Anticorruption Legislation: What SH&E Professionals Need to Know
- Norm Keith (Gowlings LLP) | Ryan Campbell (Rubin Thomlinson LLP)
- Document ID
- American Society of Safety Engineers
- Professional Safety
- Publication Date
- December 2012
- Document Type
- Journal Paper
- 46 - 54
- 2012. American Society of Safety Engineers
- 0 in the last 30 days
- 41 since 2007
- Show more detail
The corruption of government officials is as old as government regulation and enforcement itself. There is a growing legislative response to this problem globally. Government safety and health inspectors are not immune from pressure and corruption. As the world continues to flatten, globalization compels regional and national firms to compete on an international scale. Cost pressures from emerging economies and industries are enormous.
Methods to gain business are not always limited to ethical and lawful means. Pressures to engage in manufacturing, transportation, construction, mining and other commercial activities abroad are growing. North American businesses must comply with the legislative and regimes of numerous foreign governments, but foreign regimes are occasion-ally corrupt. The cultures, values and practices of the host country may vary from legislation and regulatory integrity at home.
Safety and health standards in foreign jurisdictions vary tremendously. Government officials are not always honest or ethical. Difficulties may arise for international firms when local business practices allow, encourage or accept payments to government officials. Government officials or offices may expedite processes, or circumvent safety and health legislative requirements, in exchange for bribes and benefits. To remain competitive with local organizations, international and multinational firms may be tempted to adopt similar strategies, values and practices to ensure their success. This raises serious challenges for international corporations and their SH&E and ethical values.
The law also has responded to the challenges of foreign corruption. Several developed countries, including the U.S., Canada and the U.K., have passed legislation to prohibit corrupt activity domestically and abroad. The scope of anticorruption legislation across these jurisdictions is relatively uniform, as will be discussed, but the jurisdiction asserted by each statutory regime varies.
These laws apply to SH&E professionals and these laws create significant penalties for those who disobey.
|File Size||298 KB||Number of Pages||9|