Deterrence and Enforcement of Occupational Health and Safety Law

Abstract

Deterrence is a central consideration in the regulation of occupational health and safety (OHS) and has been the focus of increased empirical attention by regulators and researchers in recent decades. This article provides an evaluation of quantitative and qualitative studies that have sought to determine the deterrent effect of OHS enforcement on employer behaviour. The main findings are that enforcement does result in deterrence where sanctions are involved but not in the manner presumed by traditional deterrence theory, that the certainty of enforcement appears to be the most important component of deterrence, and that specific deterrence is greater than general deterrence. It is also apparent that there are many gaps in the understanding of the role played by enforcement in promoting compliance with OHS obligations and in reducing work-related injury. Apart from their implications for enforcement activity, these findings highlight the necessity for a fundamental re-conceptualization of deterrence theory.