Michael Quinlan, Claire Mayhew and Philip Bohle
THE GLOBAL EXPANSION OF PRECARIOUS EMPLOYMENT, WORK
DISORGANISATION AND OCCUPATIONAL HEALTH: A REVIEW OF RECENT
RESEARCH
International Journal of Health Services, Vol 31 Number 2 - 2001
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abstract
introduction
a review of recent research on the OHS effects of precarious employment
regulatory problems, the emerging policy response and new strategies
placing current problems in comparative historical perspective
Abstract
The paper is divided into two principal sections. The first part of the paper reviews a range of
studies of the health effects of precarious employment in industrialised societies undertaken over
the last ten years. The part of the paper examines methodological issues, findings and areas in
need of further research. Of the more than 50 published articles and monographs identified all
but a handful found precarious employment was associated with a deterioration in occupational
health and safety in terms of injury rates, hazard exposures or worker (and manager) knowledge
of OHS and regulatory responsibilities. It also identifies a need by researchers to more clearly
link the health effects to particular business practices and neo-liberal policies and to explore the
regulatory implications of the growth of precarious employment. This section also tries to draw
some general conclusions as to how to conceptualise the association between precarious
employment and occupational health. The Second section of the paper tries to place this research
in a comparative historical context. It is argued that extensive use of precarious employment is
not essentially new. It was a characteristic feature of most if not all industrialised societies at an
earlier period, namely the 19th and first part of the 20th century. Without claiming the both phases
are identical, historical comparisons are instructive in terms of understanding recent experiences
and ways of addressing them. This section of the paper also makes comparisons with the third
world where the informal sector typically accounts for over the half the workforce. Again, it is
argued such comparisons are instructive in indicating the consequences of a shift to more
precarious patterns of employment and disorganised work settings. Further, there is good
evidence that precarious employment is expanding in the third world. Growing precarious
employment in both industrialised and developing countries are not coincidental but connected
and the paper identifies a number of these mechanisms that are impacting on workers’ health.
Introduction
This paper focuses on the association between precarious employment and the health of workers
although we recognise that the expansion of contingent work arrangements can have wider health
effects for the community. For example, outsourcing maintenance in the transport industry and
healthcare can have serious consequences for commuters and patients respectively. Equally, it is
arguable that the low income, long hours and production pressures on contingent workers such as
self-employed truck drivers or home-based workers (such as those sewing garments) can - in as
much as it effects nutrition, accommodation, healthcare and domestic relations - have not
inconsequential implications for the health and well-being of family members.
Recent Research on the OHS effects of precarious employment
Methods
In the main we have confined our review to refereed articles published by journals in the fields of
health/medicine, work sociology, work or health psychology, industrial relations, management
and law. We have also a number of research monographs (most notably by French scholars)
which are based on substantial empirical work but for which we were aware of no journal
publication. Although we have tried to avoid double counting, we have included more than one
publication based on the same empirical data where each presents substantially new information
or analysis (including cases where a number of surveys are combined).
The survey does not include studies that only consider the impact of organisational change on job
satisfaction. While job satisfaction is relevant to worker health and well-being this literature is
vast, making meaningful comparisons difficult. Here we have chosen to focus on studies that
include other and generally more direct measures of health effects, or measures of legal and other
knowledge specifically tied to OHS. The survey does include studies of OHS in small business.
Small business has been included for several reasons even though this literature seldom makes a
explicit connection to precarious employment. First, micro-small business in particular can
arguably be regarded as a form of precarious employment (including many self-employed
workers and subcontractors). Second, its growing significance in terms of employment has been a
direct consequence of outsourcing/competitive tendering and organisational restructuring. Third,
small business tends to employ more than proportionate number of temporary, part-time, homebased and other types of contingent workers than larger enterprises (for the USA see Wiatrowski,
1994).
Insert Table 1: Summary of Published Research on the association between precarious
employment and occupational health and safety
Results and Discussion
The most immediate observation that can be made is that, notwithstanding the wide array of
methodologies employed and diversity of countries where the research too place, almost all
studies find an association between precarious employment and a negative indicator of OHS.
One area of omission in most the research is a failure to explore the consequences of the
expansion of precarious employment for work/non-work relations. The growth of precarious
employment can effect the balance of work and non-work activities in a number of ways. First,
for particular categories of precarious workers, most notably home-based workers and their selfemployed, there is (as has always occurred for women, see Messing), a progressive blurring
between private and public spheres of activity. Second, the job and income insecurities associated
with precarious employment, the excessive hours associated with some jobs (like truck driving)
or the incompatibility of specified work schedules with family commitments (including part-time
workers, see Dwyer, 1994) can impact on domestic roles and relationships of workers.
Table 2: Risk Factors Associated with Precarious Employment
Economic and Reward Factors
Competition/under-bidding of tenders

Taskwork/payment by results

Iong hours

Under-qualification and Iack of resources (ie like small business)

Off-loading high risk activities

Disorganisation
Ambiguity in rules, work practices and procedures

Inter-group/inter-worker communication

More complicated lines of management control

Splintering of OHS management system

Inability of outsourced workers to organise/protect themselves

Increased Likelihood of Regulatory Failure
OHS laws focus on employees in large enterprises

OHS agencies fail to develop adequate support materials

OHS agencies fail to pursue appropriate compliance strategies

Problematic coverage by labour minimum standards laws

Problematic coverage by workers' compensation

Of course this is a crude typology (crude typologies can still be useful!) and there may be other
ways of conceptualising the link between precarious employment and OHS. One possibility in
this regard is the large and growing body of medical and psychological research which has linked
work organisation to health outcomes using Karasek’s job strain model or some derivative of this.
Measuring job demands on and the decision latitude of precarious workers would seem to have
real potential, especially in terms of explaining health effects beyond traumatic injuries and in
debunking misleading legal interpretations of the degree of independence and control exercised
by most self-employed contractors. …Levels of control
Unfortunately, until comparatively recently most studies using this model failed to differentiate
employment status or focused on full-time and relatively secure workers. A study by Brisson et al
(1998) did differentiate by employment status (ie permanent/non-permanent) and found
More recently, a number of researchers prominent in this area including Aronsson and
Netterstrom have already undertaken either new research on precarious employment or have
extended their earlier work into new studies which take explicit account of this aspect (see
Netterstrom’s study comparing CVD for outsourced and non-outsourced bus drivers). Further,
some researchers involved in the Whitehall studies are beginning to look at this aspect while a
growing interest in management systems amongst US researchers involved in studying bus
drivers is indicative of a similar shift (see Landsbergis et al 1999).
Another protential link is the body of research on new ‘production concepts’ (like just in time,
lean production) and methods of managing workers (such as business process re-engineering,
engineered standards). Unfortunately the bulk of research in this area has focused on industries
with still relative conventional employment structures (such as automobile manufacturing) and
has either ignored or made only limited reference to the OHS outcomes of such systems (see
Landsbergis et al 1999). Equally, for their part OHS researchers have only recently begun to look
at management systems. One study to make the link between precarious employment, new
management methods of work organisation and OHS is Wright and Lund’s (1996, 1998) studies
of the introduction of engineered standards into grocery warehousing in the USA and Australia.
Their study shows that the employment of temporary workers was an integral part of a new
intensified work system with these workers being used as rate-busters and setting performance
levels which NIOSH studies found to be unsustainable. Unfortunately, the examination of the
OHS effects is insufficient to be included in Table 1 although their offers some important leads
for future research. precarious employment and the new Taylorism (Wright & Lund on
warehousing) and Toomingas et al on telecall centres and work specialisation (see also
Aronsson et al, 1994).
Professional, Institutional and Regulatory Effects
In addition to affecting basic indicators of worker health, safety and well-being, it seems clear
that the growth of precarious employment also has a series of effects on various groups of OHS
professionals, institutions and regulatory apparatuses. Unfortunately, until very recently these
aspects went unrecognised or were ignored by researchers. What evidence we do have indicates
these effects compound problems already identified and also make it increasingly difficult for
practitioners, policy-makers and others to manage them using conventional devices. The
remainder of this section will briefly summarise this evidence and indicate a number of areas
where further research is required.
The presence of contingent workers can create problems for OHS professionals in a number of
ways. For example, the existence of large and volatile temporary workforce, including contractors
coming on and off-site, or workers employed at home and in other remote locations will make it
more difficult for OHS managers or professionals like OHS medical practitioners and nurses to
ensure adequate safety training and induction. Similar logistical problems may arise in relation to
pre-placement medical examinations and surveillance, undertaking risk assessment of all work
processes and maintaining adequate injury, incident etc records – including those required under
legislation (Gyi et al, 1998; Morris, 1999:477). The problems arise not simply from workforce
volatility associated with precarious employment but also an increase reporting problems
identified by existing research (Morris, 1999; Quinlan and Mayhew, 1999).
Effects on OHS Professions
It is now becoming clear that the growth of precarious employment has implications for OHS
practitioners and professions such OHS manager, occupational physicians, ergonomists,
rehabilitation counsellors and occupational health service providers more generally.
Unfortunately, this area has been little research. However, a number of effects can be identified.
First, change processes may directly affect OHS services within an organisation where the OHS
unit is reduced, splintered or in other ways reorganised in tandem with downsizing, devolution or
other forms of restructuring by the employer concerned. In some cases all or part of the OHS
function (including rehabilitation) may be outsourced.
Second, quite apart from their own restructuring internal units and individuals primarily
responsible for managing OHS will need to address the challenges if not additional burden of
dealing with the morale etc problems of workforce reductions and loss of experienced workers,
the risks associated with an increase in temporary workers or contractors to give but two
examples. These problems will also impact on outside OHS service providers as well as other
firms and agencies dealing with injured workers (such as insurers and rehabilitation providers).
For example, those involved in rehabilitation will need to confront issues of how to help a injured
worker employed on a temporary basis where the employer has no real interest in their fate or
future prospects. Even where OH services are mandated as in parts of the EU, there coverage of
smaller workplaces and firms has been problematic and the growth of more disorganised worksettings is almost certain to amplify problems of both coverage and the quality of service
provided.
At the very least these problems will present new and significant challenges. Some (see Gibson,
1999) suggest OHS specialists and practitioners will need to develop new skills and competencies
if they are to exert an impact and retain their relevance. These include a greater need to
understand business strategies and integrated management systems, to deal with special groups
such as contractors and home-based workers, to assess and respond to changes in technology,
work systems and workforce demographics; to simultaneously deal with long latency hazards and
a transient workforce and to involve themselves in other areas affecting OHS such as collective
bargaining.
Methodological Issues and Problems
One obvious methodological question that these findings raise is why a serious deterioration in
health indices identified has not been apparent in official OHS statistics. There are number of
possible (and not necessarily mutually exclusive) reasons for this. At the general level, it could be
that the deterioration may have been masked by an overall improvement in OHS due to intersectoral shifts in employment (notably from manufacturing, mining and construction to the
service sector). At a more specific level, it could be suggested that the way OHS statistics are
constructed in most countries does not just ignore differences in employment status but may
actually disguise these effects (see below). Further, in some countries the matching of OHS
statistics with data on employment status is made difficult because government statistical
agencies have only recently tried to identify the extent of these employment arrangements
through irregular surveys. Thus, data-matching is difficult and in the USA, if not elsewhere, this
problem is compounded by the arbitrarily narrow definition of contingent work and temporary
jobs used by the Bureau of Labor Statistics (see Quinlan and Mayhew, 1999). It should also be
noted that until recently researchers simply did not look for these effects although when they did,
as Foley’s (1998) study shows, a significant effect was discernable.
It is also possible that reporting effects have masked the deterioration. Official OHS statistics are
often based on workers’ compensation claims that are known to significantly understate the actual
incidence of occupational illness, including substantial omissions in relations to disease, acute
and chronic injuries. A growth in precarious employment will almost certainly compound these
omissions. For example, identifying a disease related to occupational exposure becomes
immensely more difficult where a worker has held a series of relatively short terms jobs in a
diverse range of work-settings. In a similar vein retrospective epidemiological studies will
become more difficult because it is less likely that an occupationally related disease will be
recorded on a death certificate. For workers having held a series of jobs it will even be difficult to
record ‘usual occupation’ (a requirement for death certificates in the USA and other countries)
with any degree of accuracy. The problem is liable to be most acute for male workers, given the
already high error rate for working women whose occupation is entered as ‘housewife’ (Zahm,
2000:443).
There is also a suspicion in at least some countries that the gap between incidence and claims
may have widened over the past decade due to changes in workers’ compensation regimes, the
introduction of managed care etc. Hence, the apparent improvement in OHS statistics may be, at
least in part, an artefact of reporting. More to the point, in many countries the expansion of
precarious employment has meant an increasing number of workers (like self-employed
subcontractors) who are either formally excluded from compensation coverage or subject to
voluntary (rather than compulsory) cover. For a much larger group cover is uncertain or workers
are reluctant to make claims for fear of interfering with income flows or future employment
prospects (Quinlan and Mayhew, 1999). Clearly, to make meaningful comparisons using official
data requires better knowledge of the employment status and claims behaviour of particular
categories of workers (say between hospital-based nurses and those in nursing homes or homebased health care). Available evidence indicates those occupying precarious jobs are more
reluctant to report injury, delay reporting or only report severe injuries. This means that identified
associations may understate frequency or produce a bias towards serious injury amongst the
contingent group. A recent USA study (Meyer and Muntaner, 1999) using compensation data
found home-based health nurses/nursing aides experienced fewer injuries than their counterparts
in nursing homes, but more than hospital-based staff and their claims also resulted in more lost
time and costs than both nursing home and hospital staff. Knowledge of reporting effects as well
as work practices may help to understand why home-care workers appear to have more severe
injury. Further, information on the employment status of nursing home personnel might indicate
whether there was under-reporting in relation to this group (due to a higher level of temporary
employment than hospital staff). While it is impossible to indicate all the permutations here
researchers need to be aware of these issues in both constructing studies and, equally importantly,
interpreting their findings.
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fragmented research using different methodologies and different definitiions
reporting and measurement problems (in some industries there is no comparitor)
problem with cohort studies where no cohort
limits/strengths with self-reported health effects
ability of surveys to assess historical changes, institutional and regulatory effects
It is important to put criticisms of the methodological problems facing research into precarious
employment into context. Indirectly if not explicitly, this research has highlighted some important
methodological flaws in previous research. Research into precarious employment is leading to a
greater recognition of reporting effects. This includes an increased questioning of the use of
workers’ compensation-based data – at least without considerable and explicit reservations. There
is also growing recognition that the health impacts of organisational downsizing may be masked
or complicated by the over-representation of older and less health workers amongst those
displaced and a reluctance of surviving workers to report illness or take absence for fear this will
endanger their job. It may also lead to increased claims amongst those whose fate has already
been decided.
Further, it is now increasingly clear that the exclusion of temporary workers from the survey
population (based on a particular workplace, company or group of employers) – a practice often
at best only glibly acknowledged by researchers (usually on the basis of inadequate medical
records. See van Poppel et al, 1998) could constitute a serious source of bias to any interpretation
of OHS indices or intervention measures designed to modify this or worker rehabilitation. While
it is acceptable, indeed useful, to express injury or disease incidence in terms of equivalent fulltime workers (requiring a recalculation where workers are employed for shorter hours) the
findings of research on precarious employment indicate that dis-aggregated comparisons are also
warranted. I am also unaware as to whether similar conventions are devised where workers are
employed well-beyond the hours normally ascribed to full-time work. But even if they were it is
well known that excessive hours can pose particular risks. Given this, and the clear connection
between very long hours and some groups of precarious workers (like long distance truck drivers,
home-based garment makers etc), there is another ground for dis-aggregating groups so any
significant disparity amongst them in terms of incidence can be clearly identified.
In some cases methodological bias appears less accidental than a reflection of dominant
managerial interests. For example, it seems more than coincidental that while there are relatively
few studies on the health impacts of downsizing and other forms of organisational restructuring
(de-regulation, privatization etc) there is an extensive psychological literature on interventions
(like counselling, social support etc) to moderate worker dissatisfaction and ‘non-compliant job
behaviour’ associated with these same practices or job insecurity more generally (see Lim, 1997 –
a study also based on MBA alumni which, as Platt et al, 1998:23 point out is hardly
representative of workers affected by labour market change).
The growth of precarious employment may also require modification of other research agendas,
including the growing bodies of research on the OHS implications of an ageing workforce, and
women’s OHS (where insufficient recognition is given to the fact that the majority of women
occupy contingent jobs). It should also cause us to question the occupational focus and
orientation of the extensive research shiftwork and occupational stress. In both cases we would
suggest researchers have tended to focus on occupations that are unrepresentative of the
workforce undertaking shiftwork or at risk of occupational stress either in terms of the type of
work (this has been recognised) but also, and perhaps more importantly, in terms of employment
status. Virtually all the shiftwork and occupational stress literature examines full-time workers in
jobs that are presumed to be ongoing (although the occupational stress literature is now
examining downsizing). This can be seen in the selection of occupations for studies. Even where,
some popular targets of shiftwork research, such as nurses, have experienced a significant growth
in casualisation, part-time employment and outsourcing, with rare exceptions these changes have
gone unrecognised. More important perhaps, we can readily identify a number of industries such
as hospitality and retailing that employ substantial number of workers in shift arrangements and
where many of these hold part-time or temporary posts. In other industries involving shiftwork,
like road transport and mining, the use of contractors is already widespread or is growing
(depending on the countries involved) and outsourcing/labour-hire arrangements is extending this
to other areas (like stevedoring, rail and air-transport). Even where there has been a significant
shift to casualisation, part-time work and outsourcing It is worth noting in passing that the
connection between ‘flag of convenience’ shipping has created a precariously employed maritime
workforce (fishermen are another precariously employed group working non-standard hours) and
similar trends are emerging in other sectors (like airlines).
3.0 The Regulatory Implications of Labour Market Changes
Overall, evidence is fragmentary, especially when definitional and methodological issues are
taken into account (see Platt et al 1998 and Aronsson, 1998). Nevertheless, there are increasing
grounds for concern that the growth of precarious employment is having an adverse effect on
OHS in industrialised societies even if the extent of the problem varies between countries. Most
studies deal with injuries although there is some evidence on disease (Netterstrom and Hanson,
1998). There is also some evidence that the shift to precarious employment may increase the risk
of various forms of occupational violence (including harassment) or at least make this issue more
difficult to manage (Mayhew and Quinlan, forthcoming). It should be emphasised that these
effects may be masked in official statistics because the same labour market changes affect
workers’ compensation/health insurance claims data as well as other data sources (Quinlan, 1999,
Quinlan and Mayhew, 1999). These changes also pose direct and indirect challenges to prevailing
regulatory regimes concerned with safeguarding workers and it is to this that attention will now
turn.
Historically, the OHS regulatory regimes of most industrialised countries focused on full-time
employees in large workplaces. While laws purported to cover all workers little compliance
activity was directed at smaller workplaces, subcontractors or more casualised forms of
employment. The same applied to the provision of preventative services, with the impact of the
European Framework Directive being mainly confined to large firms (Walters, 1997:267-8).
From the late 1980s government agencies in the EU, North America and Australia increasingly
recognised that that lifting OHS performance in small firms required specialised materials and
strategies (OSHA, 1997; Lamm, 1995; Hassle and Limborg, 1997; and Mayhew et al, 1997).
However, only in exceptional cases like Denmark was small business comprehensively
incorporated into compliance programs (Jensen, 1996). In the USA, Wiatrowski (1994:34) reports
that establishments with 10 or fewer employees are not required to keep OHS records and are not
subject to inspections. Even in countries without formal exemptions, inspectoral activity
continues to focus on large workplaces. Risks to younger workers have also begun to attract
recent attention, backed in some cases by community group and union initiatives (see Ontario
Ministry of Labour, 1997). Articles 6 and 7 of the European Directive on the Protection of Young
People at Work (94/33/EC) require employers to take account of young workers, lack of
experience, awareness and maturity when assessing risks and allocating tasks. Parents of schoolage children are also to be informed about risk assessment outcomes and control measures.
However, the best that can be said is that implementation of these provisions by member
countries has varied widely.
The OHS problems of outsourcing have evoked a generally muted response. In a number of
countries OHS agencies produced employer guidance material on managing contractors (see
Victorian WorkCover Authority, 1996 and Health and Safety Executive, 1997). These initiatives
are still exceptional and often restricted to a particular industry like construction or local
government. Some agencies have made increasing use of the general duty provisions in OHS
legislation to prosecute employers, major contractors and labour hire agencies for failing to
provide a safe system of work for outsourced workers. This activity has had a limited effect and
in areas like road transport safety enforcement continues to ignore subcontracting (Mayhew and
Quinlan, 1997b). In the EU recent efforts to extend the Working Time Directive (93/104/EC) to
include road transport (that employs around 3.5 million workers) were opposed by employers,
partly on the grounds that many drivers were self-employed. An existing European Regulation
(3820/85) stipulated maximum driving hours for both employed and self-employed drivers but
this did not cover activities like loading and unloading that often formed an important part of
driver’s tasks (European Commission, 1997). Following considerable consultation involving the
European Trades Union Congress (ETUC) and the Union of Industrial and Employer’s
Confederations (UNICE), the European Commission proposed to guarantee rest-periods and limit
maximum annual hours for all mobile workers. UNICE opposed this measure, arguing all
member states already had some form of working time regulation and advocating a
voluntary/non-binding sector-specific approach. Yet, as the 1997 White Paper had noted, there
was no consistency in member-state regulations (almost certainly exacerbated by variations in
compliance) and the competitive advantages derived from perpetuating such differences
warranted a Community-wide approach.
In some countries at least the regulatory apparatus dealing with subcontracting is either
ambiguous, not enforced or actually discourages major contractors from taking an overriding
responsibility for OHS (see Rebitzer, 1995:56). It is also a moot point as to whether OHS agency
initiatives are being overwhelmed by the promotion of competitive tendering/outsourcing as part
of the microeconomic reform agenda being pursued in many industrialised countries. In Britain
and Australia, for instance, OHS problems were largely ignored during the development of
competitive tendering/outsourcing programs (Tombs, 1996:321 and Industry Commission,
1995:189). Tombs (1996) concludes that while the conservative Thatcher government abandoned
a direct assault on OHS regulation its pursuit of privatisation/competitive tendering and other deregulationist policies undermined the ability of the OHS agency to carry out its mandated
functions.
There has also been limited recognition of the need for new regulations and compliance strategies
on part-time and temporary workers. In 1990 the European Commission adopted a draft Directive
on the protection of health and safety for part-time, temporary and seasonal workers. It is unclear
how far this measure has been implemented and there have been no comparable steps in countries
like Australia with comparatively high levels of part-time and casual labour. In 1997 the Italian
Ministry of Labour and Social Insurance prepared a report (Synthesis, 1997) on the relationship
between temporary work, ‘accident’ prevention and security. The report (1997:20-2) identified a
number of familiar risk factors (isolation, poor communication and training, disorganisation and
inexperience) and called for a significant re-fashioning of regulatory intervention (not simply the
laws directly governing OHS) and reconsideration of EU Directives (such as 91/383/EU).
Looking at Britain and France, the report (1997:3) argued French law demonstrated the only way
to protect temporary workers was to ensure parity of treatment between this group and permanent
workers. It therefore advocated efforts to bring the submerged world of precarious employment
into the mainstream of labour regulation. Other proposals included the identification of jobs
requiring special surveillance measures, inclusion of OHS in various levels of education/training
and a separate law establishing norms of health and security protection for ‘unusual’ workers.
Most of these proposals have yet to be implemented although in June 1997 a bill regulating
temporary agency labour was introduced into the Italian parliament.
Governments have been equally slow to respond to the growth of home-based work and telework
(de Vries, 1996:69-105). Both the European Union and several member countries have
commissioned preliminary reports on the OHS problems and regulatory issues raised by telework
and home-based work (Huuhtanen, 1997; de Vries, 1996; and Westberg, 1997). In the
Netherlands, the Dutch Working Environment Act covers employed but not self-employed
teleworkers (de Vries, 1996:91). Regulatory coverage means little without compliance activity
and inspecting home-based workplaces remains the logistical nightmare it was 100 years ago
(Mayhew and Quinlan 1999). The European Commission has called on member states to ratify
the 1996 ILO convention on homeworking. More recent Commission documents have identified
the difficulty of using conventional regulatory solutions in relation to small business and
contingent workers (European Agency for Safety and Health at Work, 1998:12,35).
Overall, governments and international agencies have only recently responded to the challenges
posed by changing labour market structures (for a discussion on Europe see Walters, 1996b). A
recent ILO report on contract labour contained only a brief reference to OHS (Egger, 1997:8).
Neo-liberal governments in Canada and elsewhere have even used the growth of small business to
justify a more de-regulated approach to OHS, arguing that existing regulation is being rendered
irrelevant (Witmer, 1997). In Britain a Health and Safety Executive (1996) discussion paper on
the regulatory implications of labour market restructuring rejected the wholesale exemption of
self-employed workers from OHS laws (although change in construction regulations had this
effect. Mayhew and Quinlan, 1997a:199-200) but also failed to recommend initiatives on
contingent workers. In the USA a recent paper by Rosentock (1998) on emerging research issues
for NIOSH identified problems associated with an aging and more diverse workforce, more
unconventional working hours and changes to work organisation but there seems little prospect of
regulatory initiatives on contingent work. Although most governments have ignored the
cost/benefit implications of labour market restructuring. However, a report prepared for the
Netherlands Ministry of Social Affairs and Employment (van Waarden et al 1997) raised the
spectre of a serious deterioration in OHS performance and increased costs unless regulation was
re-fashioned to address the growth of contingent workers and other workplace changes.
Labour market changes pose problems for worker and union input into OHS regulation. In many
industrialised countries unions make an important if not always apparent contribution to OHS.
Unions are pivotal to the collective labour law regimes that establish a baseline of employment
conditions (wages, hours etc) – and these minimum standards affect OHS – as well the
framework for workers raising and negotiating safety issues without fear of losing their job. They
also exert influence through political lobbying on OHS laws, representing injured workers in
compensation proceedings and providing logistical support for the worker involvement
mechanisms (representatives and committees) established under OHS laws or industry
agreements. Reforms to OHS legislation in many advanced industrialised societies (especially
northern Europe and Australia) since the 1970s were predicated on a collaborative approach
based on informed employees and a high level of union organisation. Participatory mechanisms
such employee health and safety representatives and joint workplace committees usually entailed
establishment procedures/requirements which meant they were unlikely to occur in small or nonunionised workplaces. Even where laws grant participatory rights to non-unionists this has proved
problematic in practice (James and Walters, 1997:35-50).
Union membership is significantly lower amongst contingent workers such as the self-employed,
those in small business, part-time and temporary workers (Lettau, 1995 and Campbell 1996) and
the growth of precarious employment has arguably contributed to a decline in union density
experienced by many industrialised countries (exceptions include Sweden and Austria). Falling
union membership levels have, in turn, weakened worker input into OHS regulation and this gap
has not been filled by alternative forms of employee representation (Walters, 1996a). Rather, in
countries like Canada, New Zealand, Australia and the UK the declining scope for union
involvement in OHS has been exacerbated by changes to labour law restricting union rights to
enter workplaces, recruit or bargain. There is evidence that the combination of labour market
change and decentralised or de-collectivist industrial relations regimes have facilitated work
intensification and an erosion of OHS standards (see Nichols, 1997), and these effects are liable
to be most pronounced amongst contingent workers with little bargaining power.
Finally, (see Quinlan and Mayhew, forthcoming), labour market changes can pose a particular
challenge to more elaborate OHS management systems/internal control regimes that have become
increasingly popular amongst OHS policy-makers in the last decade. The growth of precarious
forms of employment and smaller more volatile employment units can weaken these
developments by:
 reducing the number of workers employed by large organisations where these systems are
most applicable;
 increasing the number of workers in isolated or inadequately planned work-settings and
encouraging competition amongst workers;
 making it more difficult to address insidious health risks of exposure to hazardous substances;
 creating enclaves of contingent workers in large organisations whose incorporation in OHS
management/internal control systems will be problematic; and
 making it more difficult for unions to monitor or vet systems performance
At the same time it could be argued that OHSMS provide a vehicle for meeting these very
challenges, especially where it is embedded in a pervasive regulatory framework. Countries,
which would seem to meet these criteria are Norway and Sweden with their strong level of union
organisation and mandated OHSMS. It was for this very reason that a recent inquiry into OHS
regulation in my state of New South Wales sent a delegation to Sweden and Norway in 1998 to
explore these aspects with local experts. In the case of Sweden there is the added interest of
examining to what extent the system of regional safety representatives has helped to meet these
challenges. Unfortunately, as far as I am aware there has been far more research assessing
internal control in Norway than in Sweden.
4.0 A Proactive Regulatory Response
While the fracturing of labour markets appears to be a general trend the extent of regulatory
problems in any given country will vary according the level of casualisation, outsourcing etc,
government policies and the nature of employment legislation. However, at the risk of overgeneralisation a number of regulatory responses can be identified.
1. Altering the form and implementation of existing OHS regulatory regimes
This represents the most obvious starting point for a regulatory response. Indeed, in many
industrialised countries such initiatives have already commenced. These initiatives include the
development of new codes or regulations relating subcontracting/labour hire, casual or young
workers and small business together with changes to enforcement methods and targeting (such as
prosecutions directed at major contractors). This approach has merit, especially where legislative
contains general duty provisions that can be used to develop of pervasive web of regulatory
responsibilities and one which also targets those parties with the greatest capacity to affect OHS
outcomes (such as major contractors rather than subcontractors). There is also some possibility to
use overlapping webs of contractual obligation (such as those found in franchising arrangements)
to strengthen regulatory controls (see Johnstone, 1999). Nevertheless, this response suffers from a
number of problems.
First, it is largely reactive rather proactive, seeking to remedy problems as they are identified and
arguably lagging well behind in a game of ‘catch-up’ that cannot be won. It fails to address the
economic pressures on some groups of workers to not report injury, the churning problems of
workplaces with high labour turnover, the turnover of contractors and small business or the
capacity of medium to large firms to use business law to re-engineer their legal identity. It also
fails to address the forces driving the shift to precarious employment, notably neo-liberal policies
of promoting competition (competitive tendering, outsourcing, corporatisation/privatisation,
removal of trade and transport barriers, purchaser/provider models of service delivery etc). Even
where these occur within particular countries or economic blocks with an apparently strong and
comprehensive framework of regulatory protection there is a basic imbalance in regulatory
impact. That is changes to business and commercial arrangements will tend to overwhelm
corresponding responses from OHS regulators. In the EU for example the first cabotage
regulation on road transport introduced on 1 July 1998, enabling any lorry to drive anywhere in
the EU (including domestic or intra-country trips on an as yet undefined ‘occasional’ basis) has
set a number of significant changes in motion. This includes a growth in the number of selfemployed drivers, relocation of transport companies to countries with more ‘sympathetic’
regulatory regimes, pressure on employed drivers to accept wage cuts in order keep their jobs, the
growth of legal and illegal employment practices (including engaging eastern European drivers at
‘flag of convenience wage rates), a regional refocusing of transport activities to meet the new
competitive environment and pressure on union membership and inter-union competition for jobs.
These changes in turn have flow through effects onto OHS (in terms of driving practices, drug
use etc) that OHS regulators and unions in countries with superior working conditions and OHS
standards will have difficulty addressing especially. Governments have resisted defining
‘occasional’ for fear of sacrificing jobs to other member states. Further, the fact that there are
significant disparities in the level of implementation (both formal and in terms of actual
enforcement activities) amongst EU members (see Lampinen and Uusikyla, 1998) will tend to
compound these effects in high compliance countries like Sweden. The entry of new EU
members from Eastern Europe is almost certain to exacerbate this situation. Where, as with
NAFTA, there is even less recognition of the need to safeguard employment standards in
conjunction with new trade and competition policies the effects are liable to be even more
profound.
Second, to be even partially effective this approach requires the commitment of considerable
resources at a time where public expenditure on OHS regulation is stagnant or declining in many
industrialised countries (Walters, 1997:266-7). Some categories of contingent workers, notably
home-based workers and child-labour (which has re-emerged as an issue in industrialised
countries in Europe, the USA and Australasia. See ETUC, 1998), exist in a shadow-land of
informal and often clandestine employment. Identifying and locating these workers represents a
daunting exercise and attempts to address their OHS problems without other forms of regulatory
intervention are unlikely to prove effective (Kinney, 1993; NIOSH, 1996 and Mayhew and
Quinlan, 1999). For example, Australian studies of clothing outworkers and road transport
workers indicated that the primary source of OHS risk was the combination of low pay/incentive
payments and excessive hours of work. In the clothing industry several state governments are
working on strategies to locate primary OHS responsibility with retailers (who tend to drive the
outsourcing of work), together with a system for registering outworkers and ensuring they work
according to minimum wage and working hours standards (including union access to records). In
road transport there is a complex interchange of separate road transport, OHS and industrial
relations laws and mooted solutions include a similar registration system for all drivers, requiring
freight forwarding companies to prepare written work plans and the appointment of inspectors
empowered to enforce all three bodies of law. In construction, where similar problems exist, one
response has been the development of a memorandum of understanding amongst 20 major firms
as to the minimum requirements to be met by subcontractors incorporated into a package known
as subbie-pack. However, this only applies to commercial buildings not the housing sector where
subcontracting is even more pervasive. The responses have strengths in addressing the contours
of the use of contingent labour that are specific to an industry. At the same time, there is a real
question as to the feasibility of developing and implementing such packages for every industry.
Third, implicit in the foregoing is the observation that the growth of precarious forms of
employment do not simply alter OHS regimes. They can also often effect union density (since
precariously employed workers, especially self-employed and home-based workers, are often
more difficult to recruit and service) and industrial relations (collective negotiations and the
ability to enforce minimum labour standards). Hence, a strategy tied to OHS regulation alone is
unlikely to succeed.
2. More over-arching regulatory solutions
A more comprehensive and cost effective solution would to modify regulatory regimes in a way
that discourage contingent forms of employment or (the French approach) to try and ensure
precariously employed workers receive exactly the same employment conditions (this is also
liable to discourage contingent work arrangements). This could involve:




Changes to labour regulation to minimise any gap in conditions between precarious and nonprecarious workers. To be effective it would need to deal with actual rather than formal
disparities in entitlements and this is likely to prove difficult;
Changes to business law to restrict the ability of firms to reconfigure their legal form in order
to evade statutory employment requirements (probably more a problem in English speaking
countries such as the USA and Australia);
Changes to taxation law to remove incentives for employers to re-designate workers as selfemployed contractors rather than employees; and
Ensuring regulatory liability (environment, OHS, labour standards etc) focuses on the top of
the ‘food chain’ (i.e. large corporations) irrespective of how these organisations choose to
arrange the production of goods and services.
Most if not all of these measures are liable to prove controversial as they directly confront the
twin policy mantras of globalisation and microeconomic reform. Yet apparently radical steps can
be supported on the grounds that OHS has not only been ignored in the debate over
microeconomic reform (Purse, 1997), but these policies (including privatisation) are
compounding the economic, social and human costs of occupational injury and disease.
Placing the debate in a comparative historical perspective
In order to understand the current shift to precarious employment in advanced industrial societies
and its implications for OHS it is essential to place it in a comparative historical context. There
are two clear parallels. First, a substantial level of what would now be seen as precarious
employment (such casual labourers) and disorganised work settings were characteristic feature of
most, if not all, industrial societies around a century ago. Second, insecure employment and a
large informal sector is a characteristic feature, indeed dominating, feature of so-called newly
industrialising countries (third world remains a more accurate descriptor and we will continue to
use it henceforth).
These parallels have not gone completely unrecognised. For example, in reviewing Thomas
Legge’s legacy to modern occupational health in Britain, Harrington (1999:2,4) notes hazardous
exposures to employees in small metal workshops similar if not identical to those that concerned
Legge 100 years ago could still be found. Indeed, small to medium enterprises were a major focus
of current Health and Safety Executive activity. In looking to future challenges, Harrington
(1999:5) notes the role of multinational corporations in establishing global production and
distribution networks, and the very polarised consequences this can have for OHS in third world
countries (ranging from first world OHS management systems to highly exploitative wages and
dangerous working conditions). He also points to critical changes employment within
industrialised countries, especially the growth of short term contracts, job instability, the bipolar
trend to both part-time work and longer hours, as well as the shift to smaller workplaces and
home-based work. While Harrington (1999:5) makes reference to the impact management
‘delayering’ and ‘downsizing’, technology is seen as a driving force in the growth of home-based
work and there is no suggestion that these trends are integrally tied to changing business practices
and regulatory policies. Apart from small workplaces, Harrington cannot see that there are other
parallels with the late 19th/early 20th century – namely significant levels of insecure employment
or that the growth of home-based work can, to some degree, be viewed as the re-emergence of a
very old employment practice. Indeed, occupational health/medical texts of the time, as well as
government inquiries in Britain, Australia and elsewhere make extensive and detailed reference to
the problems posed by insecure and ‘sweated’ (often via piecework payment systems)
employment of women, men and children, especially home-based work (not to mention long
hours). Telecommuting is only one part of the recent growth in home-based work documented in
a number of industrialised countries. Some areas of growth (like home-based garment making) in
north America and Australia amount to little more than the re-emergence of an old practice
(including middlemen and child labour. Mayhew and Quinlan, 1999). Even in new areas (like
home-based telemarketing) the payment system (simple contract, piecework or bonus systems)
and other employment practices are essentially similar to older forms of home-based work.
In a similar vein, a number of writers have noted that the incidence of work-related injury (and to
a lesser extent disease) being experienced in newly industrialising or third world countries
countries are similar to those found in advanced industrial societies during their phase of rapid
industrialisation. One such writer is LaDoue (1992:224) who attributes this to the limited
education, training and skills of workers, old and poorly designed workplaces, an absense of
safety protection equipment and under-resourced regulatory agencies. Likewise others have
argued that the transfer of manufacturing (and to a lesser extent services) to third world countries
as well as increasing foreign capital penetration of commodity production has entailed a
migration of occupational hazards and hazardous processes. It many instances it has entailed a
shift to forms of work organisation and working conditions that are well below minimum
regulated standards (on employment, OHS and environment) in the first world. This literature
often refers to high unemployment/little job security, poor bargaining power of third world
workers, suppression of unions and weak forms of protective legislation (usually in little detail
and ignoring workers compensation altogether). However, the direct parallels with the expanding
precarious workforce in industrialised countries is seldom made let alone explored. It is referred
to in some recent research on OHS within the informal sector in third world countries such as
Zimbabwe and Brazil (see Santana, 1997 and Loewensen, 1998,1999). However, again these
parallels have failed to attract serious attention from those examining precarious employment in
the industrialised world, including the connections between the processes that expanding
precarious employment in both the first and third world.
Overall, the observations are useful (and need to be made more often) but the accompanying
analysis is either entirely missing or under-developed. In the remainder of this paper we shall try
to address this by doing three things. First, to look at the historical parallels in more detail.
Second, to look at the factors driving the renewed growth of precarious employment in
industrialised countries. Third, to examine the processes expanding precarious employment in
third world countries and, where possible, to identify evidence as to its consequences for OHS.
Rediscovering the lost history of precarious employment and OHS in industrialised countries
Insecure or fluctuating employment, small workshops, home-based work, self-employment and
other arrangements that would now be labelled as contingent work or precarious employment
were widespread even pervasive in most if not all industrialised countries in the 19 th and early
20th century. A number of occupations, including sweated trades like tailoring (with a
combination of irregular employment, fierce competition for work and low remuneration)
attracted the attention of early writers on occupational medicine, official inquiries (such as those
preceding factory legislation), inspectors reports and other observers. Since precarious
employment was so widespread it was often not seen as a remarkable or distinguishing
characteristic. Nevertheless, a number of early writers on capital/labour relations clearly
demonstrate its importance. In Industrial Democracy (1914 but first published in 1897) Sidney
and Beatrice Webb devote a separate chapter to continuity of employment and union struggles
over this, as well as discussing the ramifications of casual work, subcontracting, outwork etc at
many other points. Similarly Atkins and Laswell’s Labour Attitudes and Problems (1924) has a
chapter on casual labourers as well as separate discussions on home-based work, disorganisation
in the labour market and irregular employment. Further, it is not difficult to find contemporary
observers making a connection between insecure employment or overwork and OHS.
Interestingly many observers also refer to one or more of the three features of precarious
employment identified in much contemporary literature as having adverse effects on OHS,
namely economic/reward pressures, disorganised work and ineffectual regulatory protection. To
briefly illustrate these points we will look at several categories of workers, beginning with homebased garment workers.
Elizabeth Rogers, a home-based needlewoman gave evidence to the 1892 South Australian Royal
Commission on Shops and Factories as to how the subcontracting system led to excessive
competition for work, long hours, low wages and endangered health.
I could mention six (young girls) now whose lives are worked through working so hard at
the shirt trade. It is hard work to make a dozen shirts in a day and some have to work, oh,
so hard. One girl is at home now, and is being attended by the doctor. She had to make a
dozen shirts in a day to get her wages (Minutes of Evidence cited in Williams, 1997:37).
Alice Milne, another shirtmaker and witness to the same inquiry, later became an inspector and in
a 1904 report on sweating advocated regulatory intervention to:
…prevent a few in the struggle for crumbs to become a means of not only making their
own lot worse, but also dragging others down to the same level. That is what the small
unregistered workplaces and homeworkers are doing for the general body of wageearners in the clothing trade in Adelaide (cited in Williams, 1997:39).
Writing two years earlier, a British writer (Ballantyne, 1902:98-99) cited a number of strikingly
similar cases and, highlighting institutional and regulatory problems, argued home-work was:
…practically the No Man’s Land of the industrial world. Here treads not the foot of the
labour agitator, for home-workers are largely composed of “casuals” – dreary phantoms,
who come and go, whence and whither no man can tell, and no organising sectretary of
any trade union, however enterprising, would waste time or effort inducing them to join
its ranks. Each worker is a sort of industrial Ishmael, working only for his or her hand.
Nor has the home-worker been much better off in respect of Government protection. For
while the factory and workshop hand has had the conditions of her work regulated by
law, the home-worker…has been left outside the protecting pale of the Factory Act.
At the same time, Ballantyne (1902:99) stressed that far from being an anachronism or aberration,
home-work was a logical extension of the factory-work, a subcontracting mechanism for meeting
fluctuating demand and other contingencies. In describing payment and hours Ballantyne
(1902:101-2) not only reinforces the issue of regulatory failure and disorganised work settings but
also point to critical externalities affecting the whole community:
The evidence collected in respect of out-work by expert investigators in these and other
cases seem to prove conclusively that is usually accompanied by very low wages,
inordinately long and irregular hours, and distressingly insanitary conditions… And there
is double ground for interference here, in that the making of clothing and other articles
for public use in insanitary dwellings is not only a danger to workers themselves, but also
to the public generally…
Out-workers are often used as a lever for reducing the rate of wages. They are not
restricted by any law to a specified number of hours per day as in factories, and they are
often found working from early morning till late at night… It may be interesting to note
that a large number of outworkers met with during these inquiries were in receipt of
parochial relief, although they were working full-time for their employers.
Essentially identical comments about the subcontracting system and excessive hours of homeworkers and small employers can be found in government inquiries carried in Britain, Australia,
the USA and probably elsewhere over the preceding 30 years if not earlier (for reports of British
inquiries in the 1860s see Hutchins and Harrison, 1926:164. See also Aves, 1908:12).
Through these observers we can also find a recurring link drawn between home-based and some
other types of insecure work with the employment of children by parents to supplement meagre
family earnings (McMillan, 1902:90-7; Piddington, 1912 appendices A & B). Thus, for example,
New South Wales Factory Inspector Annie Duncan told the 1912 Piddington Royal Commission
(Appendix A:liv) about the use of children as part of family based production units as well as the
diversity of working conditions, concluding:
The conditions of the rooms is as various as the type of workers, but the essential note
struck everywhere amongst those who are dependent on the work for their living was
“drive”.
In the USA the situation was similar a decade later, with an investigation by the Pennslyvania
Department of Labor citing cases of children as young as five working at home and stating:
Nineteen percent (209) of visits to 1113 families revealed 401 cases of child labor, an
average of two children in each household. Child labor is even more prevalent than this
percentage indicates for women are apt to conceal from an investigator the industrial
work of children since they know the public sentiment looks with disfavor upon the
gainful employment of children under fourteen years of age (cited in Atkins and
Lasswell, 1924:151).
Although the situation subsequently improved we are now witnessing a deterioration in tandem
with the re-emergence of widespread home or small sweatshop-based garment making in
industrialised countries along with a growth of home-based employment more generally. At the
turn of the next century the regulation of OHS in home-based work remains largely ineffective in
many countries, beyond the scope of over-taxed inspectorates even where they have rights of
entry. Our recent study of home-based garment production in Australia (Mayhew and Quinlan,
1999) found a remarkably reminiscent pattern of exploitive subcontracting and middlemen
‘sweaters’, long hours under pressure, low payments, injury rates three times factory-based
workers (none received workers’ compensation). It also revealed cramped and inadequately
ventilated work areas, widespread child-labour (as young as seven years) and other externalities
(including tax evasion and social security payments). While home-based work represents a
shadow-land where exploitation and child labour can flourish it is by no means the only area
where contemporary instances of child labour can be found (see for example the use of children
in immigrant family groups of fruit and vegetable pickers in the southern USA).
Home-based garment makers were the exemplar for policy debates over ‘sweated labour’
encompassing a much wider array of workers that can be found in Britain, Australia, Canada and
many other countries from the 1880s into the first decades of the 20th century. ‘Sweating’ referred
to the process whereby groups of workers received remuneration so low that the hardest and
longest duration of work secured to barest existence. The sub-letting tasks - what is now called
outsourcing/subcontracting - was seen to be a leading causal factor in ‘sweating’ (Aves, 1908:79).
A report by Ernest Aves (1908) to the British parliament on the operation of wages
boards/concialiation and arbitration in Australia and New Zealand highlighted the importance
establishing effective minimum labour standards by regulation to address ‘sweating’ and it social,
economic and health consequences. One hundred years later a debate over the establishment and
enforcement of minimum labour standards has re-emerged in a number of industrialised countries
in response to growth of precarious employment and the weakening of pre-existing legislative
protections in the name of enhancing labour market ‘flexibility’. It is of some little irony that
these pre-existing laws were in part a response to the ‘sweating’ debate. However, the sweating
debate is also a powerful reminder that the protection afforded by OHS legislation is predicated
on a broader basis of institutional and regulatory controls on wages, hours of work and the rights
of workers to organise. What is also of some interest in terms of our purpose here is the explicit
link Aves (1908:69-71) makes between ‘sweating’ and disorganised and exploitive work
arrangements. In a section entitled ‘Disorganisation in Industry’ Aves argued that rather than
seeing ‘sweating’ in terms of employer morality, attention needed to focus on structures and
processes, namely the economic competition and dependency associated with sub-letting led to
under-cutting of payment and other exploitive practices. Aves (1908:71) concluded that
regulation was a necessary solution (and Australasian experience with wages boards indicated
regulation worked) and given that there was ‘no clear line of demarcation between the organised
and the disorganised trades’ there was no reason why this form of regulatory intervention should
not apply to all.
In addition to home-based workers it is also worth briefly considering the casual/temporary
workers and particularly those employed as longshoremen, stevedoring or dock workers. A
dedicated dock labour force emerged in the 19th century (previously seamen carried out this
activity). Dock-workers were employed of casual basis with men being selected for work by
foremen on an arbitrary, demeaning and potential corrupt basis known under various labels
including the bull system (named after the ‘bulls’ who set the pace for other workers).
Competition for selection and a desire, once selected, to maximise the chance of future work was
conducive to low and irregular pay, intense work rates, disorganised work practices and an
authoritarian labour management regime (Webb and Webb, 1914:433). From the late 1880s
onwards the direct and indirect effects of these employment practices on living conditions and
health were the subject of some recognition and public inquiry in countries like Britain. Inquiries
revealed that low and irregular earnings translated into malnutrition (for both workers and their
families) and an inability to budget, cramped and unsanitary accommodation. The combination of
overwork and the hiring system often left older workers unable to obtain any employment (Court,
1965:304-12). Poverty and the casual system often meant inadequately clothed workers handling
dangerous cargoes (like soda ash, treated hides or frozen meat) or exposed to cold and damp
(Tull, 198715-29 and Webb and Webb, 1914:588). Even some dock company managers were
prepared to concede this and to point out that hunger-induced exhaustion often forced workers to
leave a job prior to its completion:
The poor fellows are miserably clad, scarcely with a boot on their foot…and they cannot
run, their boots would not permit them…These poor men come to work without a
farthing in their pockets…and by four o’clock their strength is utterly gone; they pay
themselves off: it is absolute necessity which compels them… (cited in Webb and Webb,
1914:588).
The heavy and intensive nature of dock work, the rushing induced by the bull-system and the
disorganisation associated with turnover/instability in terms of work gangs, management
inattention to work processes and other consequences of casualisation contributed to a high rate
of injury. Evidence of these connections is easier to obtain for the early 20th century than the 19th
century when inquiries appear to have spent more time describing living conditions and the
struggle for work than the work process itself. While the very casual nature of employment made
data collection difficult the evidence we have for injury rates amongst dock-workers in countries
like Australia place it amongst the most dangerous vocations in the first part of the 20 th century
(see Tull, 1987:23-26).
Available evidence makes it clear that dock work was not conducive to longevity. Ogle’s analysis
of deaths amongst males aged 45 to 55 years reported to the UK Registrar General’s Office in
1890-92 found dock/wharf labourers had the third highest death rate (at 40.71 per thousand) of
the 40 occupations measured, just behind pottery workers and well ahead of chimney sweeps and
miners (cited in Wohl, 1983:279-81).
Casual employment of dock workers lasted well into the 20th century in many countries and we
can therefore find more contemporary accounts of its effects on health. In 1942, for example, a
specialist physician named McQueen undertook an examination of 130 Australian wharf
labourers for the Stevedoring Industry Commission that identified the long term effects of these
employment practices, exacerbated by the Great Depression. Admitting he expected to find
malingerers or men disabled by alcohol, McQueen instead found men prematurely aged and
seriously disabled by their work and concluded:
Their endless search for the infrequent job which would keep them and their families
from the precarious borderline of malnutrition had taken its devastating toll. The feverish
high tension work performed when the job is secured in order to ensure its repetition had
been paid for at the shocking high price of premature old age and physical calamity (cited
in Nelson, 1957:119).
It is worth noting that the subsequent de-casualisation of the industry had little to do with
technology (predating containerisation, roll-on/roll-off and other major changes in Australia and
other countries with which we familiar) and a lot more to do with union pressure and resulting
institutional/regulatory changes. Equally, employer efforts since the 1980s to re-casualise the
industry have relied on the managerial mantras of globalisation and labour market flexibility.
Indeed, the only explicit evidence of technological facilitation was employer’s capacity to
‘secretly’ fly strike-breakers to train in Dubai in preparation for the 1997/98 maritime dispute in
Australia and, more recently, a global terminal operator establishing a ‘flying dockers’ unit (ITF
Circular No.295/D.70/SS.55/1999).
Our discussion has barely scratched the surface of potential comparisons between employment
arrangements a century ago and many of those increasingly associated with the misleadingly
labelled ‘new economy’. Many other industries, issues and outcomes are worthy of further
exploration. For example, some though by no means all of the supposedly new forms of labour
flexibility and management practices actually represent very old forms work intensification, with
obvious examples including pyramid subcontracting and home-based work. More detailed
comparisons would be useful in identifying exactly what is new about the contingent work
arrangements that emerged in the last decades of the 20th century. Equally, both contemporary
reports and later research on industrial societies a century ago identify the problem of injury and
disease reporting amongst economically vulnerable workers afraid of losing their job. Some
research, such as Harrison’s (1995:20-41) study of the match-making industry in 19th century
Britain, point to active measures by employers and health professionals to conceal the problem. A
century later we are in the process of rediscovering that there are reporting problems in relations
to vulnerable workers such as self-employed subcontractors those employed casually or in high
turnover or disorganised work-settings. Labour leasing provides opportunities to conceal or rebadge injured workers. Further, the downsizing and outsourcing have affected the provision of
occupational health services both directly and indirectly, reversing some of the gains in terms of
identification and treatment built on permanent employment in large workplaces. Thus,
downsizing and outsourcing of OHS has opportunities for direct workplace inspections by
occupational physicians as well as imposing subtle pressure on subcontracted physicians not to
‘make waves’ that might jeopardise renewal of their contract. Another avenue for further research
relates to outcomes for workers. In The Hygiene Diseases and Mortality of Occupations Arlidge
(1892:133) identified an abnormally high suicide rate amongst small self-employed traders. Some
recent studies of isolated groups of contingent workers (see Thebuad Mony, 1999 and Mayhew
1999) have also pointed to a possible connection with abnormally high suicide rates which may
be worthy of further investigation.
If nothing else, comparisons with OHS amongst workers who are precariously employed or
disorganised work-settings a century ago should disavow any expressions of surprise at the
consequences of the more recent trend to these forms of work arrangement. It should also drive
home what is being lost in conjunction with the dismantling of institutional and regulatory
safeguards. As far as we are aware, there is no compelling comprehensive account of the shift
away from precarious employment most industrialised countries during the first half of the 20 th
century. It is clear from what we have said already the process was not a direct or even accidental
by-product of technology and did not occur uniformly across all occupations. We can point to a
number of possible and probable explanatory factors. One possible factor was the introduction of
mass production that enhanced the advantages of directly hired and ongoing employment
although the Japanese case show extensive subcontracting was still compatible with mass
production. Another set of factors was immigration, tariff, cabotage and other trade policies
restricting product and labour market competition. A number of the latter, as well as other
institutional and regulatory changes, were connected either directly or indirectly to the rising
industrial and political influence of organised labour. The most apparent examples of the latter
include the growth of unions, collective bargaining and the common rule (preventing workers
from under-cutting each other) as well as specific union de-casualisation/permanency and anti
subcontracting campaigns. Other examples include changed employment practices away from
using casual or contract workers (as in the case of labourers employed by local government, road
and sewerage authorities). Further examples, include the enactment of laws restricting child
labour, regulating factories and other workplaces (including home-based work), establishing
minimum wages and other labour standards (including specifically invoking these in government
contracts and providing workers’ compensation. Finally, the development of a pervasive welfare
network in relation to the provision of healthcare (excluding the USA), social security in case of
sickness/disability or unemployment and old-age pensions clearly reduced pressure of persons
otherwise forced to eke out a living under the most disadvantageous circumstances.
Overall, it appears the decline of precarious employment/growth of permanent employment in
industrialised societies during the course of 20th century to the point where the latter not the
former was seen as typical (always an exaggeration, especially for women) was not an inevitable
outcome of market forces or technology. Rather, it was an outcome shaped by
regulatory/institutional pressures. Given this, we are sceptical about contentions that the present
trend is economically determined, inevitably and irreversible. We are not suggesting that there are
no important differences between the periods (the welfare state, for instance, while battered
remains in place). Nevertheless, reference to an earlier era of precarious employment provides
powerful portents of the socially dislocating consequences of existing trends and even some clues
as to how these problems might be addressed.
Re-inventing the 19th century: The re-introduction of precarious employment to advanced
industrial societies and OHS
The current dominant policy discourse over much of the industrialised world would have us
believe flexible employment structures are an essential component of the ‘new’ global economy.
However, neo-liberal economics and the policies currently promoted under this banner do not
constitute the only, inevitable or ‘real’ discourse or understanding of socio-economic
relationships. Rather, it is an arrangement that serves particular interest groups and seeks to
justify the expropriation of wealth, power and humanity from others by portraying this process as
inexorable and tied to objectified ‘market forces’. In essence, the explanation is and has to be
ideology recast as science. This means the growth of precarious employment should be seen as
the outcome of specific and reversible actions by key interests groups, most notably large (often
multinational) capital and complicit organs of the economic profession, financial community,
management consultants and government.
The growth of precarious employment is connected to a number of international developments
that impact on both developed and so-called developing countries. Indeed, these processes are
connected. Policies in the developed world are contributing to the growth of precarious
employment in the developed and developing countries.
While this paper cannot provide a comprehensive explanation of the growth of precarious
employment in industrialised countries it is important to identify a number of arguably critical
factors and, provide a few brief examples, of how these impact on OHS. For convenience we will
group these factors under four headings although all overlap and arguably flow out the neo-liberal
economic policy agenda (the precise transmission mechanisms are important but beyond the
scope of analysis here).
1) Changes to management employment, production and service delivery practices in the private
and public sector that are design to cut operating costs or enhance shareholder value have
directly and indirectly promoted a shift to precarious employment. The tools of achieving this
have gone under a range of labels including corporatisation, privatization, outsourcing,
downsizing/organisational restructuring, competitive tendering and managed care/case
management. Practices like outsourcing almost always amount to a direct transfer of workers
to a more precarious position (even when subcontract workers are employees) and associated
effects including work intensification may also contribute to additional workforce volatility
(including burnout). The effect of downsizing on precarious employment is also
unambiguous. However, as the health service industry shows, precarious employment
(including home-care workers) has also grown more subtly through policies of deinstitutionalisation and case management (often ultimately designed to achieve greater
through-put in the use of hospital beds). It is worth noting that large management consulting
firms have acted as one key transmission belt for these ideas.
2) Neo-liberal ideas have also exerted a critical influence on government revenue and
expenditure policies including reductions in direct income tax (and increases in regressive
sales and service taxes), the pursuit of balanced budgets and critical changes to government
transfers to the poor. These changes have promoted precarious employment in a number of
ways. The environment of budgetary constraint has placed pressure of government agencies
to cut costs and embrace the ‘new managerialism’ which has commonly resulted in cuts to
staffing (one of the few ways of ‘measuring’ the productivity in the provision of complex
services), competitive tendering/outsourcing and so on. These pressures have been intensified
by demands that agencies should deliver productivity bonuses over time – something
normally measured in terms of reduced costs/expenditure or direct cuts to the workforce. In
some countries at least, the appointment of private sector managers and consultants and
changes to senior management appointment and remuneration structures have reinforced this
process. The winding back of welfare regimes (cutting or tightening access to unemployment
relief, workfare/work for the dole, a return to prison labour) and cuts to workers’
compensation benefits/entitlements, public health, disability and other pensions in many
industrialised countries over the past decade or more have had important effects. These
include lowering the effective wage/employment floor and increasing the number of workers
forced to take the most menial, low paid and insecure jobs.
3) In many though by no means all industrialised countries the growing influence of neo-liberal
ideas has also been manifested in alterations to industrial relations regimes, weakening union
input and collective regulation (if only through decentralisation but at worst through
individual employment contracts and altering employment relationships by manipulating
legal boundaries). In Australia recent legislative changes have removed the formal right of
unions to include limits of casual or part-time workers in awards or collective agreements and
have introduced options for non-union and individual agreements that employers have used to
promote more contingent work arrangements. n New Zealand the changes have been even
more extreme. Even in countries where such changes have not occurred the push for more
decentralised collective bargaining/enterprise agreements (for example, by the government
agency responsible for productivity and competition in Sweden) will make more difficult for
unions to limit precarious employment or protect workers occupying such jobs. Examples of
the deliberate altering of legal forms include the growing use of labour leasing and employer
attempts to re-designate their workers associates or contractors rather than employees (as
highlighted by the recent Microsoft case in the USA). In Australia and the USA if not
elsewhere batteries of law firms have facilitated this process, assisting with the manipulation
of legal forms and providing ongoing advice to counter the response of regulators. Again, we
would note that in least some countries with which we are familiar neo-liberal
competition/productivity agencies in a number of countries have become increasingly active
in transmitting and implementing these ideas.
4) Finally, it is important to acknowledge the implications for precarious employment of
business interests increasingly capturing domestic and global policy agendas. In essence this
has amounted to the increasing subordination of labour and related standards to the
investment and trade interests of business, and with it a push for more ‘flexible’ workforce. It
can be noted that the world’s two leading regional trade blocks, NAFTA and the European
Union have both endorsed promoting numerical flexibility in the labour market and neither
has sought to restrict the growth of temporary employment (Vosko, 1998). Unlike NAFTA
the EU has made some attempt to regulate these arrangements, although - leaving aside the
efforts of several member countries, most notably France – the effectiveness of these
measures is open to question.
At the global level, bodies involved in this process include the International Monetary Fund
(whose impact has been most direct on third world countries, see below) and the OECD
which has continually pushed for labour market flexibility. Perhaps the most explicit attempt
to subordinating labour to the trade and investment interests was the Multilateral Agreement
on Investment (MAI). The Business and Industry Advisory Committee (representing some of
the world’s largest transnational corporations) promoted the MAI to the OECD and 29 OECD
member countries spent three years negotiating its adoption. In 1998 negotiations lapsed in
the face of mounting international protests and French government opposition although a year
later the World Trade Organisation was considering a new version despite explicit opposition
from developing countries including India (Bridges Weekly Trade News Digest 3(4) February
1999 cited in Ranald, 1999). The World Trade Organisation has already been active in
promoting trade arrangements and government policies that encourage the growth of
precarious employment in both developed and developing countries, most recently in the
service sector – the largest and fastest growing area of employment in developed countries.
Thus, it has pressed for the removal of monopoly arrangements or other restrictions in postal
and courier services and the removal of cabotage and other labour restrictions on land and
maritime transport (WTO, 1998a). It has also advocated the freer international movement of
labour (or what it labelled as natural persons) in distribution, environmental health and social
services (WTO 1998b,c&d). For example, a background paper on distribution argued:
Given the high labour intensity of distribution (especially in retailing), the sector is
affected by limitations on the movement of natural persons. Nationality requirements for
staff prevent firms from minimizing labour costs through international recruitment.
Residency requirements for managers and directors de facto disadvantage foreign
suppliers even when the requirements are imposed on all distributors. Immigration
policy, visa restrictions, and levies and charges for social security also impact on the
sector (WTO 1998c:10).
In a similar vein, a background paper on health services argued:
the most significant benefits from trade are unlikely to arise from the construction and
operation of hospitals, etc., but their staffing with more skilled, more efficient and/or less
costly personnel than might be available on the domestic labour market (WTO,
1998d:18).
In background note devoted entirely to ‘natural persons’ the WTO (1998e) secretariat
developed its views on the advantages of freeing up international labour movements,
including temporary migration, to meet short-term exigencies and long term labour
shortages. It is important to observe that evidence on projected shortages was limited to a
narrow band of occupations (most notably information technology) and the paper effectively
conceded that the major shift of labour would be from developing to developed countries. In
other words, the rationale for the policy is less than demonstrable except in terms of altering
the supply situation and bargaining power of service sector labour in developed countries.
In terms of the international movement of labour, business groups within particular countries
or trading blocks have mounted essentially analogous campaigns to those of the WTO. In
Australia, for example, – the Business Council of Australia – the major organ of big business
– has led a campaign to re-introduced higher levels of net migration (and achieving
bipartisan political support) and reverse a discernible trend towards historically smaller
intakes. As in Europe, the case for immigration is supported by reference to the age ‘timebomb’ (ie an ageing workforce) and skill shortages. These contentions mask an array of
critical assumptions, not the least of which is the high level of unemployment, not to mention
under-employment, already prevailing in much of the European Union and Australia.
A few examples highlight the OHS implications of the purportedly neutral neo-liberal policies
and practices just identified. In Australia, the implications of the impact of competitive tendering
policies on government agencies was highlighted in mid 1990s when one state government
introduced legislation requiring local government authorities to open up at least half of their work
activities to competitive tender. Leaving aside the downsizing and work intensification that
resulted, it soon became clear that local governments could not manage contractor safety (for
which they remained legally responsible) and the government was obliged to produce a special
guide on contractor OHS management for this sector.
Another example of the implications of competition policies, this time also involving the removal
of international ‘trade-barriers’ can be seen in the introduction of the 1998 European road
transport cabotage regulation.
Insourcing and labour hire (legge 34)
New production networks, old forms of employment and dependency, and OHS in developing
countries
International investment/subcontracting networks, the migration of jobs and hazardous work
organisaton
Much of the shift of production and industries from developed to developing countries is a direct
consequence of policies pursued by corporate capital. As LaDou (1992:223) has observed foreign
firms account for most investment in manufacturing in developing countries and their decisions
are based on implicit calculations about the lower costs of labour, health (including workers’
compensation) and environmental infrastructure. What needs to be added is that these investment
flows often entail elaborate subcontracting networks rather investment in ‘independent’ entities.
This shift can effectively entail a movement of these activities to more disorganised work settings
with a contingent workforce. In some instances third world countries have become centres for
hazardous activities such as the breaking of ships in India. It can also involve a quite deliberate
attempts to evade a regulatory controls and achieve a cheaper solution even though a technically
superior and safer method for undertaking this task exists (as in the case where used lead-acid
batteries are exported to India rather than being recycled locally). In both cases the workers
involved are employed on a piecework or incentive basis lacking security, set hours or even the
most minimal conditions. In short, what is involved here is not simply a shift of employment but
also a change to work organisation and jobs.
Outsourcing of production and service delivery occurs at both a national and international level
and indeed the two processes may occur simultaneously and result from similar pressures. For
example, the development of global production networks and the reduction of tariff barriers in the
developed world relating to toys, clothing, textile, and footwear etc has facilitate firms in
developed countries relocating production activities to developing countries. Direct employees of
factories in developing countries receive wage rates, OHS and other labour standards far below
those for comparable workers in developed countries. Further, these companies use
subcontracting networks of suppliers to obtain components and, as in developed countries,
workers employed by these subcontractors experience working conditions inferior to those found
in the parent factory. This subcontracting not only cuts labour costs but also helps to evade ethical
codes on product production developed by retailers in the USA and other industrialised
countries). The result is a complex international web of subcontracting where commercial
exchanges are closely articulated but the corresponding social relations of production and ethical
responsibilities are disarticulated or obscured. Thus, parents in Europe purchase soccer balls for
their children that have been stitched by children of the same age or younger in Asia (where the
piece rates take no account of age and family pressures drive children to work. Legge, 2000) and
unions made similar allegations were in relation to rugby balls used for the 1999 Rugby World
Cup. Equally, their counterparts in Australia buy the multinational brand footballs or cheap
wooden picture frames produced the same way.
As has been noted for the clothing industry (Mayhew and Quinlan, 1999) the combination of
competition from third world imports and retailer concentration/pressure to reduce costs in
developed countries then puts pressure on remaining domestic producers. This leads to increasing
insecure employment marked by job losses, factory closures, more flexible and intensified work
arrangements in factories as well as the growth of outsourcing to smaller factories including
backyard/illegal operators and home-based workers (and the re-emergence of child labour in
family production units). This crudely exploitive apparatus may include an elaborate network of
pyramid subcontracting with as many as seven stages between the retailer and the often
immigrant woman or child who actually sews the garment.
Pyramid subcontracting establishes a descending pattern of dependency and work intensity that
can be identified in far more technologically sophisticated industries such as car manufacturing.
Moreover, subcontracting is more than just a means of evading employment standards etc in the
core firm but also a means of transmitting social relations of production as defined by discipline
and quality (Rutherford et al, 1996) and re-configuring power relationships in ways that may have
serious consequences for OHS. Outsourcing has become a means whereby multinational firms
can direct investment, production and marketing activities on a global level and scale with a
minimum of directly-employed workers and a number of stages in the supply chain that distance
and obscure the conditions of those ultimately making the product (Legge, 2000:34). In several
areas like toy, clothing and footwear manufacturing serious incidents (like the fire at a Kader
International in Thailand in 1993) as well as campaigns by child labour/worker defence or human
rights groups in first world countries (like the Clean Clothes campaign in the European Union)
and third world countries (like the Hong Kong-based Coalition for the Charter on the Safe
Production of Toys) have exposed these inter-linkages and brought consumer pressure to bear on
multinational producers and retailers. However, it is fair to say these dedicated efforts only
address some of the harmful subcontracting networks and their impact even in these areas has
been limited. Some organisations have been able to hide behind ‘holding firms’ that obscure their
links to production and supply network. Responses to criticism include public assurances that the
firm meets all employment and OHS standards of the host country (hardly the point given the low
level where these are set and the even lower level of enforcement activity).
Another increasingly common response is for multinational suppliers and retailers to establish
ethical codes of conduct meant to apply to all their dealings. The problem with these voluntary
codes is that they are largely symbolic, seldom being accompanied by vigorous monitoring and
enforcement (for evidence of these problems see Bureau of International Labor Affairs, 1996).
Code compliance remains outside the public domain except in rare instances – instances that tend
to reinforce questions about the efficacy of these measures. For example, an internal inspection
report by Nike found workers at a subcontractor’s factory near Ho Chi Min city, Vietnam were
exposed to carcinogens (in some parts of the plant exposure exceeded the local legal standard 177
times) and 77% of the workforce suffered respiratory problems (Safety News December 1997).
The employees worked a 65 hour week for $US10. While the hours aspect may not have
breached local legislative standards the consequences of prolonged hours for exposure to
hazardous substances, fatigue and other OHS risks are probably at least profound as the breaches
just mentioned. Further, half-hearted attempts to enforce voluntary codes may simply lead to
more extensive stages of pyramid subcontracting of dangerous or highly exploitive activities.
Increasingly complex patterns of global subcontracting also present significant problems for OHS
regulators. In the third world regulators operate in a framework where governments are acutely
sensitive to threats of relocation and evasion. In 1996, for example, Thai factories owned by the
Austrian-based Eden group producing clothing for Walt Disney were accused of widespread
breaches of OHS standards and subcontracting work to firms breaking child labour laws (South
China Morning Post 28 September 1996). When the Thai Ministry of Labour ordered the closure
of the printing section due to hazardous chemicals the company responded by moving machinery
and equipment to a subcontractor, leaving 200 workers without jobs. While it would be more
effective to target the economic drivers, namely the firm at the peak of the outsourcing pyramid,
the jurisdiction of OHS regulators in developed countries is confined to their own borders. In
other words, global subcontracting creates effective gaps in regulating employment and OHS
standards. Attempts at co-ordinating standards via the International Labour Organisation have
proved largely ineffective especially in a context where the World Trade Organisation (WTO) is
delivering judgements on the movement of goods, services and labour that threaten existing
labour standards (see below) and efforts to incorporate minimum labour and OHS standards in
WTO trade agreements has been fiercely resisted by an alliance of third world and some
developed countries (such as the UK and Australia).
The precise configuration of outsourcing (like that described in relation to garment
manufacturing) will vary from industry to industry (for example the incentive to retain some
domestic production in the fashion component of the clothing industry may not apply to toy
production). It may also vary from region to region (for example, access to immigrant workers
including illegal immigrants) may facilitate some highly exploitive forms of outsourcing or
home-based work. However, we may find essentially parallel process apply across a range of
industries as the ‘race to the bottom’ on labour conditions ratchets its way through various
productive and service markets globally.
The restructuring of production in developing countries
The shift of production and to a lesser extent service activities (like software development in
India) to developing countries might be seen as contributing to a growth of precarious
employment in developed countries but not necessarily increasing and perhaps even reducing the
extent of these types of work arrangement (usually referred to as informal employment) in
developing countries. However, while such work arrangements were already for more extensive
in developing countries it appears that the informal employment is expanding in these countries.
Even in some of the more industrialised developing countries like Brazil the informal sector is
seen to account for more than half the workforce.
The restructuring of trade via trade agreements, free trade zones and cuts to protection, as well as
increasing multinational penetration, capital flows/patterns of lending, financial
dependency/colonisation and intervention in policy by international agencies (most notably the
IMF) have resulted in changes to the organisation of production which to some extent mirror but
also amplify effects seen in the developed world. For example, the opening of the Mexican
economy to international trade was accompanied by the government privatising many of its
productive holdings, including the sugar industry where it led to a wholesale re-organisation of
production (Lemez-Ruiz, 1999). This included breaking down old styles of paternalistic
management, mill closures and reducing union influence. Rising job insecurity went in tandem
with a dramatic increase in the pace of work, intrusive forms of performance measurement and
declining real incomes. The result has been heightened worker insecurity and sacrificing safety
for continued employment that has also been identified in connection with privatisation and other
forms of organisational restructuring in developed countries. Lemez-Ruiz (1999:60) also
identifies pressure on local government for further concessions to retain employment in the
region as well as the impact of changed use of pesticides and cane burning practices on the health
of both animals and workers in the neighbouring cattle industry.
- add Asian crisis and economic restructuring in S Korea
The undercutting of international OHS standards and agencies
The same interest groups that are pressing for more flexible labour markets world wide - meaning
labour markets which facilitate precarious or contingent work arrangements by reducing the
extent of regulatory or collective worker intervention to circumscribe employer choice over the
duration, hours, accrued benefits and termination conditions etc of jobs – are also looking to
reduce or manipulate other regulatory controls that effect the profitability of conducting business.
As Castleman (1999:61-4) has observed, a number of large corporations pursue double standards
in relation to occupational and environmental health in terms of the production, export and use of
particular materials such as asbestos. This included the ongoing manufacture of asbestos products
and use of asbestos components (for the automobile industry) in countries like Brazil by French
and US companies which had been obliged to cease such practices in developed countries. It also
involves the use of bodies like the World Trade Organisation to try and slow if not defeat moves a
growing number of countries to ban asbestos products as well as the attempted manipulation of
international agencies like the ILO and WHO responsible for developing standards on exposure
to hazardous substances as well as scientific and professional bodies like ICOH. Significant
disparities in OHS standards world wide, and weakening existing international standards,
provides a climate more conducive for contingent work arrangements in both developed and
developing countries.
5.0 Avenues for Further Research
1. Identifying and Measuring the Extent of the Impact of Precarious Employment on OHS
- labour hire agencies, international contracting networks in particular industries,
temporary workers
- role of work organisation and management practices
2. Researching Regulatory Effects and Externalities
Thus far, most research has focused on trying to assess the impact of precarious employment on
the conventional indices of occupational illness (injury and disease rates etc). Although most
researchers are aware that these changes also have effects on the conventional apparatuses used to
regulate injury/disease prevention, compensation and rehabilitation these aspects have been little
explored in detail. On the preventative side Johnstone (1999) has argued the growth of precarious
employment undermines existing paradigms of OHS regulation and raises critical issues about the
intersection of OHS law with other bodies of law, especially business law. The precise indices
will depend, of course, on nature of business and employment law within particular countries.
There is also some evidence internationally that the growth of precarious employment is having
profound effects on the coverage and administration of workers’ compensation and rehabilitation
regimes (see Quinlan and Mayhew, 1999). It has been argued that this growth is reducing both the
formal and effective coverage of workers’ compensation regimes and adversely affecting worker
knowledge of their entitlements and their capacity to make claims. It creates additional
administrative problems for agencies in terms of determining coverage, establishing a workrelationship to injury or disease, identifying the relevant employer (especially in the case of
leased or subcontract workers). Declining job security also has critical implications for both
short-term and (more especially) longer term rehabilitation.
3. Better Identifying the Causal links in terms of Government Policies and Business Practices
Overall, a regulatory strategy that will effectively address the problems of precarious employment
will need to target the policy drivers.
References
Arlidge, J. (1892), The Hygiene Diseases and Mortality of Occupations, Percival and Co.,
London.
Aronsson, G. (1999), ‘Contingent workers and health and safety’, Work, Employment and
Society, 13(3):439-60.
Aronsson, G. and Goransson, S. (1999), ‘Permanent employees but not in a preferred
occupation: Psychological and medical aspects’, Journal of Occupational Health
Psychology, 4(2):152-63.
Aronsson, G., Gustafsson, K. and Dallner, M. (2000), Forms of employment, work
environment and health in a centre-periphery perspective, Arbete och Hälsa.
Atkins, W. and Lasswell, H. (1924), Labor Attitudes and Problems, Pitman and Sons,
London.
Aves, E. (1908), Report to the Secretary of State for the Home Department on the Wages
Boards and Industrial Conciliation and Arbitration Acts of Australia and New Zealand,
HMSO, London.
Backinger, C. and Koustenenis, G. (1994), ‘Analysis of needlestick injuries to health care
workers providing home care’, American Journal of Infection Control, 22(5):300-6.
Ballantyne, A. (1902) ‘Home-Work’ in T. Oliver, ed., Dangerous Trades: The Historical,
Social, and Legal Aspects of Industrial Occupations as Affecting Health by a Number of
Experts, John Murray, London, 98-103.
Barnard, M., (1993), ‘Making safety an asset not a liability’, Highways and Transportation,
June:15-18.
Baugher, J. and Timmons Roberts, J. (1999) ‘Perceptions and Worry about Hazards at Work:
Unions, Contract Maintenance, and Job Control in the US Petrochemical Industry’,
Industrial Relations, 38(4):522-41.
Beaumont, P. and Harris, R., (1997), 'Market Deregulation, Workforce Insecurity and
Workforce Health and Safety' paper presented to 12th Employment Research Unit
conference (Insecure Employment), Cardiff Business School, Cardiff, Wales 11-12
September.
Benavides, F. and Benach, J. (1999), ‘Precarious employment and health-related outcomes in
the European Union’, Occupational Health Working Group, University Pompeu Fabra,
Barcelona.
Berggren, C. (1993), ‘Lean Production – the End of History?’, Work, Employment and
Society, 7(2):163-88.
Birchall, S. and Finlayson, H., (1996), ‘The application of European derived safety
management regulations to the UK construction industry’ in Alves, Dias and Coble, eds.
Implementation of Safety and Health on Construction Sites, Balkema, Rotterdam.
Bickerdyke, I. and Lattimore, R. (1997), Reducing the Regulatory Burden: Does Firm Size
Matter?, Industry Commission Staff Research Paper, AGPS, Canberra.
Blank, V., Andersson, R., Linden, A. and Nilsson, B. (1995), 'Hidden accident rates and
patterns in the Swedish mining industry due to the involvement of contract workers',
Safety Science, 21(1):23-35.
Blank, N. and Diderichsen, F. (1995), ‘Short-term and long-term sick leave in Sweden:
relationships with social circumstances, working conditions and gender’, Scandinavian
Journal of Social Medicine, 23(4):265-72.
Bottomley, B. (1998), Deemed to Comply Project: Final Report, National Occupational
Health and Safety Commission, Sydney.
Boyd, C. and Bain, P. (1998), ‘”Once I get you up there where the air is rarified”: health,
safety and the working conditions of airline cabin crews’, New Technology, Work and
Employment, 13(1):16-28.
Branine, M. (1997), ‘Flexible Working Practices in the Public Health Sector of Denmark,
France and the UK’, paper presented to 12th ERU conference, Cardiff Business School,
Wales 11-12 September.
Brewster, C., Mayne, L. and Tregaskis, O. (1997), ‘Flexible Working in Europe: A Review
of the Evidence’, Management International Review, vol 37(special issue):85-103.
Brisson, C., Blanchette, C., Guimont, C., Dion, G., Moisan, J. and Vezina, M. (1998),
‘Reliability and validity of the French version of the 18-item Karasek Job Content
Questionnaire’, Work and Stress, 12(4):322-36.
Brooks, D. and Davis, L. (1996), ‘Work-Related Injuries to Massachusetts Teens, 19871990’, American Journal of Industrial Medicine, 29:153-60.
Bureau of International Labor Affairs, The Apparel Industry and Codes of Conduct, US
Department of Labor, Washington, 1996.
Burke, R. and Greenglass, E. (1999), ‘Work-family conflict, spouse support, and nursing
staff well-being during organisational restructuring’, Journal of Occupational Health
Psychology, 4(4):327-36.
Butler, R., Park, Y. and Saidman, B. (1998), ‘Analyzing the impact of contingent work on
workers’ compensation, Employee Benefits Practices Quarterly, 4:1-20.
Campbell, I. (1996), ‘Casual Employment, Labour Regulation and Australian Trade Unions’,
Journal of Industrial Relations, 38(4):571-90.
Campbell, I. and Burgess, J. (1997), ‘National Patterns of Temporary Employment: The
Distinctive Case of Casual Employment in Australia’, Working Paper No.53, National
Key Centre in Industrial Relations, Monash University, Melbourne,
Campanelli, L. (1990), ‘The Aging Workforce: Implications for Organizations’,
Occupational Medicine: State of the Art Reviews, 5(4):817-26.
Castillo, D., Landen, D.and Layne, L. (1994), ‘Occupational Injury Deaths of 16- and 17Year Olds in the United States’, American Journal of Public health, 84(4):646-8.
Chan, G. and Koh, D. (1997), ‘The Ageing Worker’, Annals of the Academy of Medicine
Singapore, 26(6):781-6.
Codrington, C. and Henley, J. (1981), ‘The Industrial Relations of Injury and Death: Safety
representatives in the Construction Industry’, British Journal of Industrial Relations,
19(3):297-315.
Collinson, D. (1999), ‘”Surviving the Rigs”: Safety and Surveillance on North Sea Oil
Installations’, Organizational Studies, 20(4):579-600.
Court, W. (1965), British Economic History: Commentary and Documents, Cambridge
University Press, Cambridge.
Dalziel, J. and Soames, R. (1997), Taxi Drivers and Road Safety, A report to the Federal
Office of Road Safety, Department of Transport and Regional Development, Canberra.
Daniello, F. (1999), ‘Nouvelles formes d’organisation et sante mentale: Un point de vue
d’ergonome’, Archives des Maladies Professionalles et De Medicine Du Travail,
60(6):529-32.
Davezies, P. (1999), ‘Transformations des organisations du travail, nouvelles pathologies:
defis a clinique medicale’, Archives des Maladies Professionalles et De Medicine Du
Travail, 60(6):542-51.
Davillerd, C. and Favaro, (1995), ‘Prise en Charge de la Securite et Representation des
Risques’, Institut National de Recherche et de Securite, Vandoeuvre.
Dawson, S., Willman, P., Clinton, A. and Bamford, M. (1988), Safety at Work: The Limits
to Self-regulation, Cambridge University Press, Cambridge.
Daykin, N. ‘Workplace Health Promotion: Issues and strategies for the insecure workforce’,
paper presented to 12th Employment Research Unit conference (Insecure Employment),
Cardiff Business School, Cardiff, Wales 11-12 September.
De Grip, A., Hoevenberg, J. and Willems, E. (1997), ‘Atypical Employment in the European
Union’, International Labour Review, 136(1):49-71.
De Vries, H. (1996), ‘Health and Safety Aspects of Telework’ in Pennings, F., van Rijs, A.,
Jacobs, A. and de Vries, H. (1996), Telework in the Netherlands: labour law, social
security and occupational health and safety aspects, Hugo Sinzheimer Institute,
Amsterdam, 69-105.
Dejours, C. (1999), ‘Incidences psychopatholoques des nouvelles formes d’organisation du
travail, du management et de gestion des enterprises’ Archives des Maladies
Professionalles et De Medicine Du Travail, 60(6):533-40.
Denniss, R. (1997), ‘Supplementary Labour: What is it and Where Will it Lead, Employment
Studies Centre Working Paper Series No.34, University of Newcastle, Callaghan, NSW.
Dong, W., Vaughan, P., Sullivan, K. and Fletcher, A., (1995), ‘Mortality Study of
Construction Workers in the UK’, International Journal of Epidemiology, 24(4):750-7.
Doniol-Shaw, G., Derriennic, F., Sandret, N., Huez, D. and Surribas, H. (1999), ‘Travail en
sous-traitance et sante mentale’, Archives des Maladies Professionalles et De Medicine
Du Travail, 60(6):563-65.
Dorman, P. (1996), Markets and Mortality: Economics, Dangerous Wrok and the Value of
Human Life, Cambridge University Press, Cambridge.
Dorman, P. (1997), ‘Internalising the Costs of Occupational Injuries and Illnesses: Challenge
or Chimera?’ paper presented to European Conference on Costs and Benefits of
Occupational health and safety, the Hague.
Dunlop, J.[chair] (1994), The Commission for the Future of Worker-Management Relations
– Final Report, Department of Labor, Washington.
Dwyer, T. (1994), ‘Precarious Work, Powerless Employees and Industrial Accidents: A
Sociological Analysis’, paper presented at the International Sociological Conference, July
18-23, Bielefeld, Germany.
Eakin, J. (1992), 'Leaving it up to the workers: Sociological perspectives on the management
of health and safety in small workplaces', International Journal of Health Services,
22(4):689-704.
EFILWC, (1998), Second European Survey on the Work Environment 1996, European
Foundation for the Improvement of Living and Working Conditions, Dublin.
Eironline, various issues.
Egger, P. and Poschen, P. eds. (1997), Contract Labour: Looking at issues - Nine country
cases, Labour Education 1997/1-2 Nos. 106/7, International Labour Organisation,
Geneva.
Esping-Andersen, G. (1996), ‘Equality or employment? The interaction of wages, welfare
states and family change’, Transfer: European Review of Labour and Research, 2(4):61534.
European Agency for Safety and Health at Work, (1998), Priorities and Strategies in
Occupational Safety and Health Policy in the Member States of the European Union,.
European Commission, (1997), White Paper on Sectors and Excluded From the Working
Time Directive, European Union, Brussels.
Eurostat, (1998), Accidents at work in the European Union: Statistics in focus, Population
and social conditions, no2/98, Statistical Office of the European Communities, Brussels.
Everson, S., Lynch, J., Chesney, M., Kaplan, G., Goldberg, D., Shade, S., Cohen, R.,
Salonen, R. and Salonen, J. (1997), ‘Interaction of workplace demands and
cardiovascular reactivity in progression of cartoid atherosclerosis: population based
study’, British Medical Journal, 314(7080):
Fein, S. and Roe, B. (1998), ‘The effect of work status on initiation and duration of breast
feeding’, American Journal of Public Health, 88(7):1042-6.
Ferrie, J., Shipley, M., Marmot, M., Stansfeld, S. and Smith, G. (1998), ‘The health effects
of major organisational change and job insecurity’, Social Science and Medicine,
46(2):243-54.
Finkelman, J. (1994), ‘A large database of the factors associated with work-induced fatigue’,
Human Factors, 36(2):232-43.
Fischer, M., Hellman, A., Wohlrab, J. and Marsh, W. ‘Burns from undisclosed acids in a
liquid used by temporary workers: A recent problem in occupational medicine caused by
lack of information’, Dtsch Med Wochenschr, 123(6):151-4.
Flannery, R., Hanson, M., Penk, W., Pastva, G., Navon, M. and Fannery, G. (1997),
‘Hospital downsizing and patients’ assaults on staff’, Psychiatry Quarterly, 68(1):67-76.
Foley, M. (1998), ‘Flexible Work, Hazardous Work: The Impact of Hazardous Work
Arrangements on Occupational Health and Safety in Washington State, 1991-1996’ in
Research in Human Capital and Development, JAI Press.
Fonteyn, P., Olsberg, D. and Cross, J. (1997), ‘Small Business Owners’ Knowledge of Their
Occupational Health and Safety (OHS) Legislative Responsibilities’, International
Journal of Occupational Safety and Ergonomics, 3(1-2):41-57.
Francois, M. (1991), ‘Le travail temporaire en mileau industriel. Incidences sur les
conditions de travail et la sante des travailleurs’, Le travail humane, 54:21-41.
Francois, M. and Lievin, D. (1995), ‘Emplois Precaires et Accidentabilite Enquete
Statistique Dans 85 Enterprises’, Insititut National de Recherche et de Securite 126, Paris.
Frick, K. (1995), ‘Reconciling the divergent goals of high productivity and occupational
health and safety: The Swedish Working Life Fund’s integration of work environment
and industrial policies’, unpublished paper, National Institute for Working Life,
Stockholm.
Frick, K. (1996), ‘Why can’t managers see any profit in health and safety at work?
Contradictory views and their penetrations into working life’, unpublished paper,
National Institute for Working Life, Stockholm.
Frick, K. and Walters, D. (1998), ‘Worker representation on health and safety in small
enterprises: Lessons from a Swedish approach’, International Labour review, 137(3):
Fucini, J. and Fucini, S. (1990), Working for the Japanese: Inside Mazda’ Auto Plant, Free
Press, New York.
Gibson, A. (1999), ‘Revolution in the labour market: Implications for OHS practice.’ Paper
presented to Short Course in Occupational Medicine, University of Sydney, 21
September.
Glazner, J., Borgerding, J., Brody, J., Lowery, J., Lezotte, D. and Kreiss, K. (1999),
‘Contractor Safety Practices and Injury Rates in Construction of the Denver International
Airport’, American Journal of Industrial Medicine, 35:175-85.
Gunningham, N. (1998), ‘Towards Innovative Occupational Health and Safety Regulation’,
Journal of Industrial Relations, 40(2):204-231.
Gunningham, N. and Johnstone, R. (1999), Regulating Workplace Safety: Systems and
Sanctions, Oxford University Press, Oxford.
Gyi, D., Haslam, R. and Gibb, A. (1998), ‘Case studies of occupational health management
in the engineering construction industry’, Occupational Medicine, 48(4):263-71.
Harrington, J. (1999), ‘1998 and Beyond – Legge’s Legacy to Modern Occupational
Health’, Annals of Occupational Hygiene, 45(1):1-6.
Haas, J. and Buchan, R. (1995), ‘Occupational Health and Safety Hazards in Colorado Small
Industry’, Applied Occupational and Environmental Hygiene, 10(3):151-55.
Harrison, B. (1995), ‘The politics of occupational ill-health in late 19th century Britain: the
case of the match making industry’, Sociology of Health and Illness, 17(1):20-41.
Hartley, J., Jacobson, D., Klandersmans. B. and Van Vauren, T. (1991), Job Insecurity:
Coping with Jobs at Risk, Sage, London.
Hassle, P. and Limborg, H.J., (1997), ‘A method for introduction of preventive working
environment acitivities in small enterprises’, unpublished paper, Centre for Alternative
Social Analysis, Copenhagen.
Heaney, C., Israel, B. and House, J. (1994), ‘Chronic job insecurity amongst automobile
workers: effects on job satisfaction and health’, Social Science and Medicine,
38(10):1431-7.
Hery, M., Diebold, F. and Hecht, G. (1996), ‘Exposure of contractors to chemical pollutants
during the maintenance shut down of a chemical plant’, Risk Analysis, 16(5):645-55.
Hopkins, A. (1994), ‘Are Workers’ Compensation Statistics A Health and Safety Hazard?’,
Australian Journal of Public Administration, 53(1):78-86.
Houben, G. and Nijhuis, F. (1996), ‘The Role of Production Control in the Development of
Burnout’, International Journal of Health Services, 26(2):331-53.
Hughes, A. (1996), ‘Employment in the public and private sectors’, Labour Market Trends,
104(8):373.
Hutchins, B. and Harrison, A. (1926), A History of Factory Legislation, 3rd edition, Frank
Cass & Co, London.
Huuhtanen, P. (1997), The health and safety issues for teleworkers in the European Union:
Consolidated Report, European Foundation for the Improvement of Living and Working
Conditions Working Paper No.WP/97/29/EN, Dublin.
Huuhtanen, P. and Kandolin, I. (1999), Flexible Employment Policies and Working
Conditions: Finland, National Report prepared for the European Foundation for the
Improvement of Living and Working Conditions Project No. 0203.
Industry Commission, (1995), Competitive Tendering and Contracting by Public Sector
Agencies, Draft Report, Industry Commission, Melbourne.
James, C. (1993), ‘Social Processes and Reporting or Non-reporting’, in M. Quinlan, ed.
Work and Health: The Origins, Management and Regulation of Occupational Illness,
Macmillan, Melbourne, 33-56.
James, C., Papajcsik, I. and Wyatt, T. (1993), 'Work-RelatedInjuries: A Comparative Study
of Self-Employed and Employee Transport Workers in Brisbane', Journal of
Occupational Health and Safety - Australia and New Zealand, 9(3): 245-253.
James, P. and Walters, D. (1997), 'Non-union Rights of Involvement: The Case of Health
and Safety at Work', Industrial Law Journal, 26(1):35-50.
James P. and Walters, D. Regulating Health and Safety at Work: The Way Forward, 1999,
The Institute for Employment Rights, London.
Jensen, P. (1996), ‘Internal Control in Denmark’, paper presented to Workshop on Integrated
Systems/Systems Control, European Foundation for the Improvement of Living and
Working Conditions, Dublin, 29-30 August.
Johansson, J. (1995), ’Psychosocial work factors, physical work load and associated
musculoskeletal symptoms among home care workers’, Scandinavian Journal of
Psychology, 36(2):113-29.
Johnstone, R. ´Paradigm Crossed? The Statutory Occupational Health and Safety
Obligations of the Business Undertaking’, Australian Journal of Labour Law, (1999)
12:73-112.
Kinney, J. (1993), ‘Health Hazards to Children in Service Industries’, American Journal of
Industrial Medicine, 24:291-300.
Knight, E., Castillo, D. and Layne, L. (1995), ‘A Detailed Analysis of Work-Related Injury
Among Youth Treated in Emergency Departments’, American Journal of Industrial
Medicine, 27:793-805.
Kochan, T., Smith, M., Wells, J. and Rebitzer, J. (1994), ‘Human Resource Strategies and
Contingent Workers: The Case of Safety in the Petrochemical Industry’, Human
Resource Management, 33(1):55-77.
Laflamme, L. (1997), ‘Age-Related Injuries Among Male and Female Assembly Workers: A
Study in the Swedish Automobile Industry’, Relations Industrielles, 52(3):608-19.
Lamm, F. (1997), ‘Small Business and OHS Advisors’, Safety Science, 25(1-3):153-61.
Lampinen, R. and Uusikyla, P. (1998), ‘Implementation Deficit – Why Member States do
not Comply with EU directives’, Scandinavian Political Studies, 21(3):231-51.
Landsbergis, P., Cahill, J. and Schnall, P. (1999), ‘The Impact of Lean Production and
Related New Systems of Work Organisation on Health’, Journal of Occupational Health
Psychology, 4(2):108-30.
Lee, K. and Sivananthiran, A. (1996), ‘Perspectives of principal employers, contractors and
workers’, Industrial Labour Relations Review, 135(5):75-91.
Legge, K. (2000), ‘The ethical context of HRM: the ethical organisation in the boundaryless
world’, in Winstanley, D. and Woodall, J. eds. Ethical Issues in Contemporary Human
Resource Management, Macmillan Business, Basingstoke, 23-40.
Legge, V., Cant, R., O'Loughlin, K. and Waite, H. (1996), Issues of Absenteeism and
Occupational Health and Safety, Report to NSW Consultative Committee on Ageing,
University of Sydney.
Leigh, J. and Miller, T. (1997), ‘Ranking Occupations Based Upon the Costs of Job-Related
Injuries and Disease’, Journal of Occupational and Environmental Medicine,
39(12):1170-82.
Legislative Council Standing Committee on Law and Justice, (1998), Final Report of the
Inquiry into Workplace Safety, two volumes, Parliament of New South Wales, Sydney.
Lemez-Ruiz, B. (1999), ‘The Local Impact of Globalization: Worker Health and Safety in
Mexico’s Sugar Industry’, International Journal of Occupational and Environmental
Health, 5(1):56-60.
Lewis, D. (1997), ‘Bullying in the Workplace - 1990’s rhetoric or reality’, paper presented to
12th Employment Research Unit conference (Insecure Employment), Cardiff Business
School, Cardiff, Wales 11-12 September.
Lewy, R. (1985), ‘Preplacement examination of temporary hospital workers’, Journal of
Occupational Medicine, 27(2):122-4.
Lim, V. ‘Moderating effects of work-based support on the relationship between job
insecurity and its consequences’, Work and Stress, 11(3):267-78.
Lindoe, P. (1995), Internal Control, Stavanger College, Rogaland Research, Stavanger.
Loewenson, R. (1998), ‘Health Impact of Occupational Risks in the Informal Sector in
Zimbabwe’, International Journal of Occupational and Environmental Health, 4(4):26474.
Loewenson, R. (1999), ‘Occupational Hazards in the Informal Sector – A Global
Perspective’, paper presented to Health Hazards and the challenges in the new working
life conference, Stockholm, January.
Lowry, D. (1999) Toward Improved Employment Relations Practices of Casual
Employees in the Highly Casualised Firm: A Supply Perspective, PhD thesis, Monash
University.
Lushington, W., Lushington, K. And Dawson, D. (1997), ‘The perceived social and domestic
consequences of female shiftworkers (nurses) and their partners’, Journal of
Occupational Health and Safety - Australia and New Zealand, 13(5):461-9.
McAteer, D. Assistant Secretary of Labor for Mine Safety and Health, (1997), ‘Contractor
Safety Agreements May Reduce Injuries, Violations’, AggMan Online Opinions896.
Mayhew, C. (1995), ‘An Evaluation of The Impact of Robens Style Legislation On The OHS
Decision-Making of Australian and United Kingdom Builders With Less Than Five
Employees, report to Worksafe Australia, Sydney;
Mayhew, C. (1997a), Barriers to implementation of known occupational health and safety
solutions in small business, National occupational health and safety commission and The
Division of Workplace Health and Safety (Qld), AGPS, Canberra.
Mayhew, C. (1997b), ‘Self-Employed Builders in Australia and the United Kingdom: A
Comparison of Occupational Health and Safety Outcomes and Regulatory Compliance’,
The Journal of Occupational Health and Safety Australia and New Zealand, Vol 13 (3):
229-237.
Mayhew, C. (1997), 'Small Business OHS Information Provision', Journal of Occupational
Health and Safety, Australia and New Zealand, Vol. 13 (4): 361-373.
Mayhew, C. (1999), Work-related Traumatic Deaths of British and Australian Seafarers:
What are the causes and how can they be prevented?, Seafarers International Research
Centre, Cardiff University.
Mayhew, (1999), ‘A case Study of the Taxi Industry’ in Peterson, C. and Mayhew, C. eds.
Occupational Health and Safety in Australia, Allen and Unwin, Sydney.
Mayhew, C. (1999), 'The Impact of Auditing on the OHS Performance of Demolishers',
Journal of Occupational Health and Safety, Australia and New Zealand, 15 (5): 441-447.
Mayhew, C. and Wyatt, T. (1995), ‘Serious occupational injuries: An evaluation of the
Queensland Legal Requirement to Report’, Journal of Occupational Health and Safety Australia and New Zealand, 11(1):59-66.
Mayhew, C. and Gibson, G. (1996), ‘Self-Employed Builders: Factors Which Influence The
Probability of Work-Related Injury and Illness’, The Journal of Occupational Health and
Safety-Australia and New Zealand, 12 (1): 61-67.
Mayhew, C. and Ferris, R. (1998), ‘The impact of the legislative requirement for the
completion of workplace health and safety plans on small-scale Queensland builders’,
Journal of Occupational Health and Safety – Australia and New Zealand, 14(4):357-62.
Mayhew C, Young C, Ferris R. and Harnett C. (1997), An evaluation of the impact of
targeted interventions on the OHS behaviours of small business building industry owners
/ managers / contractors. National Occupational Health and Safety. Commission and
Workplace Health and Safety program (DTIR), AGPS, Canberra.
Mayhew, C., Quinlan, M. and Ferris, R. (1997), ‘The Effects of Subcontracting/Outsourcing
on Occupational Health and Safety: Survey Evidence from Four Australian Industries’,
Safety Science, 25(1-3):163-78.
Mayhew, C. and Quinlan, M. (1997a), 'The management of occupational health and safety
where subcontractors are employed', Journal of Occupational Health and Safety Australia and New Zealand, 13(2):161-74.
Mayhew, C. and Quinlan, M. (1997b), 'Subcontracting and OHS in the residential building
sector', Industrial Relations Journal, 28(3):192-205.
Mayhew, C. and Quinlan, M. (1997c), ‘Trucking Tragedies: Why Occupational Health and
Safety Outcomes are Worse for Subcontract Workers in the Road Transport Industry’,
Working Paper No.114, School of Industrial Relations and Organisational Behaviour,
University of New South Wales.
Mayhew, C. and Johnstone, R. (1999), Young Casual Workers in Fast Food Employment,
National Occupational Health and Safety Commission, AGPS, Canberra.
Mayhew, C. and Quinlan, M. (1999), ‘The Effects of Outsourcing on occupational Health
and Safety: A Comparative Study of Factory-based and Outworkers in the Australian
Clothing Industry’, International Journal of Health Services, 29(1):83-107.
Mayhew, C. and Young, C. (1999), 'The Impact of an Intensive Mailed OHS Information
Campaign on Small Business Cabinetmakers', Journal of Occupational Health and
Safety, Australia and New Zealand, Vol. 15 (1): 47-52.
McCarthy, P., Sheehan, M. and Kearns, D. (1995), Managerial Styles and Their Effects on
Employees’ Health and Well-Being in Organisations Undergoing Restructuring,
Research Report prepared by Worksafe Australia, Sydney.
McCarthy, P. (1997), ‘When the Mask Slips: Inappropriate Coercion in Organisations
Undergoing Restructuring’, in McCarthy, P. and Sheehan, M. (eds), Bullying: From
Backyard to Boardroom, Millenium Press, Sydney.
McMillan, M. (1902), ‘Child Labour’ in T. Oliver, ed., Dangerous Trades: The Historical,
Social, and Legal Aspects of Industrial Occupations as Affecting Health by a Number of
Experts, John Murray, London, 90-97.
Menzies, H. (1997), ‘Telework, Shadow Work: The privatization of work in the new digital
economy’, Studies in Political Economy, 53:103-23.
Messing, K. (2000), ‘Multiple Roles and Complex Exposures: Hard-To-Pin Down Risks for
Working Women’, in Goldman, M. and Hatch, M. eds. Women and Health, Academic
Press, San Diego, 455-62.
Meulders, D., Plasman, O. And Plasman, R. (1996), ‘Atypical work in the European
experience’, Transfer: European Review of Labour and Research, 2(4):574-601.
Meyer, J. and Muntaner, C. (1999), ‘Injuries in Home Health Care Workers: An Analysis of
Occupational Morbidity From a State Compensation Database’, American Journal of
Industrial Medicine, 35:295-301.
Morris, J. (1999), ‘Injury Experience of Temporary Workers in a Manufacturing Setting:
Factors that increase vulnerability’, AAOHN Journal, 47(10):470-78.
Moss, L. (1992), ‘Mental Health and the Changing Workplace Environment’ in W. Rom,
(ed), Environmental and Occupational Medicine, 2nd edition, Little, Brown and Co,
Boston.
NOHSC (1999), Occupational Health and Safety Issues For Young Casual Workers in the
Fast Food Industry, written and conducted by Mayhew, C., Johnstone, R., Nicholson, M.
Cribb, M. and Murphy, R., National Occupational Health and Safety Commission
together with the Division of Workplace Health and Safety (Qld.) and the WorkCover
Authority of New South Wales, AGPS, Canberra.
Nelson, T. (1957), The Hungry Mile, Waterside Workers’ Federation, Sydney.
Netterstrom, B. and Hansen, A. (1998), ‘Outsourcing and Stress: Physiological effects on
bus drivers’, unpublished paper, Clinic of Occupational Medicine, Hillerod Hospital and
National Institute of Occupational Health, Denmark.
New South Wales Government, (1998), Code of Practice on employment and outwork
obligations textile clothing and footwear suppliers, Department of Public Works and
Services Report No.97103, Sydney.
Nichols, T. (198), ‘On the analysis of size effects and ‘accidents’ – a further comment’,
Industrial Relations Journal, 62-5.
Nichols, T. (1998), ‘Review Article: Health and Safety at Work’, Work, Employment and
Society, 12(2):367-74.
NIOSH Alert, (1994), ‘Preventing Electrocutions of Workers in Fast Food Restuarants’,
Publication No.85-104, National Institute of Occupational Safety and Health, Washington
DC.
NIOSH, (1996a), Report to Congress on Workers’ Home Contamination Study Conducted
Under the Workers’ Family Protection Act (29 USC 617A), National Institute of
Occupational Safety and Health, Washington DC.
NIOSH, (1996b), National Occupational Research Agenda, US Department of Health and
Human Services, Washington.
Nishiyama, K. and Johnson, J. (1997), ‘Karoshi-Death from Overwork: Occupational health
consequences the Japanese production management’, International Journal of Health
Services,
NOHSC, (1998), The 1995 Australian Workplace Industrial Relations Survey (AWIRS 95):
An OHS Perspective, National Occupational Health and Safety Commission, Sydney.
OECD, (1990), Employment Outlook - July 1990, Organisation for Economic Co-operation
and Development, Paris.
OECD, (1996), Employment Outlook - July 1996, Organisation for Economic Co-operation
and Development, Paris.
OECD, (1997), Employment Outlook - July 1997, Organisation for Economic Co-operation
and Development, Paris.
Ono, Y., Lagerstrom, M., Hagberg, M., Linden, A. and Malker, B. (1995), ‘Reports of work
related musculoskeletal injury amongst home care service workers compared with
nursery school workers and the general population of employed women in Sweden’,
Occupational and Environmental Medicine, 52:686-93.
Ore, T. and Casini, V., (1996), ‘Electrical Fatalities Among US Construction Workers',
Journal of Occupational and Environmental Medicine, 38(6):587-92.
OSHA, (1997), Small Business Handbook: Safety and Health Standards, Department of
Labor, Washington.
Ontario Ministry of Labour (1997), Information for New Workers and Students Working in
Ontario, Queen’s Printer for Ontario.
Paoli, P. (1992), First European Survey on the Work Environment 1991-1992, European
Foundation for the Improvement of Living and Working Conditions, Dublin.
Parker, M. and Slaughter, J. (1988), ‘Management by Stress’, Technology Review, 36-44.
Parker, S., Chmiel, N. and Wall, T. (1997), ‘Work Characteristics and Employee Well-Being
Within a Context of Strategic Downsizing’, Journal of Occupational Health Psychology,
2(4):289-303.
Peterson, C. (1999) ‘Dealing with stess-related injury in industry’ in in Peterson, C. and
Mayhew, C. eds. Occupational Health and Safety in Australia, Allen and Unwin, Sydney.
Phillips, S. (1999), ‘Revolution in the labour market: Implications for OHS practice.’ Paper
presented to Short Course in Occupational Medicine, University of Sydney, 21
September.
Piddington, A. (1912), Report of the Royal Commission of Inquiry into the Hours and
General Conditions of Employment of Female and Juvenile Labour in Factories and
Shops, and the effect on such Employees, Legislative Assembly of New South Wales,
Government Printer, Sydney.
Platt, S., Pavis, S. and Akram, G. (1998), ‘Changing labour market conditions and health: a
systematic literature review (1993-98), report to European Foundation for the
Improvement in Living and Working Conditions, Dublin.
Porter, J. (1997), ‘Contractor vs. Direct Hires: Is Safety At Risk?’, DuPont Executive Safety
News, Issue 97.3.
Prevention of Mining Fatalities Taskforce, (1997), Report on the Inquiry into Fatalities in
the Western Australian Mining Industry, Western Australian Mines Occupational Safety
and Health Advisory Board, Perth.
Quinlan, M. (1993), ‘The Industrial Relations of Occupational Health and Safety’ in M.
Quinlan, ed. Work and Health: The Origins, Management and Regulation of
Occupational Illness, Macmillan, Melbourne, 140-69.
Quinlan, M. (1996a), 'The Reform of Australian Industrial Relations: Contemporary Trends
and Issues', Asia Pacific Journal of Human Resources, 34(2):3-27.
Quinlan, M. (1996b), ‘Women and occupational health and safety: the challenges still
waiting to be met’, Journal of Occupational Health and Safety - Australia and New
Zealand, 12(4):409-22,
Quinlan, M. (1997), ‘The Implications of Labour Market Restructuring in Industrialised
Societies for Occupational Health and Safety’, UNSW School of Industrial Relations and
Organisational Behaviour Working Paper No.116.
Quinlan, M. (1998), ‘Labour Market Restructuring in Industrialised Societies: An
Overview’, Economic and Labour Relations Review, 9(1):1-30.
Quinlan, M. (1999), ‘The Implications of Labour Market Restructuring in Industrialised
Societies for Occupational Health and Safety’, Economic and Industrial Democracy
20(3):427-60.
Quinlan, M. and Mayhew, C. (1999), ‘Precarious Employment and Workers’
Compensation’, International Journal of Law and Psychiatry, 22(5&6):491-520.
Ranald, P. (1999), ‘MAI Back on the Agenda’, Workers Online, Issue 20 2 July,
http:/workers.labor.net.au/20/c_historicalfeature_mai.html
Rassmussen, E. and Lamm, F. (1997), ‘Deregulation of Employment Relations and
Occupational Health and Safety: Comments on Policy Changes in New Zealand in the
1980s and 1990s’, Paper presented to IMEP Conference, Utrecht, 11-12 December.
Rebitzer, J. (1995), 'Job Safety and Contract Workers in the Petrochemical Industry',
Industrial Relations, 34(1):40-57.
Reissman, D., Orris, P., Lacey, R. and Hartman, D. (1999), ‘Downsizing, Role Demands,
and Job Stress’, Journal of Occupational and Environmental Medicine, 41(4):289-93.
Ritchie, K., McDonald, E., Gilmour, W. and Murray, K. (1999), ‘Analysis of sickness
absence among employees of four NHS trusts’, Occupational and Environmental
Medicine, 56(10):702-8.
Robinson, P. (1997), ‘Insecurity and the flexible workforce: measuring the ill-defined’,
paper presented to 12th Employment Research Unit conference (Insecure Employment),
Cardiff Business School, Cardiff, Wales 11-12 September.
Rossignol, A., Locke, J. and Burke, J. (1989), ‘Employment Status and the Frequency and
Causes of Burn Injuries in New England’, Journal of Occupational Medicine, 31(9):7517.
Rousseau, D. and Libuser, C. (1997), 'Contingent Workers in High Risk Environments',
California Management Review, 39(2):103-21.
Rutherford, T., Imrie, R. and Morris, J. (1996), ‘Subcontracting flexibility? Recruitment,
training and new production relations’, International Journal of Manpower, 16(8):3-21.
Saks, A., Mudrack, P. and Ashforth, B., (1996), ‘The Relationship Between the Work Ethic,
Job Attitudes, Intentions to Quit, and Turnover for Temporary Employees’, Canadian
Journal of Administrative Services, 13(3):226-36.
Saksvik, P. (1996), ‘Attendance Pressure During Organisational Change’, International
Journal of Stress Management, 3(1):47-59.
Salminen, S., Saari, J., Saarela, K. and Rasanen, T. (1993), ‘Organisational factors
influencing serious occupational accidents’, Scandinavian Journal of Work Environment
and Health, 19:352-7.
Sandberg, A. (1995), ‘The Uddevalla experience in perspective’ in A. Sandberg (ed),
Enriching Production, Avebury, Aldershot.
Santana, V., Loomis, D., Newman, B. and Harlow, S. (1997), ‘Informal Jobs: Another
Occupational Hazard for Women’s Mental Health’, International Journal of
Epidemiology, 26(6):1236-42.
Shannon, H., Walters, V., Lewchuk, W., Richardson, J., Moran, L., Haines, T. and Verma,
D. (1996), ‘Workplace Organizational Correlates of Lost-Time Accident Rates in
Manufacturing’, American Journal of Industrial Medicine, 29:258-68.
Shaw, A. and Blewett, V. (1999), Changing Professions in Changing Times: A literature
review to identify social, industrial and technological changes which will effect the
immediate and long term professional needs of generalist OHS practitioners, Report to
National Occupational Health and Safety Commission, Sydney.
Sheehan, M., McCarthy, P. and Kearns, D. (1998), “Managerial styles during organisational
restructuring: issues for health and safety practitioners’, Journal of Occupational Health
and Safety – Australia and New Zealand, 14(1):31-37.
Siegrist, J. (1996), ‘Adverse Health Effects of High-Effort/Low-Reward Conditions’,
Journal of Occupational Health Psychology, 1(1):27-41.
Simpson, R. (1997), ‘Organisational Restructuring and Presenteeism: The Impact of Long
Hours on the Working Lives of Managers in the UK’, paper presented to 12th ERU
conference, Cardiff Business School, Wales 11-12 September.
Simpson, R. (2000), ‘Presenteeism and the impact of long hours on managers’, in
Winstanley, D. and Woodall, J. eds. Ethical Issues in Contemporary Human Resource
Management, Macmillan Business, Basingstoke, 156-71.
Snyder, W. (1994), ‘Hospital downsizing and increased frequency of assaults on staff’,
Hospital and Community Psychiatry, 45(4):378-80.
Stanworth, C. (2000), ‘Flexible working patterns’ in Winstanley, D. and Woodall, J. eds.
Ethical Issues in Contemporary Human Resource Management, Macmillan Business,
Basingstoke, 137-55.
Stoner, C. and Hartman, R. (1997), ‘Organizational Therapy: Building Survivor Health and
Competitiveness’, Advanced Management Journal, 62(3):25-31,41.
Suruda, A. and Dean. L. (1996), ‘Fatal Injuries to Teenage Construction Workers in the US’
paper presented to the Third International Conference on Injury Prevention and Control,
Melbourne.
Suruda, A. and Wallace, D. (1996), ‘Fatal work-related injuries in the US chemical industry
1984-89’, International Archives of Occupational and Environmental Health, 68:425-28.
Szubert, Z., Sobala, W. and Zyci’nska, Z. (1997), ‘The effect of system restructuring on
absenteeism due to sickness in the workplace’, Medycyna Pracy, 48(5):543-51.
Synthesis Report, (1997), Temporary work, accidents prevention and security: social
dialogue and training techniques, Italian Ministry of Labour and Social Insurance, Rome.
Thebaud-Mony, A. (1999), ‘Contracting and subcontracting by the French Nuclear Power
Industry’, International Journal of Occupational and Environmental Health, 5(4):296-99.
Theorell, T., Hamsten, A., de Faire, U., Orth-Gormer, K. and Perski, A. (1987),
‘Psychosocial work conditions before myocardial infarction in young men’, International
Journal of Cardiology, 15(1):33-46.
Tombs, S. (1996), ‘Injury, Death, and the Deregulation Fetish: The Politics of Occupational
Safety Regulation in UK Manufacturing Industries’, International Journal of Health
Services, 26(2):309-29.
Tull, M. (1987), ‘Blood on the Cargo: Cargo-handling and Working Conditions on the
Waterfornt at Fremantle, 1900-1939’, Labour History, 52:15-29.
Tuskes, P. and Key, M. (1988), ‘Potential hazards in small business - A gap in OSHA
protection’, Applied Industrial Hygiene, 3(2):55-7.
UK HSC, (1994), Health and Safety Statistics: Statistical Supplement to the 1993/94 Annual
Report, Health and Safety Commission, HMSO, London.
UK HSC, (1995), CDM Regulations: How the Regulation Affects You, Health and Safety
Commission, HMSO, London.
UK HSE, (1996), The health and safety implications of changing patterns of employment,
Health and Safety Executive Policy Unit, London.
UK HSE, (1997), Managing contractors: A guide to employers, Health and Safety
Executive, HMSO, Norwich.
Underwood, R. (1994), ‘Has your corporate OHS culture survived in the recession?’,
Journal of Occupational Health and Safety – Australia and New Zealand, 10(1):51-4.
United States Government Accounting Office, (1996), Federal Downsizing: Better
Workforce and Strategic Planning Could Have Made Buyouts More Effective, United
States General Accounting Office, Washington DC.
US BLS, (1995), New Data on Contingent and Alternative Employment, Report 900, US
Department of Labor, Washington.
US BLS, (1996), National Census of Fatal Occupational Injuries, 1995, Bureau of Labor
Statistics, Department of Labor, Washington DC.
US BLS, (1997), National Census of Fatal Occupational Injuries, 1996, Bureau of Labor
Statistics, Department of Labor, Washington DC.
Van Poppel, M., Koes, B. and Bouter, L. (1998), ‘Letters: Preventing Low Back Pain in
Industry’, Journal of the American Medical Association, 280(23):1993-4.
van Waarden, F., den Hertog, J., Vinke, H. And Wilthagen, T. (1997), Prospects for safe and
sound jobs, Ministry of Social Affairs and Employment, the Netherlands.
Vahtera, J., Kivimaki, M. and Pentti, J. (1998), ‘Effects of Organisational downsizing on
health of employees’, The Lancet 350:1124-8.
Vosko, L. (1998), ‘Regulating Precariousness? The Temporary Employment Relationship
Under the NAFTA and the EC Treaty’, Relations Industrielles, 53(1):
Wahlstead, K. and Edling, C. (1997), ‘Organisational changes at a postal sorting terminal –
Their effects on work satisfaction, psychosomatic complaints and sick leave’, Work and
Stress, 11(3):279-91.
Walters, D. (1997), 'Preventive Services in Occupational Health and Safety in Europe:
Developments and Trends in the 1990s', International Journal of Health Services,
27(2):247-71.
Walters, D. and James, P. (1998), Robens revisited: The case for a review of occupational
health and safety legislation, Institute of Employment Rights, London.
Webb, S. and Webb, B. (1914), Industrial Democracy, Longman, Green & Co., New York.
Wendling, R. and Drida, M. (1999), ‘Le recours accru a la sous-traitance: implications pour
la sante des salaries et pour l’action de prevention’, Archives des Maladies
Professionalles et De Medicine Du Travail, 60(6):561-2.
Westberg, H. (1997), ‘Flexible Labour Markets and Welfare Systems in Sweden, National
Institute for Working Life, Solna, Sweden.
Wiatrowski, W. (1994), ‘Small business and their employees’, Monthly Labor Review,
117(10):29-35.
Williams, C. (1997), ‘Women and Occupational Health and Safety: From Narratives of
Danger to Invisibility’, Labour History, 73:30-52.
Witmer, E., Minister for Labour, (1997), Review of the Occupational Health and Safety Act,
Discussion Paper, February, Ontario.
Wohl, A. (1983), Endangered Lives: Public Health in Victorian Britain, Methuen, London.
Wokutch, R. (1992), Worker Protection, Japanese Style: Occupational Safety and Health in
the Auto Industry, ILR Press, Ithica New York.
Workers’ Health International Newsletter, various issues.
Wright, C. (1986), ‘Routine deaths: fatal accidents in the oil industry’, Sociological Review,
34(2):265-89.
Wright, C. (1994), ‘A fallible safety system: institutionalised irrationality in the offshore oil
and gas industry’, Sociological Review, 42(1):79-103.
Wright, C. and Lund, J. (1996), ‘Best Practice Taylorism: “Yankee Speed-Up” in Australian
Grocery Distribution’, Journal of Industrial Relations, 38(2):196-212
Wright, C. and Lund, J. (1998), ‘Under the clock’: trade union responses to computerised
control in US and Australian grocery warehousing’, New Technology, Work and
Employment, 13(1):3-15.
WTO Council for Trade in Services, (1998a), Postal and Courier Services: Background
Note by the Secretariat, World Trade Organisation, S/C/W/39.
WTO Council for Trade in Services, (1998b), Health and Social Services: Background Note
by the Secretariat, World Trade Organisation, S/C/W/50.
WTO Council for Trade in Services, (1998c), Distribution Services: Background Note by the
Secretariat, World Trade Organisation, S/C/W/37.
WTO Council for Trade in Services, (1998d), Environmental Services: Background Note by
the Secretariat, World Trade Organisation, S/C/W/46.
WTO Council for Trade in Services, (1998e), Presence of Natural Persons: Background
Note by the Secretariat, World Trade Organisation, S/C/W/75.
Zahm, S. (2000), ‘Women at Work’, in Goldman, M. and Hatch, M. eds. Women and Health,
Academic Press, San Diego, 441-5.
Zeitlin, L. (1995), ‘Organisational downsizing and stress related illness’, International
Journal of Stress Management, 2(4):207-19.