Useful Websites for Academic Success Workshop - Sept 9, 2021
Discover essential online resources to enhance your academic skills and succeed in your studies. Explore websites recommended by an International Academic Support/Writing Centre workshop held on September 9, 2021 at Vancouver Island University. Find valuable handouts, learning materials, library guides, and English language improvement tools. Boost your writing, research, language, and study strategies with these curated resources.
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Presentation Transcript
The Role of Regulation in Workplace Harm Reduction Workshop Presentation at ACC Futures Coalition Injury Prevention Forum 2ndDecember 2022 by Ross Wilson
Overview Overview Injury Prevention or Harm Reduction? Define regulation Victorian Factories Act ancestry and its limitations The Woodhouse Approach The Robens Model Modern Regulatory Theory HSWA Implementation Worksafe Way Forward Questions and Discussion (welcome throughout)
Injury relates to physical injury S.30 AC Act deeming disease as injury obscures extent of health impacts. 63 workplace fatalities in 2021 compared with an estimated 750-900 work-related health deaths. Harm reduction embraces all work-related harm Injury Prevention or Injury Prevention or Harm Reduction? Harm Reduction?
Developing and setting standards e.g. as detailed rules, outcomes to be achieved or a process to be followed Monitoring compliance. Compliance promotion and enforcement A functional A functional definition of definition of regulation regulation Command and control Usually assumed state has monopoly over the three functions
First Factories Acts in Victorian Britain regulated hours of work and conditions for children, but gradually extended to other health and safety issues and premises. Limitations included: Difficulty of enforcement by criminal prosecution Breaches not seen as real crime . Usually technical, prescriptive and inflexible Increasingly difficult to keep up with pace of change Excluded workers from participation Compare with French model Victorian Victorian Factories Act Factories Act ancestry and ancestry and its limitations its limitations
The Woodhouse Approach The Woodhouse Approach The 1967 Royal Commission: Specifically endorsed the Swedish model of employer union cooperation and noted: .not even the most elaborate safety legislation can give the desired results unless it is supported by active collaboration between employers and employees . Compensation for Personal Injury in New Zealand: Report of the Royal Commission of Inquiry 1967 para 337 The 1988 Law Commission Review: Noted the work of the Advisory Council on Occupational Safety and Health (ACOSH) and evidence that worker participation can dramatically improve safety performance, and that a voluntary Department of Labour code on elected health and safety representatives and committees had been promoted by ACOSH. NZ Law Commission Report on the Accident Compensation Scheme NZLC R4 1988 at p 23
The UK The UK Robens Robens Model Model The 1972 Robens Report and UK 1974 Health & Safety at Work Act 1974: Self-regulation and tripartism influenced by Swedish model Health and Safety in Employment Act 1992 No worker participation two legged stool influenced by neo-liberal politics but amended in 2003. Failure to implement. Health and Safety at Work Act 2015 Post Pike River Disaster modern legislation and a new agency Worksafe.
Modern Regulatory Theory Modern Regulatory Theory Really Responsive Regulatory Approach - In addition to traditional enforcement and education tools insights driven regulator focuses on upstream accountabilities, business models, supply chains, terms and conditions and contracting arrangements beyond the direct employer. Root cause analysis - Extend focus from most immediate cause or responsible person to examine the root cause. David Weil Strategic Enforcement - Create a ripple effect by strategic enforcement egregious breaches, high profile lead firms and lowest road players. Malcolm Sparrow Pick important problems and fix them with an analytical project approach.
HSWA Implementation HSWA Implementation Working with business, unions and iwi Te K hu M tai Building capacity as funding permits e.g. increased health focus and Kaimai Hauroa Inspectors Developing regulatory practice based on modern regulatory theory Encouraging worker participation strong focus in Safe+ assessments and developing new worker rep models where necessary (e.g. Toroawhi in forestry) Worksafe Way Forward strategy reflecting this approach
