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Regulatory inspection and the changing legitimacy of health and safety

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  • Paul Almond
  • Mike Esbester

Abstract

The regulation of conduct via law is a key mechanism through which broader social meanings are negotiated and expressed. The use of regulatory tools to bring about desired outcomes reflects existing social and political understandings of institutional legitimacy, the meanings attached to regulation, and the values it seeks to advance. But these contextual understandings are not static, and their evolution poses challenges for regulators, particularly when they reflect political framing processes. This paper shows how inspection has been reshaped as a tool within the United Kingdom's health and safety system by changes in the meanings attached to the concept of “risk‐based regulation.” While rates of inspection have fallen dramatically in recent years, the nature and quality of inspection have also been fundamentally reshaped via an increasingly procedural and economically rational “risk‐based” policy context. This has had consequences for the transformative and symbolic value of inspection as a tool of regulatory practice.

Suggested Citation

  • Paul Almond & Mike Esbester, 2018. "Regulatory inspection and the changing legitimacy of health and safety," Regulation & Governance, John Wiley & Sons, vol. 12(1), pages 46-63, March.
    • Handle: RePEc:wly:reggov:v:12:y:2018:i:1:p:46-63
    DOI: 10.1111/rego.12155
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    References listed on IDEAS

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    1. Julia Black & Robert Baldwin, 2012. "When risk‐based regulation aims low: Approaches and challenges," Regulation & Governance, John Wiley & Sons, vol. 6(1), pages 2-22, March.
    2. Julia Black & Robert Baldwin, 2012. "When risk‐based regulation aims low: A strategic framework," Regulation & Governance, John Wiley & Sons, vol. 6(2), pages 131-148, June.
    3. Hood, Christopher & Rothstein, Henry & Baldwin, Robert, 2004. "The Government of Risk: Understanding Risk Regulation Regimes," OUP Catalogue, Oxford University Press, number 9780199270019, Decembrie.
    4. H. Felix Kloman, 1990. "Risk Management Agonistes," Risk Analysis, John Wiley & Sons, vol. 10(2), pages 201-205, June.
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    Cited by:

    1. Marie Nilsen & Trond Kongsvik & Stian Antonsen, 2022. "Taming Proteus: Challenges for Risk Regulation of Powerful Digital Labor Platforms," IJERPH, MDPI, vol. 19(10), pages 1-23, May.
    2. Oscar Rikhotso & Thabiso John Morodi & Daniel Masilu Masekameni, 2021. "Occupational Health Hazards: Employer, Employee, and Labour Union Concerns," IJERPH, MDPI, vol. 18(10), pages 1-61, May.

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