Immigrant Labor and the Occupational Safety & Health Regime; Part I: A New Vision for Workplace Regulation

82 Pages Posted: 13 Nov 2009  

Jayesh Rathod

American University - Washington College of Law

Date Written: 2009

Abstract

This article is the first in a series of three articles that together form a scholarly project that unearths the causes of recent trends in immigrant worker fatalities and injuries in the U.S., and presents recommendations for reversing it. The article examines how the history, structure, and operations of the federal Occupational Safety and Health Administration (OSHA) have, at times, obscured the workplace safety concerns of immigrant workers and have left these workers with no meaningful voice in the regulatory process. The article presents a set of regulatory imperatives to guide OSHA’s future work with respect to immigrant workers. These imperatives provide a framework for other agencies that have failed to adequately protect or otherwise address the concerns of a historically disadvantaged constituency.

Keywords: immigrant, immigrant workers, foreign-born workers, occupational safety and health, OSHA

JEL Classification: J28, J61, K23, K31, K32

Suggested Citation

Rathod, Jayesh, Immigrant Labor and the Occupational Safety & Health Regime; Part I: A New Vision for Workplace Regulation (2009). New York University Review of Law & Social Change, Vol. 33, No. 4, 2009. Available at SSRN: https://ssrn.com/abstract=1503937

Jayesh Rathod (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

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