulation under which enterprises are offered a choice between a continuation of traditional forms of regulation and the adoption of a safety management system-based approach on the other. The book concludes with a discussion of the use of criminal and administrative sanctions to provide organisations with incentives to adopt effective Occupational Health and Safety management systems. The book proposes a wider range of criminal sanctions and sentencing guidelines to ensure employers receive sentencing discounts where they have introduced effective management systems.

The proliferation of chemical substances in commerce poses scientific and philosophical problems. The scientific challenge is to develop data, methodologies, and techniques for identifying and assessing toxic substances before they cause harm to human beings and the environment. The philosophical ...

The proliferation of chemical substances in commerce poses scientific and philosophical problems. The scientific challenge is to develop data, methodologies, and techniques for identifying and assessing toxic substances before they cause harm to human beings and the environment. The philosophical problem is how much scientific information we should demand for this task consistent with other social goals we might have. In this book, Cranor utilizes material from ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment, to argue that the scientific evidential standards used in tort law and administrative law to control toxics ought to be evaluated with the purposes of the law in mind. Demanding too much for this purpose will slow the evaluation and lead to an excess of toxic substances left unidentified and unassessed, thus leaving the public at risk. Demanding too little may impose other costs. An appropriate balance between these social concerns must be found. Justice requires we use evidentiary standards more appropriate to the legal institutions in question and resist the temptation to demand the most intensive scientific evaluation of each substance subject to legal action.