论文部分内容阅读
美国1970年的《职业安全与健康法》全面确立了由联邦政府统一规制职业安全与健康的模式。在该法出台之前,职业安全与健康主要由劳动力市场、工伤补偿体系以及侵权救济进行调整。不过,由于这三种调整方式自身的缺陷,无法为雇主提供足够的动机促进工作场所的安全与健康状况,这就为美国联邦政府对职业安全与健康进行规制提供了正当化依据。政府规制可以弥补上述三种调整模式的缺陷,直接要求雇主遵守相关标准以改善工作场所的安全与健康状况。由于缺乏正当化基础的论证,我国政府的职业安全与健康规制法律法规尚不完善。美国职业安全与健康规制的正当化基础可供我国借鉴,以便于进一步强化及完善职业安全与健康的规制体系。
The 1970 Occupational Safety and Health Act of the United States fully established a model for the uniform regulation of occupational safety and health by the federal government. Before the introduction of the law, occupational safety and health were mainly adjusted by the labor market, work injury compensation system and tort relief. However, due to the flaws of these three adjustment methods, it is impossible to provide employers with sufficient motivation to promote safety and health in the workplace. This provides a justifiable basis for the federal government to regulate occupational safety and health. Government regulation can remedy the shortcomings of the above three modes of adjustment and directly require employers to comply with the relevant standards so as to improve the safety and health conditions in the workplace. Due to the lack of justification on the basis of legitimacy, the laws and regulations on occupational safety and health regulation in our government are not yet perfect. The justified foundation of the U.S. occupational safety and health regulation can be borrowed by our country in order to further strengthen and improve the regulatory system of occupational safety and health.