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Maiming and Killing: Occupational Health Crimes

NCJ Number
150642
Journal
Annals of the American Academy of Political and Social Science Volume: 525 Dated: (January 1993) Pages: 107-118
Author(s)
N Frank
Date Published
1993
Length
12 pages
Annotation
While occupational health-related problems have grown in recent years, public policies for dealing with occupational diseases remain limited in comparison to public policies on occupational injuries.
Abstract
Occupational health hazards pose special difficulties in terms of setting standards and compensating workers. Because of technical, economic, and political dilemmas, workers bear the burden of occupational disease. Further, since society benefits by permitting workers to be exposed to occupational health hazards, it has a responsibility to compensate those who become ill and to provide an integrated system of legal controls that protect workers. The author contends that expanded worker compensation coverage, tort action, and criminal prosecution of employers are important adjuncts to the current system of regulatory enforcement and the limited availability of worker compensation for occupational disease. Expanded worker compensation may alleviate some of the regulatory uncertainty, while tort action and criminal prosecution may minimize the impact of ineffective enforcement on occupational illness and disease. The author distinguishes between occupational injury and disease, reviews the development of legal control over occupational hazards, and assesses the current state of occupational safety and health protection. Hazards in the workplace and the enforcement record of the Occupational Safety and Health Administration are also discussed. 43 footnotes