Technology, Law, and the Working Environment: Revised Edition

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Island Press, 1996 - 641 páginas
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Technology, Law, and the Working Environment provides a thorough discussion of the legal issues relevant to technology-related workplace problems. It includes detailed chapters that examine occupational health and safety, toxic substance regulations, technology bargaining, and the law as it applies to the work environment. The authors explore the scope of right-to-know requirements and other worker rights, and examine the legal consequences of injury and disease for both workers and firms.After discussing the evolution of technology, work, and health since the turn of the century, the authors explore the economic and political forces that spurred the development of a variety of legal responses.Among the topics considered are: costs of occupational disease and injury market alternatives to regulating health and safety the role of economic considerations in setting standards the usefulness of economic analysis in regulatory decisionmaking the relationship between environmental regulation and workplace regulation Throughout, the text is supplemented with excerpts from key judicial decisions and selected expert commentaries that provide valuable insights into how to use the law to best effect in the workplace.
 

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Índice

Technology Work and Health
1
CHAPTER
2
CHAPTER
3
1945Present
9
Conclusion
33
Administrative Law
41
Administrative Rulemaking
59
E The Role of the Courts in Reviewing Agency Action
70
B The Right to Know
310
Employee and Workplace Monitoring
315
F 2d 728 3d Cir 1985
323
Mentzer M Unions Right to Information About Occupational Health Hazards
338
E State and Local Information Transfer Laws
345
F Potential Barriers to Disclosure
354
Retaliatory Employment Practices
371
The Right to Refuse Hazardous Work under Federal Labor Statutes
379

The Occupational Safety and Health Act of 1970
91
A Brief History of Standard Setting under the OSHAct
103
Emergency Temporary Standards
164
E Evolution of the General Duty Obligation
183
Discussion Questions for the Chapter
190
The Toxic Substances Control Act of 1976
193
Judicial Interpretations of the Act
204
Unreasonable Risk and Other Prerequisites to Regulation under
211
The Regulatory History of Formaldehyde
223
Economic Issues in Occupational Health and Safety
229
CostBenefit Analysis
246
Regulation of LaborManagement Relations Under the National Labor Relations Act
259
B The Essential Rights and Obligations
263
LaborManagement Health and Safety Committees
296
CHAPTER 7
304
Toxics Information Transfer in the Workplace
309
Protections from Other Retaliatory Employment Practices
398
E Exclusion from the Workplace Because of Presumed Susceptibility
425
Exclusion of Employees on the Basis of Human Monitoring Data
440
Compensation for Occupational Injury and Disease
447
B The Level of Compensation for Occupational Injury and Disease
454
Suits against Other Third Parties
478
Proof of Causation in Occupational Disease Cases Growing Out of Exposure
495
The Relationship Between Environmental and Workplace Regulation
501
Pollution Prevention
508
Chemical Safety and Accident Prevention
522
E Indoor Air Quality
528
APPENDIX A The Occupational Safety and Health Act
537
APPENDIX B The Toxic Substances Control Act
567
Index
617
Index of Cases
637
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Nicholas A. Ashford is professor of technology and policy at MIT and adjunct faculty at the Harvard and Boston University Schools of Public Health. Charles C. Caldart is lecturer in law and technology in the Department of Civil Engineering and research associate at the Center for Technology, Policy, and Industrial Development at MIT. He is also director of litigation at the National Environmental Law Center.

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