This book provides an account of the international emergence of corporate manslaughter offences to criminalise deaths in the workplace during the last twenty years, identifying the limitations of health and safety regulation that have prompted this development.
"Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues"--
Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.
This new edition has been updated to take account of legislative and other developments including the Age Discrimination 2006 Regulations, the Corporate Manslaughter and Corporate Homicide Act 2007, the changes to dispute resolution procedures, and the impact of the Work and Families Act 2006.
Health and safety legislation has significantly changed over the last 10 years and regulation is now required in service sector industries as well as those described as 'dangerous', after increasing complaints of muscle injury and stress-related illnesses.This revised edition of Health and Safety at Work has been updated to include the latest legislation and considerations required for your workplace including: Construction Regulations (2007); Smoking at work (Health Act 2006); Principles of good practice (Control Of Substances Hazardous to Health Regulations); Work at height (2005); Control of noise at work (2005); Behavioural society; and Workplace exposure limits.This practical guide continues to provide advice on how to establish procedures in your organization. Written in jargon-free language, it cuts through the legal complexities to enable your full understanding of the law and your peace of mind when putting procedures in place.Formerly published as A Manager's Guide to Health & Safety at Work
Every year in the UK, hundreds of workers are killed just doing their jobs, thousands more die of illnesses caused by their work and tens of thousands suffer major injuries such as amputations, loss of sight, serious burns, and so on. Worldwide, two million people are killed by work each year. Yet with the exception of high profile cases such as the gas leak at Bhopal, India, which killed tens of thousands, this crime wave fails to attract the interest of the politicians, the media or - least forgiveably of all - the knowledge industry of criminology. This book is concerned with crimes against worker and public safety, providing an account and analysis of this increasingly important field, and setting this within the broader context of corporate and white-collar crime. It uses case studies and original analyses of official data to illustrate key points and themes, drawing upon both well known and high profile instances of safety crimes as well the mass of ubiquitous 'mundane' or 'routine' deaths and injuries. Thus the book examines how much safety crime is there, how are such offences rendered invisible, and how can their extent be unearthed accurately? Throughout the book the authors analyse the social, legal and political processes that ensure that safety crimes remain subject to under-enforcement and under-criminalisation. This analysis identifies key moments in the historical development of criminal law and regulation, and assesses the prospects for criminalising safety crimes in the context of contemporary neo-liberal regulatory policies. The theoretical and political justifications for dominant approaches to the regulation and sanctioning of safety criminals are subject to critique in order to develop alternative, more effective, means of criminalisation and punishment. The book concludes with an original analysis of safety crimes that allows us to understand the complexities of the conditions of their production, and develop a more realistic appraisal of the prospects for their amelioration.
This open access book addresses several questions regarding the implementation of human and organisational factors (HOF) so that recent improvements in industrial safety can be built upon. It addresses sources of frustration in senior management with high expectations of operational recommendations and disquiet on the part of HOF specialists struggling to have an impact on high-level decision making. The brief explores these issues with an emphasis on examples and lessons learned based on the experience of its authors, who come from different academic disciplines and various industrial sectors such as oil and gas, energy and transportation. It then offers some ways forward for a better consideration of HOF in hazardous companies with a view of promoting safety and facing challenges in a rapidly changing world.
A comprehensive and state-of the-art overview from internationally-recognized experts on white-collar crime covering a broad range of topics from many perspectives Law enforcement professionals and criminal justice scholars have debated the most appropriate definition of “white-collar crime” ever since Edwin Sutherland first coined the phrase in his speech to the American Sociological Society in 1939. The conceptual ambiguity surrounding the term has challenged efforts to construct a body of science that meaningfully informs policy and theory. The Handbook of White-Collar Crime is a unique re-framing of traditional discussions that discusses common topics of white-collar crime—who the offenders are, who the victims are, how these crimes are punished, theoretical explanations—while exploring how the choice of one definition over another affects research and scholarship on the subject. Providing a one-volume overview of research on white-collar crime, this book presents diverse perspectives from an international team of both established and newer scholars that review theory, policy, and empirical work on a broad range of topics. Chapters explore the extent and cost of white-collar crimes, individual- as well as organizational- and macro-level theories of crime, law enforcement roles in prevention and intervention, crimes in Africa and South America, the influence of technology and globalization, and more. This important resource: Explores diverse implications for future theory, policy, and research on current and emerging issues in the field Clarifies distinct characteristics of specific types of offences within the general archetype of white-collar crime Includes chapters written by researchers from countries commonly underrepresented in the field Examines the real-world impact of ambiguous definitions of white-collar crime on prevention, investigation, and punishment Offers critical examination of how definitional decisions steer the direction of criminological scholarship Accessible to readers at the undergraduate level, yet equally relevant for experienced practitioners, academics, and researchers, The Handbook of White-Collar Crime is an innovative, substantial contribution to contemporary scholarship in the field.