The dangers of hanging baskets: 'Regulatory myths' and media representations of health and safety regulation

The successful enforcement of health and safety regulation is reliant upon the ability of regulatory agencies to demonstrate the legitimacy of the system of regulatory controls. While 'big cases' are central to this process, there are also significant legitimatory implications associated with 'minor' cases, including media-reported tales of pettiness and heavy-handedness in the interpretation and enforcement of the law. The popular media regularly report stories of 'regulatory unreasonableness', and they can pass quickly into mainstream public knowledge. A story's appeal becomes more important than its factual veracity; they are a form of 'regulatory myth'. This paper discusses the implications of regulatory myths for health and safety regulators, and analyses their challenges for regulators, paying particular attention to the Health and Safety Executive (HSE) which has made concerted efforts to address regulatory myths attaching to its activities. It will be shown that such stories constitute sustained normative challenges to the legitimacy of the regulator, and political challenges to the burgeoning regulatory state, because they reflect some of the key concerns of late-modern society

The changing legitimacy of health and safety, 1960-2015: understanding the past, preparing for the future

'Health and safety’ currently has an image problem in the UK. This article explores the origins of these current negative perceptions, framed around the concept of legitimacy – the degree to which a policy project of this sort is viewed as right, proper, and appropriate. The article considers and evaluates key moments in the growth and decline of social consensus around health and safety since 1960, including the Robens Committee and subsequent Health and Safety at Work etc Act, the decline of trade unionism, the extension of health and safety beyond the workplace, and the rise of the safety profession. It concludes that change has been much more subtle and less uniform than general perceptions might suggest, and makes recommendations for how public engagement with occupational health and safety might be restructured

Il/legitimate risks? Occupational health and safety and the public in Britain, c. 1960-2015

The last 20 years have seen the emergence of a popular climate of antipathy towards occupational health and safety regulation within the UK, particularly within the mainstream British media. The governance of health and safety has thus in recent years become an increasingly visible and contested public and political issue. The extent of this contestation, and its impact on the State’s governance of health and safety in the workplace and beyond, is explained and historicized within this chapter. Why has public rhetoric about health and safety apparently become so important in framing the ways in which the State could legitimately act in recent years? The chapter demonstrates how since 1960 the State remained a significant player – one among many, admittedly – and that while its roles in managing health and safety had long been bounded by a number of factors, a variable that emerged with particular saliency over the last 20 years has been a mediated notion of ‘public opinion’. This focus serves to remind us of the ways in which State action has at certain moments been pushed in particular directions by factors beyond formal mechanisms of rule

Money laundering and the shadow economy in Kazakhstan

Purpose The purpose of this paper is to assess and highlight the approach taken towards the legal control of illicit money laundering taken in the Republic of Kazakhstan, in particular, the role played by an amnesty on the legalisation of illicit funds. This is particularly important as a basis for a wider discussion about the proper limits of the “criminalising” approaches commonly taken in anti-money laundering regulations. Design/methodology/approach The discussion and evaluation in the paper is based upon a conceptual analysis of the money laundering regime in Kazakhstan, in particular, the legal framework and policies of implementation adopted. Findings The paper demonstrates that the problems that are posed by the shadow economy in post-Soviet transition societies can make the blanket criminalisation of money laundering a self-defeating approach, unless accompanied by measures which allow for the achievement of “market-constituting” effects. Research limitations/implications The paper draws on experience and practice in one jurisdiction only (Kazakhstan); it also limits its focus to one particular example of a money laundering amnesty policy. Both of these limitations, therefore, suggest avenues for further comparative research. Originality/value The paper’s conclusions about the interactions between the shadow economies of transitional societies and the global anti-money laundering agenda have wider application in assessments of international law in this area

Predicting the effects of sand erosion on collector surfaces in CSP plants

This paper presents a methodology to predict the optical performance and physical topography of the glass collector surfaces of any given CSP plant in the presence of sand and dust storms, providing that local climate conditions are known and representative sand and dust particles samples are available. Using existing meteorological data for a defined CSP plant in Egypt, plus sand and dust samples from two desert locations in Libya, we describe how to derive air speed, duration, and sand concentrations to use within the Global CSP Laboratory sand erosion simulation rig at Cranfield University. This then allows us to predict the optical performance of parabolic trough collector glass after an extended period by the use of accelerated ageing. However the behavior of particles in sandstorms is complex and has prompted a theoretical analysis of sand particle dynamics which is also described in this paper

Revolution blues: the reconstruction of Health and Safety as a ‘common-sense’ form of regulation

This paper provides a review of the last five years of policymaking in the area of health and safety law; this includes multiple reviews, legislative reform, and the reframing of rhetoric around the issue. It characterises this as a process of social construction of a new ‘universe of meaning’ around health and safety regulation, which provides a basis for a particular, narrow, neoliberal conception of regulation and responsibility to permeate the mainstream. Deliberative and public-facing policymaking processes have been utilised as a key element of this process

Can exercise limits prevent post-exertional malaise in chronic fatigue syndrome? An uncontrolled clinical trial.

<b>Objective</b>: It was hypothesized that the use of exercise limits prevents symptom increases and worsening of their health status following a walking exercise in people with Chronic Fatigue Syndrome (CFS). <b>Design</b>: An uncontrolled clinical trial (semi-experimental design). <b>Setting</b>: Outpatient clinic of a university department. <b>Subjects</b>: 24 patients with CFS. <b>Interventions</b>: Subjects undertook a walking test with the two concurrent exercise limits. Each subject walked at an <i>intensity</i> where the maximum heart rate was determined by heart rate corresponding to the respiratory exchange ratio =1.0 derived from a previous sub-maximal exercise test and for a duration calculated from how long each patient felt they were able to walk. <b>Main outcome measures</b>: The Short Form 36 Health Survey or SF-36, the CFS Symptom List, and the CFS-Activities and Participation Questionnaire were filled in prior to, immediately and 24 hours post-exercise. <b>Results</b>: The fatigue increase observed immediately post-exercise (p=0.006) returned to pre-exercise levels 24 hours post-exercise. The increase in pain observed immediately post-exercise was retained at 24 hours post-exercise (p=0.03). Fourteen of 24 subjects experienced a clinically meaningful change in bodily pain (change of SF-36 bodily pain score ³10). Six of 24 participants indicated that the exercise bout had slightly worsened their health status, and 2 of 24 had a clinically meaningful decrease in vitality (change of SF-36 vitality score ³20). There was no change in activity limitations/participation restrictions. <b>Conclusion</b>: It was shown that the use of exercise limits (limiting both the intensity and duration of exercise) prevents important health status changes following a walking exercise in people with CFS, but was unable to prevent short-term symptom increases

Regulation and governance versus criminology: disciplinary divides, intersections and opportunities

This paper seeks to bridge the disciplinary gap between regulation and governance studies, and criminology. Based on a review of theoretical and empirical work on corporate crime, this paper argues that divergent approaches to questions of individual agency, localised variety, and political context, have drawn these two disciplines in different directions. Regulatory governance scholarship has thrived as a discipline, but also narrowed its focus around these issues. Corporate criminology offers a means of broadening this focus by drawing attention to the normative theorizing behind the regulatory project. At the same time, however, insights drawn from regulatory governance scholarship can prompt corporate criminology to innovate by broadening the scope of its engagement beyond the sphere of traditional criminal justice. The paper argues for the development of a research agenda to sit at their intersection, and which engages with the challenges that exist at the interface between criminal and regulatory law

Mental health and wellbeing at work in the UK: current legal approaches

In this paper we outline and critique legal approaches to poor mental health at work in the UK. We argue that the current legal framework is not ‘fit for purpose’. Overall, the existing framework promotes a problematic model that is ineffective because each element, individually and as part of the whole, fails to adequately engage with the nuanced realities of the relationship between undertaking paid work and suffering poor mental health. It is, we suggest, disjointed because it has evolved from a patchwork of provisions, each with different foundations, motivations, ambitions and flaws. The need for a re-focus, and what this might entail, is considered, and the capacity of a model centred on addressing workplace mental health as a manifestation of broader notions of vulnerability is explored

Implementing motivational interviewing in adult mental health social work practice: an analysis of postgraduate student assessed placement reports

Motivational interviewing is commonly taught on social work qualifying programmes as it is a core skill which practitioners can use in a variety of practice settings. However, the extent to which students can apply it in their practice learning placements is rarely evaluated. This paper reports a content analysis of a random selection of postgraduate social work students’ practice learning placement reports (n = 16) to assess the extent to which they were able to apply it in their practice. The findings revealed many examples of students’ adherence to motivational interviewing principles and practice, facilitated by their self-reported knowledge and confidence in using the approach. However, the analysis also found some students who struggled to utilize it because of a poor understanding or a practice context that mitigated against its use. Therefore, although it is possible to train social work students to use motivational interviewing in their practice learning, further evaluations are required to assess their use of it in their post-qualifying practice and the outcomes of this for service users