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Has regulatory devolution injured American workers? A comparison of State and Federal Enforcement of Construction Safety Regulations

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Morantz, Alison D.

Stanford Law School - Stanford

2005

53 p.

construction industry ; implementation ; labour inspection role ; legislation ; notification of occupational accidents ; OSHA ; plant safety supervision ; regulatory impact ; survey ; workers' compensation

USA

Working Paper

308

Law

English

Bibliogr.;[Internet download]

"Although the issue of regulatory devolution has received much scholarly scrutiny, rigorous empirical studies of its effects on important policy outcomes are scarce. This paper explores the effects of partial regulatory devolution in the occupational safety arena by exploiting a unique historical anomaly whereby some states have enforced protective labor regulations enforced in other jurisdictions by the Occupational Safety and Health Administration. Analyzing data from the construction industry, this article contains several important findings. State inspectors apparently are more lax than OSHA officials, typically imposing lower fines per violation and having less measurable impact on inspected firms' regulatory compliance. Moreover, controlling for various other factors that may affect reported injuries, the estimated frequency of construction injuries is approximately ten percent higher with state enforcement. These findings call into question whether state enforcement is truly at least as effective as federal enforcement, as required under Section 18 of the OSH Act."

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