ABSTRACT

The “common interest” principle-the key idea in which Western liberal traditions of social regulation are embedded-can be traced back to early forms of social regulation in the 19th century (Carson, 1985; Tucker, 1990). It is the same principle that formally underpins the UK Health and Safety at Work Act. As the Robens Report, which laid the foundations of the Act, asserted, “There is greater natural identity of interest between ‘the two sides’ in relation to health and safety problems than in most other matters. There is no legitimate scope for ‘bargaining’ on safety and health issues” (Robens, 1972: para. 66).