The inspector's dilemma under regulated self-regulation

Regulated self-regulation (RSR) as the main strategy for regulation in the occupational safety and health (OSH) field, and the expansion of the work environment concept to include work organisation and psychosocial health, requires that inspection authorities re-evaluate their old methods of inspection and develop new ones. Of vital importance here is the question of the socalled 'inspector's dilemma' between control and educative methods in inspections. This dilemma is a classic question of state regulation. It rests on two different principles for state activity: the legality and the service principles. In this paper, the general logical and practical consequences that the RSR strategy has, or rather should have, on inspectors' work are elaborated and explored, along with the two sides of the dilemma. The main conclusions of this paper are that the inspector's dilemma is a permanent feature and can only be handled on a case-by-case basis. However, because of the growing complexity and differentiation in working life, and because of the change of strategy and the introduction of new tasks for the inspectorate, both the content of and the balance between the roles in the dilemma have to change. All in all, this change calls for a stronger emphasis on the role of educator. At the same time, the content of the role has to change from traditional methods of direct control and advice or persuasion to negotiation, guiding and tutoring. However, to undertake inspections in the OSH field today is to work with mixed strategies. Even if RSR is given as the main strategy, the traditional command and control strategy still lives side by side with it in legislation. Methods based on this rationale sometimes have to be given priority. Overall, the fulfilment of the new tasks demands the development of further areas of professional competence and a higher degree of discretion for individual inspectors. To an even greater extent than before, they have to be flexible in unique situations and develop the right tactics adjusted to local conditions.