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Beyond Experimentation: Governing Occupational Safety in the United States (or - Core and Periphery in Regulation Governance)

NEW GOVERNANCE AND CONSTITUTIONALISM IN EUROPE AND THE UNITED STATES, Grainne De Burca & Joanne Scott, eds., Hart Publishing, 2006

San Diego Legal Studies Paper No. 07-32

29 Pages Posted: 10 Jan 2006  

Orly Lobel

University of San Diego School of Law

Abstract

This chapter offers a critical assessment of a range of regulatory tools in the context of heath and safety regulation. It explores the struggles surrounding OSHA, an administrative agency fraught with budgetary constraints, political resistance, and a limited legal mandate. The chapter describes new programs that expand the responsibility of the agency's Office of Cooperative Programs and considers the effectiveness of new governance approaches that rely on stakeholder involvement, self-regulation, beyond compliance certification, and cooperative incentives. It demonstrates how attention to the organizational dynamics within workplaces and industries are key to successful implementation of such programs.

Keywords: employment law, labor law, health and safety, administrative law, governance, OSHA, industrial relation, regulation, regulatory theory

JEL Classification: K1, K23, K42, K32, K31, J28, J5

Suggested Citation

Lobel, Orly, Beyond Experimentation: Governing Occupational Safety in the United States (or - Core and Periphery in Regulation Governance). NEW GOVERNANCE AND CONSTITUTIONALISM IN EUROPE AND THE UNITED STATES, Grainne De Burca, Joanne Scott, eds., Hart Publishing, 2006; San Diego Legal Studies Paper No. 07-32. Available at SSRN: https://ssrn.com/abstract=874837

Orly Lobel (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

HOME PAGE: http://home.sandiego.edu/%7Elobel/

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