Regulating health and safety at the workplace: Prescriptive approach vs goal-oriented approach

Abstract

Securing a healthy and safe workplace is the major objective of modern occupational health and safety (OHS) law. In both China and the EU, OHS is seen as an important area to be regulated by law. The objective of this research is to obtain a better view of, and insight into, the approaches adopted by the jurisdictions being researched by means of a comparative and critical analysis of the similarities and differences between the approaches concerned aiming at the protection of health and safety of workers in the workplace. The main research question is: Does China have a prescriptive, and the European Union (EU) a goal-oriented, approach in OHS law? In order to answer this question, this research takes a four-phase comparative law approach. After comparison, it is found that the EU system as well as the Chinese system are characterised by a mixture of general norms and obligations and a body of more detailed prescriptive rules, although the extent of the norms, obligations and rules in each system differs. Furthermore, it is arguable that for legislation to be effective, it is important to elaborate the general principles and the general obligations as precisely as possible, otherwise the principles will remain merely principles and general obligations will remain solely general obligations and may ultimately not become effective.