Regulating Decisions that Lead to Loss of Life in Workplaces

Abstract

Workplace deaths occur as a result of decisions made by a range of parties — employers, employees and the victim. These decisions can be seen to form the basis of regulatory efforts. This research proposes a categorisation of the decisions in terms of their timeframes — long-term, short-term and emergency — as well as non-decisions. The decisions will be explored through the use of decision-making theory, an engagement with the ‘agency-systems’ dichotomy, the conflict between the underlying policies of safety, efficiency and devolved decision-making, as well the concept of ‘resilience engineering’. By way of contrast, there will be reference to the regulation of iatrogenic deaths to further probe the value of the approach. The outcome is a call for a focus on the regulation of decisions, and a step away from the traditional focus on fatalities as outcomes.