Whither occupational health and safety?

In a research paper, entitled ‘Labour Law After Labour’ published in 2011 Harry Arthurs developed a theory that labour law has gone through two phases and is now in a state of crisis. In his brief overview of the history of labour law he suggests that in the early years of the industrial revolution it was designed to protect the most vulnerable workers against physical and moral brutality but through much of the 20th century was largely focussed on collective issues. He then suggests that the type of ‘labourers’ for whom labour law was designed no longer exist and makes proposals for the way forward. This article considers whether this analysis, based on Canadian experience, is reflected in the development of occupational health and safety law in Britain. It reviews the past in two sections ‘Employee Protection’ and ‘Social Partnership’, then, after overviewing ‘Social Change’ in the last quarter century, it speculates as to the future having regard to the ideas Arthurs advances in his paper