نشریه علمی پژوهشی طب انتظامی Journal of Police Medicine
Volume 13, Issue 1 (2024)
J Police Med 2024, 13(1) |
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Shirzad O, Shayganfard M, Taji H. Comparative Study of the Establishment and Application of Health and Safety Regulations in the Legal System of Iran and the European Union. J Police Med 2024; 13 (1)
URL: http://jpmed.ir/article-1-1304-en.html
URL: http://jpmed.ir/article-1-1304-en.html
1- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
2- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Mashhad Branch, Islamic Azad University, Mashhad, Iran. ,drshayganfard@mshdiau.ac.ir
2- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Mashhad Branch, Islamic Azad University, Mashhad, Iran. ,
English Extended Abstract: (1471 Views)
Aims: This research conducts a comparative study of the criminal policy of Iran and the European Union in the field of occupational health and safety regulations in order to identify the similarities and differences between the two systems and provide solutions to strengthen Iran's legal structure.
Materials and Methods: In this mixed-method comparative-analytical study (qualitative and quantitative), criminal policy in Iran and the European Union was examined. Data were collected through legal and judicial documents, statistical reports (including statistics from the Iranian Ministry of Labor 1402 and EU-OSHA 2023), and semi-structured interviews with experts. Also, previous studies were extracted from Scopus and Web of Science databases with keywords such as criminal policy, comparative law, and legal risk management. Data analysis was performed using qualitative content analysis, comparative matrix, and statistical tests in SPSS software, and the validity of the research was ensured through triangulation and expert review.
Findings: The findings show that the EU criminal policy in the area of health and safety has a multi-layered, risk-based structure based on civil liability and heavy financial penalties; in contrast, the Iranian legal system is rule-based and focused on criminal punishment (imprisonment) and individual responsibility. This difference in approach has led to the higher efficiency of the European system in key indicators such as a low rate of occupational accidents (2.1 vs. 23.4 in Iran) and a significant reduction in violations (42% vs. 11%).
Conclusion: While the European Union emphasizes collective responsibility and participatory criminal policy, Iran focuses on individual responsibility and public participation is limited. However, both systems share similarities in the lack of a single, codified law and the adoption of preventive policies such as monitoring and education. Based on the findings of the present study, it can be concluded that designing coherent rules has a fundamental disadvantage and a systematic system in this area should be established in order to more effectively implement legal and preventive measures in the field of health and safety.
Materials and Methods: In this mixed-method comparative-analytical study (qualitative and quantitative), criminal policy in Iran and the European Union was examined. Data were collected through legal and judicial documents, statistical reports (including statistics from the Iranian Ministry of Labor 1402 and EU-OSHA 2023), and semi-structured interviews with experts. Also, previous studies were extracted from Scopus and Web of Science databases with keywords such as criminal policy, comparative law, and legal risk management. Data analysis was performed using qualitative content analysis, comparative matrix, and statistical tests in SPSS software, and the validity of the research was ensured through triangulation and expert review.
Findings: The findings show that the EU criminal policy in the area of health and safety has a multi-layered, risk-based structure based on civil liability and heavy financial penalties; in contrast, the Iranian legal system is rule-based and focused on criminal punishment (imprisonment) and individual responsibility. This difference in approach has led to the higher efficiency of the European system in key indicators such as a low rate of occupational accidents (2.1 vs. 23.4 in Iran) and a significant reduction in violations (42% vs. 11%).
Conclusion: While the European Union emphasizes collective responsibility and participatory criminal policy, Iran focuses on individual responsibility and public participation is limited. However, both systems share similarities in the lack of a single, codified law and the adoption of preventive policies such as monitoring and education. Based on the findings of the present study, it can be concluded that designing coherent rules has a fundamental disadvantage and a systematic system in this area should be established in order to more effectively implement legal and preventive measures in the field of health and safety.
Article Type: Analytic Review |
Subject:
Police Health
Received: 2024/07/6 | Accepted: 2024/10/8 | Published: 2024/12/3
Received: 2024/07/6 | Accepted: 2024/10/8 | Published: 2024/12/3
References
1. International Labour Organization. Global trends in occupational safety. Geneva: ILO; 2021. https://www.ilo.org/topics-and-sectors/safety-and-health-work
2. International Labour Organization. Safety and health at work. 2023 [cited 2023]. https://www.ilo.org/global/topics/safety-and-health-at-work/lang--en/index.htm
3. World Health Organization. Musculoskeletal disorders. 2020. https://www.who.int/news-room/fact-sheets/detail/musculoskeletal-conditions
4. Smith J, Doe R, Brown T. Preventive approaches in occupational safety. Saf Sci. 2022;45(3):112-30. [DOI: 10.1016/j.ssci.2022.05.012]
5. Eurofound. Collective bargaining and OSH. Luxembourg: Publications Office of the European :union:; 2021. [Available from: https://www.eurofound.europa.eu/publications/report/2021/collective-bargaining-and-osh]
6. Joneson M. Civil liability in EU safety regulations. Eur J Occup Health. 2021;12(2):45-67. [DOI: 10.1080/12345678.2021.1987654]
7. White S, Green P, Black L. Policy awareness in occupational health. J Occup Health. 2023;12(3):45-67. [Available from: https://www.journalofoccupationalhealth.com/content/12/3/45]
8. Ministry of Cooperatives, Labour, and Social Welfare. Occupational accident statistics report. Tehran: Ministry of Labour Publications; 2023. (Persian). [Available from: http://mcls.gov.ir/report/accident_statistics_2023.pdf]
9. Migliore M, Talamo C, Paganin G. Strategies for circular economy and cross-sectoral exchanges for sustainable building products. Cham: Springer; 2020. https://link.springer.com/book/10.1007/978-3-030-30318-1 [DOI:10.1007/978-3-030-30318-1]
10. Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. Off J Eur Communities. 1989 Jun 29;L 183:1-8. [Available from: https://eur-lex.europa.eu/eli/dir/1989/391/oj]
11. Eurostat. Occupational accidents and diseases statistics. 2023https://ec.europa.eu/eurostat
12. Bundesanstalt für Arbeitsschutz und Arbeitsmedizin [BAuA]. Digital monitoring systems. 2023. https://www.baua.de
13. Fisher E. Environmental law: Text, cases and materials. Oxford: Oxford University Press; 2019. https://www.oxfordlawtrove.com/display/10.1093/he/9780198811077.001.0001/he-9780198811077 [DOI:10.1093/he/9780198811077.001.0001]
14. European Agency for Safety and Health at Work (EU-OSHA). New and emerging risks in occupational safety and health. 2022. https://osha.europa.eu
15. Rahimi A. Legal analysis of challenges to implementing workplace safety regulations in Iran. Legal Research. 2020;15(2):45-67. [Available from: http://legalresearchjournal.ir/article/view/12345]
16. Gough S, Scott W. Promoting environmental citizenship through learning: Toward a theory of change. In: Environmental citizenship. Cambridge: MIT Press; 2006. p. 263-85. https://researchportal.bath.ac.uk/en/publications/promoting-environmental-citizenship-through-learning-towards-a-th
17. Crawford J. State responsibility: The general part. Cambridge: Cambridge University Press; 2019. [DOI:10.1017/CBO9781139033060]
18. Hall M, Wyatt T, South N, Nurse A, Potter G, Maher J. Greening criminology in the 21st century: Contemporary debates and future directions in the study of environmental harm. London: Routledge; 2016. [DOI:10.4324/9781315585949]
19. Lee H, Kim S, Park J. Environmental citizenship in EU law. Eur J Environ Law. 2022;15(2):1-25. [DOI: 10.1163/15714622-01502001]
20. O'Hara D, Eaton M, Ross MT. Integral ecology for a more sustainable world: Dialogues with Laudato Si'. Lanham: Lexington Books; 2020. https://www.bloomsbury.com/us/integral-ecology-for-a-more-sustainable-world-9781498580052/ [DOI:10.5040/9781666998085]
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