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This edited collection draws together original case studies written by leading researchers in Australia, Canada, Great Britain, Sweden, and the United States that examine the politics of working disasters. The essays address two fundamental questions: what gets recognized as a work disaster? And how does the state respond to one? --Publisher's description. Contents: Introduction: The Politics of Recognition and Response / Eric Tucker -- Trucking Tragedies: The Hidden Disaster of Mass Death in the Long-Haul Road Transport Industry / Michael Quinlan, Claire Mayhew, and Richard Johnstone -- The Australian Epidemic of Repetition Strain Injury: A Sociological Perspective / Andrew Hopkins -- "All Part of the Game": The Recognition of and Response to an Industrial Disaster at the Fluorspar Mines, St Lawrence, Newfoundland, 1933-1978 / Richard Rennie -- The Long Road to Action: The Silicosis Problem and Swedish Occupational Health and Safety Policy in the 20th Century / Annette Thörnquist -- Disaster, Meaning Making, and Reform in Antebellum Massachusetts / Patricia Reeve -- Regulating Safety, Regulating Profit: Cost-Cutting, Injury and Death in the British North Sea after Piper Alpha / Dave Whyte -- Courts, Crime, and Workplace / Richard Johnstone -- Blame and Causation in the Aftermath of Industrial Disasters: Nova Scotia's Coal Mines from 1858 to Westray / Susan Dodd -- Accountability and Reform in the Aftermath of the Westray Mine Explosion / Eric Tucker.

This edited collection draws together original case studies written by leading researchers in Australia, Canada, Great Britain, Sweden, and the United States that examine the politics of working disasters. The essays address two fundamental questions: what gets recognized as a work disaster? And how does the state respond to one? --Publisher's description. Contents: Introduction: The Politics of Recognition and Response / Eric Tucker -- Trucking Tragedies: The Hidden Disaster of Mass Death in the Long-Haul Road Transport Industry / Michael Quinlan, Claire Mayhew, and Richard Johnstone -- The Australian Epidemic of Repetition Strain Injury: A Sociological Perspective / Andrew Hopkins -- "All Part of the Game": The Recognition of and Response to an Industrial Disaster at the Fluorspar Mines, St Lawrence, Newfoundland, 1933-1978 / Richard Rennie -- The Long Road to Action: The Silicosis Problem and Swedish Occupational Health and Safety Policy in the 20th Century / Annette Thörnquist -- Disaster, Meaning Making, and Reform in Antebellum Massachusetts / Patricia Reeve -- Regulating Safety, Regulating Profit: Cost-Cutting, Injury and Death in the British North Sea after Piper Alpha / Dave Whyte -- Courts, Crime, and Workplace / Richard Johnstone -- Blame and Causation in the Aftermath of Industrial Disasters: Nova Scotia's Coal Mines from 1858 to Westray / Susan Dodd -- Accountability and Reform in the Aftermath of the Westray Mine Explosion / Eric Tucker.

The rise of rentier capitalism in advanced capitalist countries has detrimentally affected large numbers of worker and impaired the efficacy of protective labour and employment laws. However, capitalist rent-seeking is not unique to rentier capitalism, but rather has taken a variety of forms over time. This chapter begins by exploring the evolving meaning of rent and changing practices of capitalist rent-seeking. It then considers the ways in which workers responded to those practices in both rent-rich and rent-poor sectors of the economy, including through the enactment of labour and employment laws appropriate to, but only partially successful in addressing labour exploitation in each sector. The chapter then considers the impact of rentier capitalism on work in productivist firms and the efficacy of existing protective labour and employment laws. It concludes by considering possible reforms to protective laws for rentier capitalism while recognizing their limits in worlds built on structures generative of labour exploitation.

North American regimes of industrial legality provide workers with protected rights to organize, bargain collectively and strike. However, they also limit the freedom to strike. Trade unions commonly accept and enforce these limits, but at great cost to solidarity and militancy. This article examines the many ways law works against labour by restricting the freedom to strike and explores the practice of unlawful strikes in North America, including recent examples that resulted in successful outcomes. It concludes with reflections on the revival of unlawful strikes as a tactic forrebuilding and remobilizing the North American labour movement. While the article’s focus is North America, the discussion of unlawful strikes may also be relevant in other countries that limit the freedom to strike.

The article reviews the book, "Caught in the Machinery: Workplace Accidents and Injured Workers in Nineteenth-Century Britain," by Jamie L. Bronstein.

The article focuses on the constitutional right to bargain collectively in Canada. Employers in Canada have adopted labour management policies that including resistance to and avoidance of collective bargaining, shifting from secure employment forms and increasing demand on the workforce. It mentions the Hospital Employees' Union (HEU) which had successfully fought a long battle to achieve pay equity for its largely female membership.

The article reviews the book, "The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law," by John Fabian Witt.

The article reviews the book, "Safety First: Technology, Labor, and Business in the Building of American Work Safety, 1870-1939," by Mark Aldrich.

During the first three quarters of the nineteenth century, the question of whether trade unions in Ontario were criminal conspiracies under common law was never clearly determined. By examining the development and interaction of the legal and social zones of toleration we can illuminate how law was shaped by and shaped early struggles between workers and employers. The statutory reforms of 1872 clearly defined a narrow zone of legal toleration in which trade unions were accepted as labour market organizations while the means they could to pursue their objectives were restricted. The contours of industrial legality which began to emerge during this period remain a salient feature of current labour law.

The article reviews the book, "Back to Work? Labour, State and Industrial Relations in Canada," by Bob Russell.

The development of industrial capitalism in the second half of the nineteenth century in Ontario brought new and more serious hazards into the workplace and drew women and children into the waged labour force. As a result of working class lobbying and the efforts of middle class reformers, the state empowered itself to regulate health and safety conditions in factories and to protect child and female labour. The implementation of these regulations was left to an inspectorate which was armed with substantial legal powers to enforce the law. These powers were rarely invoked by the inspectors. However, the failure to prosecute does not in itself indicate that the law was unenforced. An alternative enforcement strategy based on persuasion was followed by most inspectors. It has been argued that persuasion was chosen over prosecution because it made more efficient use of the scarce enforcement resources available to the inspectors, and that persuasion was effective. This paper argues that although it is true that the government chose to devote woefully inadequate resources to enforcement of factory legislation, this is not an adequate explanation of the inspectors' enforcement behaviour. The belief that persuasion was an effective enforcement model also flowed from the inspectors' values and assumptions, including the following: that worker carelessness was the major cause of accidents; that employers were socially responsible; that workers and employers had common interests in occupational health and safety; and that women and children needed special protection. It is further argued that persuasion was not an effective enforcement strategy, especially because it was linked with an acceptance by the inspectors of 'normal' industrial practices, even where those practices generated significant risks for workers. In effect, health and safety regulation probably did as much to legitimate industrial capitalism as it did to protect workers health and safety.

This article reviews the book, "Assault on the Worker: Occupational Health and Safety in Canada," by Charles E. Reasons, Lois L. Ross, and Craig Paterson.

This article reviews the book, "Safety at Work : The Limits of Self Regulation," by Sandra Dawson, Paul Willman, Martin Bamford & Alain Clinton.

This article reviews the book, "Unions in Court: Organized Labour and the Charter of Rights and Freedoms" by Larry Savage and Charles W. Smith.

Constitutional labour rights in Canada now protect workers’ freedom to organize and bargain collectively and to strike. These associational freedoms are especially important for public sector workers, the most frequent targets of legislation limiting their freedoms. However, the Supreme Court of Canada judgments recognizing these rights and freedoms have also introduced important ambiguities about their foundation, scope and level of protection. This brief comment locates these ambiguities in the context of Canada’s political economy and industrial relations regime, which are beset by contradiction and conflict. It then explores the origins and development of the jurisprudential ambiguities in constitutional labour rights through a survey of recent Supreme Court of Canada’s labour rights judgments, including most recently British Columbia Teachers’ Federation and British Columbia (2016).

Analyzes the historical and legal framework of restrictive labour laws that constrain the right to strike. Argues that, although the Supreme Court of Canada upheld the constitutional freedom to strike in 2015, the impact of the SCC ruling should be assessed within this broader context.

... Occupational health and safety regulation sits atop these structures of risk creation and distribution and historically has been shaped by the struggles of working people to limit the harm that unbridled capitalism would have otherwise inflicted upon them. The results, which are the subject of this chapter, have varied over time and place, and have secured real improvements for some workers. Given space limitations, the remainder of this chapter focuses on OHS regulation in advanced capitalist countries, with a concentration on the English-speaking world. The next section outlines the broad lines of the historical development of OHS regulation, beginning from the rise of industrial capitalism in the early nineteenth century through to the last decades of the twentieth century and the creation of a new mode of regulation, variously called regulated selfregulation or mandated partial self-regulation. The following section considers various debates over the performance of that regime, including the relation between self-regulation and state enforcement, the practice of state enforcement and the efficacy of worker participation rights. Finally, the last section of the chapter examines emerging OHS challenges to the regulatory regime. --From introduction

For Ontario workers during the industrial revolution the workplace was often an environment of terrible danger. Injuries and illness from unsafe working conditions were commonplace. Over time these conditions spurred efforts for reform from activists, legislators, and the courts. But change was slow in coming. To understand the impact of industrial revolution on the health and safety of workers generally, and on women and children in particular, tucker uses their testimony before various commissions, newspapers, and reported court cases. Initial efforts to effect change were made through the courts; they were largely unsuccessful. When the judiciary refused to regulate the risk-creating conduct of employers, through either the civil or the criminal law, workers and Victorian reformers found common ground in successfully promoting factory legislation. By prescribing and enforcing minimum standards, a measure of regulatory responsibility for the health of workers generally and women and children in particular was shifted from the market to the state. Class interest and gender ideology played a substantial role in this process. But the legislation's implementation belied its promise. The government was unwilling to provide adequate enforcement resources and inspectors accepted the conventional wisdom that workers had to adjust to the 'normal' hazards of industry, which were reasonable and, therefore, legal. Even when the accident rate began to soar as a result of the 'second industrial revolution, ' the authorities remained complacent. Tucker says that in industrial capitalist social formation, the nature and degree of hazards to which workers are exposed are determined largely by the employer-worker balance of power. Their respective power resources both shape and are shaped by the ideological, legal, political, and administrative environment in which they are deployed. Throughout the last half of the nineteenth century and up to the First World War, state regulation of occupational health and safety was substantially subordinated to market-driven forces; it still is today

This article is part of a larger study of Canadian labor law before the advent of statutory collective bargaining, which questions the traditional periodization and the meanings of the categories. It is often an un-articulated premise that the exercise by employers of their superior economic power, as imparted and structured through the law of property and contract, is not coercion. Rather, the analysis is restricted to direct state coercion, exercised through the criminal law, the police, and the injunction. This framework produces a partial view of the role of law and interferes with an analysis of the strategic choices made by workers and employers. By bringing 'normal' market relations back in, we can more fully examine the nuances of coercion and consent at a given time.

Causation analysis is densely political in at least three ways. First, because causation is crucial to our system of attributing moral, legal, and political responsibility, causation arguments are advanced for purely instrumental purposes. They do political work. Second, because any particular occurrence is the outcome of an almost infinite number of antecedent events, “but for” causation analysis produces trivial results. A judgment about causal significance is required and will depend, in part, on the goals of the analysis. The choice of goals is political, but unstated goals and hidden assumptions often exclude consideration of some possible causes as significant. Theses politics of causation need to be made explicit. Third, the institutional setting in which official determinations of causation are made influence the outcome. Hence, it is necessary to explore these as well. Each of these three dimensions of the politics of causation is explored through an analysis of the 1992 Westray Mine disaster which killed 29 miners in Nova Scotia, and the official responses to it. It is argued that if the goal is to protect workers and nothing else, the political-economic context that promotes the creation of hazardous conditions must be considered a significant cause of harmful occurrences. It is unlikely, however that any of the official responses to the disaster will take this approach.