Is "legal globalization" the solution for the disorientation of health and safety at the workplace law?

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Abstract

Occupational health and safety Law is a field of Law where the stagnation of European Social Law is most being felt. The European Union Strategic Framework on Health and Safety at Work 2014-2020 was approved in june 2014, and the fear of a throwback that dominated the legal doctrine was confirmed, as the paradigm of the adaptation of the work to the worker seems to be changing into the worker’s adaptation to the work. Moreover, new challenges are presented to the field of Occupational Health and Safety, due to emerging risk factors that create new occupational risks, such as psychosocial risks, nanomaterial risks, aalcohol and drug dependence, among others. In the meanwhile, the European Union is challenged to present instruments that guide the Members States in these issues and that offer concrete solutions to the problems that arise in each Member State. The answer might be global, as the broader concept of health adopted by the World Health Organization seems to be most suitable to solve the worker’s problems, as well as the International Labor Organization’s Conventions. But is it possible to transcend the European legal boarders and seek for answers in those international organizations? In any case, is it preferable, in this matter, to have a legislative or hard law model, or, on the contrary, a self-regulation or soft law model?
Original languageEnglish
Pages200-218
Number of pages18
Publication statusPublished - 2014
EventCatólica Graduate Legal Research Conference 2014 - Universidade Católica Portuguesa, Porto, Portugal
Duration: 19 Sep 201420 Sep 2014

Conference

ConferenceCatólica Graduate Legal Research Conference 2014
Country/TerritoryPortugal
CityPorto
Period19/09/1420/09/14

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