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‘Best practice’ in occupational health and safety (OHS) performance needs to recognize the declining emphasis that is being placed on the capacity of the regulatory state. This article argues that there are more appropriate forms of OHS regulation than direct command and control. The development of a systems‐based approach acknowledges the importance of continuous improvement, benchmarking, and internal self‐regulation. In order to encourage a systems‐based approach, it is suggested that some form of persuasion by coercion by means of law remains a necessary condition for the establishment of an incentive‐based ‘voluntary’ regime.
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Neil Gunningham (1999) studied this question.
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