NCJ Number
99907
Date Published
1985
Length
128 pages
Annotation
This study reviews the enforcement strategies of Australian agencies responsible for occupational health and safety, mine safety, and radiation control in State and Commonwealth governments, as well as the appropriateness of sanctions.
Abstract
The analysis was based on court statistics showing the number of prosecutions pertaining to occupational health and safety for the late 1970's and early 1980's. Attitudes of the regulators toward enforcement strategy and sanctions were determined through semistructured interviews and a questionnaire. Both the data and interviews show that generally the regulatory agencies rely upon education and persuasion to achieve compliance with the law. This approach is based in the belief that businesses will act responsibly in matters of health and safety if given guidance and encouragement by regulatory agencies. There is a reluctance to prosecute violators, and those who are prosecuted and convicted are fined inconsequential amounts. There should be more prosecutions, and they should focus on employers who create unsafe working conditions. Regulatory agencies should develop a hierarchy of regulatory responses that will be applied in accordance with a company's willingness to comply with safety and health regulations. Penalties should also have a hierarchy of severity that includes orders to stop production and license suspension or revocation. Thirty-seven notes and approximately 80 references are provided.