Industrial Law: Rules that Regulate Industry Operations & Disputes - Essay Sample

Introduction

Industrial law is a set of rules that govern many factors in the operations and industry. They range from concerns on the environmental influence to the safety of the employees at work, employment and attainment of contracts and their regulations. These laws are set to ensure that the industries work under an environment that is safe for both the workers and the surrounding; it also governs the relations between companies and is used to settle disputes that arise from the interaction of industries and individuals or amongst themselves.

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Evolution of the Industrial Law

Industrial law covers various sections which include; employment issues, where the company is under the mandate to ensure that they are complying with the rights of the employees on employment. Safety at work which governs the working conditions and how accidents while at work will be handled. The concerns on environment and environmental pollution, distribution and importation of products, rent and real estate concerns (Naveed et al. 15).

The law also covers Occupational Safety and Health Administration, which includes the provision of correct safety equipment and proper working conditions such as levels of exposure to radiation or heat. To sum up, industrial law responds to cases of the company's exploitation of its worker and complaints put across by other organizations such as trade unions and workers unions.

Achievement

The entry of the Industrial Revolution marked a critical time in the space of workers and their relation to the employers. A drastic change occurred due to the increase in the scale of work from small to large. The employees started working at a more official level with the employers looking for ways to ensure that the production was at the maximum. The clash of these two interests meant that the employee had to join trade unions so that they could advocate for better working conditions.

To maintain the balance between achievement of conducive environment and the increase in production gave rise for the need of laws to solve the conflicts that arise between the two parties. The first laws centred in the abolition of child labour. The use of children had been on the rise but with the spread of yellow fever. Laws such as the Health and Morals of Apprentices Act saw the reduction in the use of children in hazardous conditions. Working conditions quality is addressed in the late 19th century as the workers in the factories restricted to eighteen years of age. The working hours were also gradually reduced and removal of work at night (Sabyasachi 253).

The working environment has been improving since then. The Germans were responsible for the pioneering of compensation of workers and insurance from sickness. Workers have had a better working environment where they are protected from harmful conditions while working in factories. The credit for the quest for the reduction of working hours is to this period of revolution. Implementations of these laws then gave rise to the branch of law known as industrial law or labour law.

Implications

Industrial law has brought about the margin from which an individual is deemed fit to work in the industry. Due to the regulations, children under the age of eighteen and older people above the age of fifty-five are not allowed to work in the sectors. Before the implementation of these laws, everyone was free to try their hand in working as long as they felt comfortable working there. The change has brought about a waste of resources as populations under the age of eighteen are growing more significant as the day goes by. Old men with a lot of experience in the industry are forced to retire due to age, yet they could be of use in training the next generation on the skills they have gained.

The industry is gradually growing complicated. Since the workers are demanding better working conditions, the employees have also raised the levels at which they employ their staff. These high requirements cut out most of the people who are capable of doing the task. The level of experience required is astronomical rendering many youths jobless, yet they have spent a lot of resources training for the jobs (Rebecca 16).

Development of Industrial laws has seen a decrease in the level of waste and pollution released to the environment. Various standards have been put in place to ensure that the industries are not carelessly releasing waste. The productions are also compelled to provide the workers at their premises are working under safe conditions. Inspection and certification of the workplace, the issue of insurance of health and privileges in the event of accidents at the workplace are some of the requirements that ensure the employer is cautious about the working environment.

Court Cases

The case of Loos verses BNSF Railway Co. Loos's injury occurred during his time working at the Railways Company. The court grants compensation in favour of Michael Loos because his rights are not respected; the company ends paying for Loos' medical expenses. The court proves that the company was ignorant of the working conditions of its workers. They were unable to provide a safe working condition.

Weyerhaeuser Company had to face FWS in court to decide whether they are granted permission to build in a site that is marked Unit 1. The court ruled in favour of the agency because the water body was considered a habitat for endangered species of frogs. They were not allowed to go ahead with demolishing the area to build a development plan. This conclusion is made because while the court was no against the development project, it is against the law to destroy the environment. This was the judgment even though the site has no inhabitants for some time ("Revised Laws." Oyez 3).

Works Cited

Ahmed, Naveed, et al. "Putting child labour laws to work: evidence from Colombia." (2017).

Zahn, Rebecca. New Labour Laws in Old Member States: Trade Union Responses to European Enlargement. Cambridge University Press, 2017.

Bhattacharya, Sabyasachi. "Labour laws and the global economy: The discourse of labour control and welfare in India, 1919-1947." The Changing Face of Imperialism. Routledge India, 2018. 247-264.

"Revised Laws." Oyez, www.oyez.org/advocates/revised_laws. Accessed 16 May. 2019