Harm and Helmets: How Harmful Social Costs Fail to Justify Paternalistic Health and Safety Regulations

Mill’s harm principle and the financial externalities of risky behavior are routinely invoked to justify health and safety regulation. However, this approach fares poorly when subjected to theoretical scrutiny. First, it is false: individuals engaging in risky behavior do not harm others. Second, even if risky behavior were harmful to others, the argument from harmful externalities does not imply safety-enhancing policy interventions, at least not without additional appeals to paternalism. Third, focusing on the economic impacts of accidents invites perverse victim-blaming attitudes toward accident victims that undermine democratic values and justice. To improve our moral understanding of health and safety regulation, I sketch a theory of public policy justification grounded in the controversies which attract our attention to paternalistic polices in the first place. On this account, justificatory arguments are plausible if they identify goods that individuals genuinely affirm on their own terms, are sensitive to causal responsibility and imbalances between restraint and protection, and comparatively engage with possible policy alternatives. Illustrating the shortcomings of one dominant approach to public policy justification and reorienting us toward the controversies that policy justifications need to confront reflect two ways that political theory can help enhance justice in public policy design and articulation.

The Implementation of the Precautionary Principle in Nuclear Safety Regulation: Challenges and Prospects

The precautionary principle has been implemented in many fields including environment protection, biological diversity, and climate change. In the field of international nuclear safety regulation, the implementation of this principle is in an ongoing process. Since Japan declared to discharge Fukushima nuclear waste water into the ocean, the precautionary principle was put on the stage, and some debates are invoked on it. As is observed by this article, the precautionary principle has not been effectively implemented in nuclear safety regulation, specifically in nuclear safety law making, law enforcement, and judicial application. The reasons can be found from two main challenges: indeterminacy of perceived risk level required to justify precautionary action and hard balance of national interest and community interest in nuclear safety. In a long-term perspective, the framework of international nuclear safety regulation has to respond to these challenges, both by clarifying the precautionary principle in legal binding nuclear safety documents and moving towards a more transparent, fair, and effective enforcement regime in order to promote safer, more sustainable, and efficient civilian nuclear utilization around the world.

Effects of Governmental Intervention on Foodborne Disease Events: Evidence from China

Foodborne disease events (FDEs) endanger residents’ health around the world, including China. Most countries have formulated food safety regulation policies, but the effects of governmental intervention (GI) on FDEs are still unclear. So, this paper purposes to explore the effects of GI on FDEs by using Chinese provincial panel data from 2011 to 2019. The results show that: (i) GI has a significant negative impact on FDEs. Ceteris paribus, FDEs decreased by 1.3% when government expenditure on FDEs increased by 1%. (ii) By strengthening food safety standards and guiding enterprises to offer safer food, government can further improve FDEs. (iii) However, GI has a strong negative externality. Although GI alleviates FDEs in local areas, it aggravates FDEs in other areas. (iv) Compared with the eastern and coastal areas, the effects of GI on FDEs in the central, western, and inland areas are more significant. GI is conducive to ensuring Chinese health and equity. Policymakers should pay attention to two tasks in food safety regulation. Firstly, they should continue to strengthen GI in food safety issues, enhance food safety certification, and strive to ensure food safety. Secondly, they should reinforce the co-governance of regional food safety issues and reduce the negative externality of GI.

The Current Safety Regulation for Radiation Emergency Medicine in Korea

Radiation emergency medicine (REM) systems are operated around the world to provide specialized care for injured individuals who require immediate medical attention in accidents. This manuscript describes the current status of REM safety regulation in Korea and summarizes an assessment of the effects of this regulation. Responding to the requests of people for stronger safety regulations related to radiation exposure, a unique REM safety regulation for nuclear licensees, which is enforceable by laws, has been established and implemented. It is not found in other countries. It can provide a good example in practice for sustainable REM management including document reviews on medical response procedures and inspections of equipment and facilities. REM preparedness of nuclear or radiologic facilities has been improved with systematic implementation of processes contained in the regulation. In particular, the medical care system of licensees has become firmly coordinated in the REM network at the national level, which has enhanced their abilities by providing adequate medical personnel and facilities. This legal regulation service has contributed to preparing the actual medical emergency response for unexpected accidents and should ultimately secure the occupational safety for workers in radiation facilities.

“Occupational Health and Safety” Corporate Liability and the Regulation of Officers: New Zealand Reform

<p>This paper examines the concept of corporate liability in the context of occupational health and safety in New Zealand. In particular it looks at the new duty of officers proposed in the Health and Safety Reform Bill 2014. New Zealand’s occupational health and safety framework has experienced a regulatory breakdown, stemming from its incomplete implementation of the Robens Model for health and safety regulation. That breakdown involves many flaws and gaps, especially as far as corporate liability is concerned, while the modern world of work has created new challenges to health and safety regulation. This setting demands a new regulatory tool to create effective corporate liability and increase the compliance of companies’. This article examines the new world of work and the inherent clash between OHS regulation and the corporate world to reveal two main conclusions; the major barrier to company compliance is a lack of effective inducement; and there is a desperate need to create health and safety leaders within companies, in order to create a positive health and safety culture. These two conclusions promote the main proposition of this paper, that the proposed duty of officers will be instrumental in improving the state of workplace health and safety. This paper examines the duty, as drafted, to emphasise its potential and to highlight certain flaws which may limit that potential.</p>

“Occupational Health and Safety” Corporate Liability and the Regulation of Officers: New Zealand Reform

<p>This paper examines the concept of corporate liability in the context of occupational health and safety in New Zealand. In particular it looks at the new duty of officers proposed in the Health and Safety Reform Bill 2014. New Zealand’s occupational health and safety framework has experienced a regulatory breakdown, stemming from its incomplete implementation of the Robens Model for health and safety regulation. That breakdown involves many flaws and gaps, especially as far as corporate liability is concerned, while the modern world of work has created new challenges to health and safety regulation. This setting demands a new regulatory tool to create effective corporate liability and increase the compliance of companies’. This article examines the new world of work and the inherent clash between OHS regulation and the corporate world to reveal two main conclusions; the major barrier to company compliance is a lack of effective inducement; and there is a desperate need to create health and safety leaders within companies, in order to create a positive health and safety culture. These two conclusions promote the main proposition of this paper, that the proposed duty of officers will be instrumental in improving the state of workplace health and safety. This paper examines the duty, as drafted, to emphasise its potential and to highlight certain flaws which may limit that potential.</p>

Contamination by Hazardous Elements in Low – Priced Children’s Plastic Toys Bought on the local Markets of Karachi, Pakistan

Children’s plastics toys maybe contain toxic metals to which infants and young children can be orally exposed and may pose acute or chronic adverse health effects. The objectives of this research were to evaluate the total metal concentrations (TMCs) of Pb, Cd, Cr, Ni, Zn, Cu, and Mn in children’s plastic Toys Bought in the local markets of Karachi, Pakistan, and compared TMCs to different regulatory limits. Total 44 children’s plastic toys sourced in the Karachi local markets had analyzed by an atomic absorption spectrophotometer for heavy metals contaminations. These toy samples had divided into two groups; Plastic toys (DCT) and Plastic toys with paints or coatings (DPCT). For plastic toys, 83% (19) of samples had TMCs that exceeded European Union (EU) toy safety regulation limits for Pb, and 65% (15) of samples that exceeded for Cd. For plastic toys with paints or coating, 43% (9) of samples had TMCs that exceeded EU migration limits for Pb and 24% (5) for Cd. More than 20 samples exceeded the United States Consumer Product Safety Commission (U.S. CPSC), Canadian, and Bureau of Indian Standards (BIS) toy safety regulation limits. In toys samples (n = 44) very high TMCs of Pb (64%), Cd (45%), Cr(5%), and Ni (2%) were observed. Zn, Cu, and Mn TMCs were also existing but below the Regulation limits. The Contamination levels of Pb, Cd, Cr, and Ni and smaller extent of Zn, Cu, and Mn still pose health issues in children and may cause serious problems in their health.

Workers with Cardiac AIMD Exposed to EMF: Methods and Case Studies for Risk Analysis in the Framework of the European Regulations

Workers with cardiac active implantable medical devices (AIMD), such as a pacemaker (PM) or an implantable defibrillator (ICD), are considered by the occupational health and safety regulation framework as a particularly sensitive risk group that must be protected against the dangers caused by the interference of electromagnetic field (EMF). In this paper, we first describe the general methodology that shall be followed for the risk assessment of employees with a cardiac AIMD exposed to EMF, according to the EU regulation, and in particular to the EN 50527-2-1:2016 and 50527-2-2:2018 standards. Then, three case studies related to specific EMF sources are presented, to better describe how the initial analysis of the risk assessment can be performed in practice, and to understand if a further specific risk assessment analysis is required or not.