| 来源类型 | FEEM working papers "Note di lavoro" series |
| 规范类型 | 论文 |
| Negotiation as a Means of Developing and Implementing Health and Safety Policy | |
| Nicholas A. Ashford; Charles C. Caldart | |
| 发表日期 | 1998 |
| 出处 | Climate Change and Sustainable Development |
| 出版年 | 1998 |
| 语种 | 英语 |
| 摘要 | In the health, safety, and environmental area, negotiated rulemaking, implementation, and compliance are proposed by their advocates as delivering two primary benefits: reduced rulemaking time and decreased litigation over a final agency rule. The experience to date, however, indicates that negotiated rulemaking cannot be relied upon to deliver either of these benefits. Nonetheless, experience indicates that negotiation can, in appropriate circumstances, facilitate a better understanding of issues, concerns, facts, and positions among adversaries, promote the sharing of relevant information, and provide an opportunity for creative problem-solving. This paper discusses the use of these three types of negotiation by the United States Occupational Safety and Health Administration (OSHA). Four negotiated rulemakings under the Occupational Safety and Health Act -- each of which involved an attempt to establish an OSHA standard for worker exposure to a particular toxic substance -- are evaluated according to whether negotiation was instrumental either in securing a more protective standard, or in securing an innovative technological response. The cases do not support the proposition that negotiation is more likely to protect worker health and stimulate more innovative protective technology than is traditional rulemaking. Rather, the record indicates that equal or better results could have been obtained through the traditional rulemaking process. In contrast to its willingness to use negotiation in standard-setting, OSHA has thus far shown little interest in making creative use of negotiation to promote technological change during the implementation or enforcement of standards. |
| 特色分类 | D74,I18,K32,L50,O31,O38 |
| 关键词 | Alternative dispute resolution,Health,Negotiated compliance,Negotiated implementation,Negotiated regulation,Negotiated settlement,Negotiation,Occupational health and safety,Regulation,Safety,Technological change,Technological innovation,Worker health and |
| URL | https://www.feem.it/en/publications/feem-working-papers-note-di-lavoro-series/negotiation-as-a-means-of-developing-and-implementing-health-and-safety-policy/ |
| 来源智库 | Fondazione Eni Enrico Mattei (Italy) |
| 资源类型 | 智库出版物 |
| 条目标识符 | http://119.78.100.153/handle/2XGU8XDN/116333 |
| 推荐引用方式 GB/T 7714 | Nicholas A. Ashford,Charles C. Caldart. Negotiation as a Means of Developing and Implementing Health and Safety Policy. 1998. |
| 条目包含的文件 | ||||||
| 文件名称/大小 | 资源类型 | 版本类型 | 开放类型 | 使用许可 | ||
| NDL1998-038.pdf（492KB） | 智库出版物 | 限制开放 | CC BY-NC-SA | 浏览 | ||
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