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Making Companies Safe - what works? (CCA ... - Unite the Union

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Similarly, firms might make an economic calculation that lost-time injuries cost more<br />

(in productivity terms) than occupational diseases characterised by long latency periods<br />

and difficulty in proving that <strong>the</strong> condition was caused by work (such as lung cancer). In<br />

economic terms, it would be perfectly rational for employers to reduce expenditure aimed at<br />

minimising workers’ exposure to carcinogens, even where this resulted in a significant risk to<br />

workers, and spend that money instead on reducing slips, trips and falls. Not only, <strong>the</strong>refore,<br />

might employers fail to safeguard workers in relation to <strong>the</strong> full range of health and safety<br />

hazards, but <strong>the</strong>y might also prioritise less serious hazards over life-threatening diseases<br />

simply because <strong>the</strong> less serious hazards cost <strong>the</strong> firm more.<br />

An example from <strong>the</strong> empirical literature is <strong>the</strong> case of <strong>the</strong> Esso Gas Plant explosion, which<br />

occurred outside Melbourne. Evidence suggests that management were conflicted between<br />

<strong>the</strong> need to control potential major hazards arising from business operations at <strong>the</strong> Longford<br />

plant, and <strong>the</strong> need to reduce <strong>the</strong> costs of lost time injuries. They chose to focus on <strong>the</strong><br />

latter at <strong>the</strong> expense of <strong>the</strong> former, with disastrous results. 19<br />

There are <strong>the</strong>n potential dangers to workers in advocating an approach based on economic<br />

calculation, since <strong>the</strong> logical extension of <strong>the</strong> HSE’s argument is that “<strong>the</strong> rational employer<br />

should… prioritise <strong>the</strong> avoidance of accidents by reference to potential financial returns” 20<br />

ra<strong>the</strong>r than by reference to <strong>the</strong> relative risks to workers health and safety posed by a range of<br />

existing hazards.<br />

Reputational Risk<br />

Whilst government agencies have not been particularly successful in persuading companies<br />

of <strong>the</strong> economic benefits of improved Occupational Health and <strong>Safe</strong>ty performance, it is now<br />

being suggested that regulators should concentrate on persuading employers that safety pays<br />

in terms of o<strong>the</strong>r (sometimes non-tangible) business benefits, which never<strong>the</strong>less ultimately<br />

affect <strong>the</strong> bottom line. 21 There is some support for <strong>the</strong> contention that reputational risk<br />

motivates employers to comply with <strong>the</strong> law. 22 For instance, an OECD report found that:<br />

“many enterprises are motivated to comply with <strong>the</strong> law, or at least to appear to<br />

comply with <strong>the</strong> law, in order to maintain <strong>the</strong>ir legitimacy in <strong>the</strong> eyes of <strong>the</strong><br />

government, industry peers, and <strong>the</strong> public… Hoffman’s (1997) study of<br />

corporate environmentalism in <strong>the</strong> US petroleum and chemicals industry uses<br />

neo-institutional <strong>the</strong>ory to explain why <strong>the</strong> growth in corporate attention to<br />

environmental issues did not follow trends in volume of new environmental laws<br />

and regulations nor growth in industrial expenditure on environmental issues as<br />

deterrence <strong>the</strong>ory would predict, but ra<strong>the</strong>r rose and declined with public<br />

concern with environmentalism… Similarly Rees’ (1997) study of <strong>the</strong> emergence<br />

of <strong>the</strong> US Chemical Manufacturers’ Association, Responsible Care, self-regulatory<br />

programme also finds that it was <strong>the</strong> imperatives of institutional legitimacy that<br />

forced chemical companies to regulate <strong>the</strong>mselves after <strong>the</strong> Bhopal accident,<br />

ra<strong>the</strong>r than a simple model of deterrence.” 23<br />

However, <strong>the</strong>re are two problems with a straightforward acceptance that ‘repuational risk’ is<br />

a significant motivator of firm behaviour. First, as <strong>the</strong> OECD report acknowledges:<br />

“a number of scholars who have researched in this area have pointed out<br />

that often a concern with legitimacy can motivate enterprises to manage <strong>the</strong>ir<br />

image of compliance, without necessarily complying substantively with <strong>the</strong><br />

requirements of regulation”. 24<br />

72<br />

Second, much of <strong>the</strong> evidence concerning <strong>the</strong> effects of public opinion come from<br />

studies concerned with industry initiatives in relation to environmental management whereas<br />

evidence on <strong>the</strong> extent to which reputational factors influence health and safety management<br />

have been mixed. For instance, an evaluation of <strong>the</strong> ‘Good Health is Good Business’ campaign<br />

found that only 2% of respondents (including both large organisations and SMEs) made<br />

improvements mainly due to <strong>the</strong> wish to improve company image and reputation. And only<br />

1% of respondents cited shareholder, bank, or public pressure as <strong>the</strong> main reason for making<br />

improvements. 25

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