A Comparative Study about International Occupational Safety and Health Law and Regulations in the European Union, India and China over the Inland Transport Sector
(2019) JAMM07 20191Department of Law
Faculty of Law
- Abstract
- The international occupational safety and health law is structured by international human rights in- struments and regulations issued by the ILO. OSH responsibilities are assigned to each stakeholder engaged in workers’ working process. The international OSH legal system as well is a legal basis for countries to set up their own OSH legal systems at the national level. Though core concerns of this issue remain the same, countries structure their OSH legal systems in different ways.
EU countries enjoy a common set of OSH laws. However, as their national conditions differ, the result of law enforcement varies from country to country. India has to cope with problems raised from its complex legislative system. China, on the other hand, has... (More) - The international occupational safety and health law is structured by international human rights in- struments and regulations issued by the ILO. OSH responsibilities are assigned to each stakeholder engaged in workers’ working process. The international OSH legal system as well is a legal basis for countries to set up their own OSH legal systems at the national level. Though core concerns of this issue remain the same, countries structure their OSH legal systems in different ways.
EU countries enjoy a common set of OSH laws. However, as their national conditions differ, the result of law enforcement varies from country to country. India has to cope with problems raised from its complex legislative system. China, on the other hand, has divided its OSH regulations into the “disease prevention” category and the “safety production” category. Conflicts between different power not only impede law enforcement, but also make the center of focus governments and em- ployers, but not those who are seeking protection.
All the problems and conflicts within these legal systems are compared through the following discussion over professional drivers’ OSH. Professional drivers are a group of people who is not well covered by OSH laws at the national level. Chronic diseases and mental illness are hard to be noticed until they result in severe accidents. Though transportation industry is not an industry where lies the most severe occupational hazards, but constant traffic accidents involving professional drivers make these people’s OSH a center of focus.
Drivers’ OSH is regulated by both traffic regulations and OSH laws. There also exist dislocation, misinterpretation and uncovered topics across the two sets of laws. In the current situation, when speaking of regulations over professional drivers, the traffic regulations prevail. As a result, OSH law over professional drivers often appear to be incompetent and its developing speed decreases as well.
This thesis explores defections in the OSH legal system through the lens of OSH legislation and implementation in the transportation industry. After a comparative legal research conducted across the EU’s, India’s, and China’s OSH legal systems, it comes up with an analysis as well as some rec- ommendations for the further development of China’s system with regard to professional drivers. (Less)
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@misc{8986771,
abstract = {{The international occupational safety and health law is structured by international human rights in- struments and regulations issued by the ILO. OSH responsibilities are assigned to each stakeholder engaged in workers’ working process. The international OSH legal system as well is a legal basis for countries to set up their own OSH legal systems at the national level. Though core concerns of this issue remain the same, countries structure their OSH legal systems in different ways.
EU countries enjoy a common set of OSH laws. However, as their national conditions differ, the result of law enforcement varies from country to country. India has to cope with problems raised from its complex legislative system. China, on the other hand, has divided its OSH regulations into the “disease prevention” category and the “safety production” category. Conflicts between different power not only impede law enforcement, but also make the center of focus governments and em- ployers, but not those who are seeking protection.
All the problems and conflicts within these legal systems are compared through the following discussion over professional drivers’ OSH. Professional drivers are a group of people who is not well covered by OSH laws at the national level. Chronic diseases and mental illness are hard to be noticed until they result in severe accidents. Though transportation industry is not an industry where lies the most severe occupational hazards, but constant traffic accidents involving professional drivers make these people’s OSH a center of focus.
Drivers’ OSH is regulated by both traffic regulations and OSH laws. There also exist dislocation, misinterpretation and uncovered topics across the two sets of laws. In the current situation, when speaking of regulations over professional drivers, the traffic regulations prevail. As a result, OSH law over professional drivers often appear to be incompetent and its developing speed decreases as well.
This thesis explores defections in the OSH legal system through the lens of OSH legislation and implementation in the transportation industry. After a comparative legal research conducted across the EU’s, India’s, and China’s OSH legal systems, it comes up with an analysis as well as some rec- ommendations for the further development of China’s system with regard to professional drivers.}},
author = {{Lili, Tao}},
language = {{eng}},
note = {{Student Paper}},
title = {{A Comparative Study about International Occupational Safety and Health Law and Regulations in the European Union, India and China over the Inland Transport Sector}},
year = {{2019}},
}