The deterrent effects of OHS enforcement: a review of the literature

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2011

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Purse, K.
Dawson, D.
Dorrian, J.

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Report

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Abstract

Work-related injury and death in Australia, as elsewhere, remains a perennial issue of public concern, especially in view of the high toll it exacts on the nation's social and economic wellbeing. Systemic failure persists even though OHS laws enacted to protect people at work from hazards associated with their employment have been in place for more than a century. In examining the role of enforcement in OHS regulation, this review briefly outlines the main significance of OHS as a public policy issue; and provides an overview of the evolution of the legal architecture and inspectorial practices that have historically underpinned OHS laws in Australia, along with more recent changes in these areas. This is followed by an evaluation of quantitative and qualitative studies that have sought to determine the deterrent effect of OHS enforcement. The main findings are that deterrence operates in a more mediated manner than presumed by traditional deterrence theory; that the certainty of inspection appears to be the most important component of deterrence and that specific deterrence is greater than general deterrence. It is also apparent that there are many gaps in our understanding of the role of enforcement in Australia in promoting improvements in OHS performance. A number of implications arising from the research findings are drawn that may assist in enhancing enforcement activity.

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Copyright 2010 UniSA Press

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