Academic literature on the topic 'Industrial hygiene Law and legislation Victoria'

After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.

The article examines issues of labor legislation of Ukraine in connection with the involvement of employees in overtime work. The object of scientific research is the duties of employees determined by their work function, as well as the duties that employees are obliged to observe due to compliance with the rules of industrial sanitation, hygiene and occupational health and safety. At the same time, the authors substantiate that compliance with such duties, in particular in the case before the beginning of the working day (shift) or after it ends, is not overtime work and cannot be paid in a double amount, as it is provided for this type of work. For this purpose, the authors analyze the domestic legislation on overtime work, while special attention is paid to the grounds and conditions for involving employees in this type of work. They do not overlook the legislation on labor remuneration, in particular, the expediency of providing in the collective agreement additional payments to employees for the performance of duties that precede the beginning of the working day (shift) and the performance of duties after their completion is substantiated. The subject of the study is also the question of establishing such obligations by acts of a local nature. At the same time, the authors prove that employers are able to attract employees to work before the beginning of the working day (shift) or after it ends. However, employers must provide for such obligations by acts of a local nature, primarily by internal work order rules. This will contribute to employees' compliance with labor discipline and may serve as a necessary basis for bringing them to disciplinary responsibility in case of unwillingness to perform such duties, or their improper performance. The article ends with short conclusions reached by the authors based on the analysis of domestic legislation and case law materials.

Introduction For some time now there has been a strong critical framework that identifies a significant shift in the politics of homosexuality in the Anglo-oriented West over the last fifteen to twenty years. In this article I draw on this framework to describe the current moment in the Australian cultural politics of homosexuality. I focus on the issue of same-sex marriage as a key indicator of the currently emerging era. I then turn to two Australian texts about marriage that were produced in “the period before” this time, with the aim of recovering what has been partially lost from current formations of GLBT politics and from available memories of the past. Critical Histories Lisa Duggan’s term “the new homonormativity” is the frame that has gained widest currency among writers who point to the incorporation of certain versions of homosexuality into the neo-liberal (U.S.) mainstream. She identifies a sexual politics that “does not contest dominant heteronormative assumptions and institutions, but upholds and sustains them, while promising the possibility of a demobilized gay constituency and a privatized, depoliticized gay culture anchored in domesticity and consumption” (50). More recently, writing of the period inaugurated by the so-called “war on terror” and following Duggan, Jasbir Puar has introduced the term “homonationalism” to refer to “a collusion between homosexuality and American nationalism that is generated both by national rhetorics of patriotic inclusion and by gay and queer subjects themselves” (39). Damien Riggs adds the claims of Indigenous peoples in ongoing colonial contexts to the ground from which contemporary GLBT political claims can be critiqued. He concludes that while “queer people” will need to continue to struggle for rights, it is likely that cultural intelligibility “as a subject of the nation” will be extended only to those “who are established through the language of the nation (i.e., one that is founded upon the denial of colonial violence)” (97). Most writers who follow these kinds of critical analyses refer to the discursive place of homosexual couples and families, specifically marriage. For Duggan it was the increasing focus on “full gay access to marriage and military service” that defined homonormativity (50). Puar allows for a diversity of meanings of same-sex marriage, but claims that for many it is “a demand for reinstatement of white privileges and rights—rights of property and inheritance in particular” (29; see also Riggs 66–70). Of course not all authors locate the political focus on same-sex marriage and its effects as a conservative affair. British scholar Jeffrey Weeks stresses what “we” have gained and celebrates the rise of the discourse of human rights in relation to sexuality. “The very ordinariness of recognized same-sex unions in a culture which until recently cast homosexuality into secret corners and dark whispers is surely the most extraordinary achievement of all” (198), he writes. Australian historian Graham Willett takes a similar approach in his assessment of recent Australian history. Noting the near achievement of “the legal equality agenda for gay people” (“Homos” 187), he notes that “the gay and lesbian movement went on reshaping Australian values and culture and society through the Howard years” (193). In his account it did this in spite of, and untainted by, the dominance of Howard's values and programs. The Howard period was “littered with episodes of insult and discrimination … [as the] government tried to stem the tide of gay, lesbian and transgender rights that had been flowing so strongly since 1969”, Willett writes (188). My own analysis of the Howard years acknowledges the significant progress made in law reform relating to same-sex couples and lesbian and gay parents but draws attention to its mutual constitution with the dominance of the white, patriarchal, neo-liberal and neo-conservative ideologies which dominated social and political life (2013 forthcoming). I argue that the costs of reform, fought for predominantly by white and middle class lesbians and gay men deploying homonormative discourses, included the creation of new identities—single lesbians and gays whose identity did not fit mainstream notions, non-monogamous couples and bad mothers—which were positioned on the illegitimate side of the newly enfranchised. Further the success of the reforms marginalised critical perspectives that are, for many, necessary tools for survival in socially conservative neoliberal times. Same-Sex Marriage in Australia The focus on same-sex marriage in the Australian context was initiated in April 2004 by then Prime Minister Howard. An election was looming and two same-sex couples were seeking recognition of their Canadian marriages through the courts. With little warning, Howard announced that he would amend the Federal Marriage Act to specify that marriage could only take place between a man and a woman. His amendment also prevented the recognition of same-sex marriages undertaken overseas. Legislation was rushed through the parliament in August of that year. In response, Australian Marriage Equality was formed in 2004 and remains at the centre of the GLBT movement. Since that time political rallies in support of marriage equality have been held regularly and the issue has become the key vehicle through which gay politics is understood. Australians across the board increasingly support same-sex marriage (over 60% in 2012) and a growing majority of gay and lesbian people would marry if they could (54% in 2010) (AME). Carol Johnson et al. note that while there are some critiques, most GLBT people see marriage “as a major equality issue” (Johnson, Maddison and Partridge 37). The degree to which Howard’s move changed the terrain of GLBT politics cannot be underestimated. The idea and practice of (non-legal) homosexual marriage in Australia is not new. And some individuals, publicly and privately, were calling for legal marriage for same-sex couples before 2004 (e.g. Baird, “Kerryn and Jackie”). But before 2004 legal marriage did not inspire great interest among GLBT people nor have great support among them. Only weeks before Howard’s announcement, Victorian legal academic and co-convenor of the Victorian Gay & Lesbian Rights Lobby Miranda Stewart concluded an article about same-sex relationship law reform in Victoria with a call to “begin the debate about gay marriage” (80, emphasis added). She noted that the growing number of Australian couples married overseas would influence thinking about marriage in Australia. She also asked “do we really want to be part of that ‘old edifice’ of marriage?” (80). Late in 2003 the co-convenors of the NSW Gay and Lesbian Rights Lobby declared that “many members of our community are not interested in marriage” and argued that there were more pressing, and more practical, issues for the Lobby to be focused on (Cerise and McGrory 5). In 2001 Jenni Millbank and Wayne Morgan, two leading legal academics and activists in the arena of same-sex relationship politics in Australia, wrote that “The notion of ‘same-sex marriage’ is quite alien to Australia” (Millbank and Morgan, 295). They pointed to the then legal recognition of heterosexual de facto relationships as the specific context in Australia, which meant that marriage was not viewed as "paradigmatic" (296). In 1998 a community consultation conducted by the Equal Opportunity Commission in Victoria found that “legalising marriage for same-sex couples did not enjoy broad based support from either the community at large or the gay and lesbian community” (Stewart 76). Alongside this general lack of interest in marriage, from the early-mid 1990s gay and lesbian rights groups in each state and territory began to think about, if not campaign for, law reform to give same-sex couples the same entitlements as heterosexual de facto couples. The eventual campaigns differed from state to state, and included moments of high profile public activity, but were in the main low key affairs that met with broadly sympathetic responses from state and territory ALP governments (Millbank). The previous reforms in every state that accorded heterosexual de facto couples near equality with married couples meant that gay and lesbian couples in Australia could gain most of the privileges available to heterosexual couples without having to encroach on the sacred territory (and federal domain) of marriage. In 2004 when Howard announced his marriage bill only South Australia had not reformed its law. Notwithstanding these reforms, there were matters relating to lesbian and gay parenting that remained in need of reform in nearly every jurisdiction. Further, Howard’s aggressive move in 2004 had been preceded by his dogged refusal to consider any federal legislation to remove discrimination. But in 2008 the new Rudd government enacted legislation to remove all discrimination against same-sex couples in federal law, with marriage and (ironically) the lack of anti-discrimination legislation on the grounds of sexuality the exceptions, and at the time of writing most states have made or will soon implement the reforms that give full lesbian and gay parenting rights. In his comprehensive account of gay politics from the 1950s onwards, published in 2000, Graham Willett does not mention marriage at all, and deals with the moves to recognise same-sex relationships in one sixteen line paragraph (Living 249). Willett’s book concludes with the decriminalisation of sex between men across every state of Australia. It was written just as the demand for relationship reform was becoming the central issue of GLBT politics. In this sense, the book marks the end of one era of homosexual politics and the beginning of the next which, after 2004, became organised around the desire for marriage. This understanding of the recent gay past has become common sense. In a recent article in the Adelaide gay paper blaze a young male journalist wrote of the time since the early 1970s that “the gay rights movement has shifted from the issue of decriminalising homosexuality nationwide to now lobbying for full equal rights for gay people” (Dunkin 3). While this (reductive and male-focused) characterisation is not the only one possible, I simply note that this view of past and future progress has wide currency. The shift of attention in this period to the demand for marriage is an intensification and narrowing of political focus in a period of almost universal turn by state and federal governments to neoliberalism and an uneven turn to neo-conservatism, directions which have detrimental effects on the lives of many people already marginalised by discourses of sexuality, race, class, gender, migration status, (dis)ability and so on. While the shift to the focus on marriage from 2004 might be understood as the logical final step in gaining equal status for gay and lesbian relationships (albeit one with little enthusiasm from the GLBT political communities before 2004), the initiation of this shift by Prime Minister Howard, with little preparatory debate in the LGBT political communities, meant that the issue emerged onto the Australian political agenda in terms defined by the (neo)conservative side of politics. Further, it is an example of identity politics which, as Lisa Duggan has observed in the US case, is “increasingly divorced from any critique of global capitalism” and settles for “a stripped-down equality, paradoxically imagined as compatible with persistent overall inequality” (xx). Brides before Marriage In the last part of this article I turn to two texts produced early in 1994—an activist document and an ephemeral performance during the Sydney Gay and Lesbian Mardi Gras parade. If we point only to the end of the era of (de)criminalisation, then the year 1997, when the last state, Tasmania, decriminalised male homosex, marks the shift from one era of the regulation of homosexuality to another. But 1994 bore the seeds of the new era too. Of course attempts to identify a single year as the border between one era and the next are rhetorical devices. But some significant events in 1994 make it a year of note. The Australian films Priscilla: Queen of the Desert and The Sum of Us were both released in 1994, marking particular Australian contributions to the growing presence of gay and lesbian characters in Western popular culture (e.g. Hamer and Budge). 1994 was the UN International Year of the Family (IYF) and the Sydney Gay and Lesbian Mardi Gras chose the theme “We are Family” and published endorsement from both Prime Minister Keating and the federal opposition leader John Hewson in their program. In 1994 the ACT became the first Australian jurisdiction to pass legislation that recognised the rights and entitlements of same-sex couples, albeit in a very limited and preliminary form (Millbank 29). The NSW Gay and Lesbian Rights Lobby's (GLRL) 1994 discussion paper, The Bride Wore Pink, can be pinpointed as the formal start to community-based activism for the legal recognition of same-sex relationships. It was a revision of an earlier version that had been the basis for discussion among (largely inner Sydney) gay and lesbian communities where there had been lively debate and dissent (Zetlein, Lesbian Bodies 48–57). The 1994 version recommended that the NSW government amend the existing definition of de facto in various pieces of legislation to include lesbian and gay relationships and close non-cohabiting interdependent relationships as well. This was judged to be politically feasible. In 1999 NSW became the first state to implement wide ranging reforms of this nature although these were narrower than called for by the GLRL, “including lesser number of Acts amended and narrower application and definition of the non-couple category” (Millbank 10). My concern here is not with the politics that preceded or followed the 1994 version of The Bride, but with the document itself. Notwithstanding its status for some as a document of limited political vision, The Bride bore clear traces of the feminist and liberationist thinking, the experiences of the AIDS crisis in Sydney, and the disagreements about relationships within lesbian and gay communities that characterised the milieu from which it emerged. Marriage was clearly rejected, for reasons of political impossibility but also in light of a list of criticisms of its implication in patriarchal hierarchies of relationship value (31–2). Feminist analysis of relationships was apparent throughout the consideration of pros and cons of different legislative options. Conflict and differences of opinion were evident. So was humour. The proliferation of lesbian and gay commitment ceremonies was listed as both a pro and a con of marriage. On the one hand "just think about the prezzies” (31); on the other, “what will you wear” (32). As well as recommending change to the definition of de facto, The Bride recommended the allocation of state funds to consider “the appropriateness or otherwise of bestowing entitlements on the basis of relationships,” “the focusing on monogamy, exclusivity and blood relations” and the need for broader definitions of “relationships” in state legislation (3). In a gesture towards a political agenda beyond narrowly defined lesbian and gay interests, The Bride also recommended that “the lesbian and gay community join together with other groups to lobby for the removal of the cohabitation rule in the Social Security Act 1991” (federal legislation) (34). This measure would mean that the payment of benefits and pensions would not be judged in the basis of a person’s relationship status. While these radical recommendations may not have been energetically pursued by the GLRL, their presence in The Bride records their currency at the time. The other text I wish to excavate from 1994 is the “flotilla of lesbian brides” in the 1994 Sydney Gay and Lesbian Mardi Gras. These lesbians later appeared in the April 1994 issue of Sydney lesbian magazine Lesbians on the Loose, and they have a public afterlife in a photo by Sydney photographer C Moore Hardy held in the City of Sydney archives (City of Sydney). The group of between a dozen and twenty lesbians (it is hard to tell from the photos) was dressed in waist-to-ankle tulle skirts, white bras and white top hats. Many wore black boots. Unshaven underarm hair is clearly visible. Many wore long necklaces around their necks and the magazine photo makes clear that one bride has a black whip tucked into the band of her skirt. In an article about lesbians and legal recognition of their relationships published in 1995, Sarah Zetlein referred to the brides as “chicks in white satin” (“Chicks”). This chick was a figure that refused the binary distinction between being inside and outside the law, which Zetlein argued characterised thinking about the then emerging possibilities of the legal recognition of lesbian (and gay) relationships. Zetlein wrote that “the chick in white satin”: Represents a politics which moves beyond the concerns of one’s own identity and demands for inclusion to exclusion to a radical reconceptualisation of social relations. She de(con)structs and (re) constructs. … The chick in white satin’s resistance often lies in her exposure and manipulation of her regulation. It is not so much a matter of saying ‘no’ to marriage outright, or arguing only for a ‘piecemeal’ approach to legal relationship regulation, or lobbying for de facto inclusion as was recommended by The Bride Wore Pink, but perverting the understanding of what these legally-sanctioned sexual, social and economic relationships mean, hence undermining their shaky straight foundations.(“Chicks” 56–57) Looking back to 1994 from a time nearly twenty years later when (straight) lesbian brides are celebrated by GLBT culture, incorporated into the mainstream and constitute a market al.ready anticipated by “the wedding industrial complex” (Ingraham), the “flotilla of lesbian brides” can be read as a prescient queer negotiation of their time. It would be a mistake to read the brides only in terms of a nascent interest in legally endorsed same-sex marriage. In my own limited experience, some lesbians have always had a thing for dressing up in wedding garb—as brides or bridesmaids. The lesbian brides marching group gave expression to this desire in queer ways. The brides were not paired into couples. Zetlein writes that “the chick in white satin … [has] a veritable posse of her girlfriends with her (and they are all the brides)” (“Chicks” 63, original emphasis). Their costumes were recognisably bridal but also recognisably parodic and subverting; white but hardly innocent; the tulle and bras were feminine but the top hats were accessories conventionally worn by the groom and his men; the underarm hair a sign of feminist body politics. The whip signalled the lesbian underground sexual culture that flourished in Sydney in the early 1990s (O’Sullivan). The black boots were both lesbian street fashion and sensible shoes for marching! Conclusion It would be incorrect to say that GLBT politics and lesbian and gay couples who desire legal marriage in post-2004 Australia bear no trace of the history of ambivalence, critique and parody of marriage and weddings that have come before. The multiple voices in the 2011 collection of “Australian perspectives on same-sex marriage” (Marsh) put the lie to this claim. But in a climate where our radical pasts are repeatedly forgotten and lesbian and gay couples increasingly desire legal marriage, the political argument is hell-bent on inclusion in the mainstream. There seems to be little interest in a dance around the margins of inclusion/exclusion. I add my voice to the concern with the near exclusive focus on marriage and the terms on which it is sought. It is not a liberationist politics to which I have returned in recalling The Bride Wore Pink and the lesbian brides of the 1994 Gay and Lesbian Mardi Gras, but rather an attention to the differences in the diverse collective histories of non-heterosexual politics. The examples I elaborate are hardly cases of radical difference. But even these instances might remind us that “we” have never been on a single road to equality: there may be incommensurable differences between “us” as much as commonalities. They also remind that desires for inclusion and recognition by the state should be leavened with a strong dose of laughter as well as with critical political analysis. References Australian Marriage Equality (AME). “Public Opinion Nationally.” 22 Oct. 2012. ‹http://www.australianmarriageequality.com/wp/who-supports-equality/a-majority-of-australians-support-marriage-equality/›. Baird, Barbara. “The Politics of Homosexuality in Howard's Australia.” Acts of Love and Lust: Sexuality in Australia from 1945-2010. Eds. Lisa Featherstone, Rebecca Jennings and Robert Reynolds. Newcastle: Cambridge Scholars Press, 2013 (forthcoming). —. “‘Kerryn and Jackie’: Thinking Historically about Lesbian Marriages.” Australian Historical Studies 126 (2005): 253–271. Butler, Judith. “Is Kinship Always Already Heterosexual?” Differences 13.1 (2002): 14–44. Cerise, Somali, and Rob McGrory. “Why Marriage Is Not a Priority.” Sydney Star Observer 28 Aug. 2003: 5. City of Sydney Archives [061\061352] (C. Moore Hardy Collection). ‹http://www.dictionaryofsydney.org//image/40440?zoom_highlight=c+moore+hardy›. Duggan Lisa. The Twilight of Equality?: Neoliberalism, Cultural politics, and the Attack on Democracy. Boston: Beacon Press, 2003. Dunkin, Alex. “Hunter to Speak at Dr Duncan Memorial.” blaze 290 (August 2012): 3. Hamer, Diane, and Belinda Budege, Eds. The Good Bad And The Gorgeous: Popular Culture's Romance With Lesbianism. London: Pandora, 1994. Ingraham, Chrys. White Weddings: Romancing Heterosexuality in Popular Culture, 2nd ed. New York: Routledge, 2008. Johnson, Carol, and Sarah Maddison, and Emma Partridge. “Australia: Parties, Federalism and Rights Agendas.” The Lesbian and Gay Movement and the State. Ed. Manon Tremblay, David Paternotte and Carol Johnson. Surrey: Ashgate, 2011. 27–42. Lesbian and Gay Legal Rights Service. The Bride Wore Pink, 2nd ed. Sydney: GLRL, 1994. Marsh, Victor, ed. Speak Now: Australian Perspectives on Same-Sex Marriage. Melbourne: Clouds of Mgaellan, 2011. Millbank Jenni, “Recognition of Lesbian and Gay Families in Australian Law—Part one: Couples.” Federal Law Review 34 (2006): 1–44Millbank, Jenni, and Wayne Morgan. “Let Them Eat Cake and Ice Cream: Wanting Something ‘More’ from the Relationship Recognition Menu.” Legal Recognition of Same-Sex Partnerships: A Study of National, European and International Law. Ed. Robert Wintermute and Mads Andenaes. Portland: Hart Publishing, 2001. 295–316. O'Sullivan Kimberley. “Dangerous Desire: Lesbianism as Sex or Politics.” Ed. Jill Julius Matthews. Sex in Public: Australian Sexual Cultures Sydney: Allen and Unwin, 1997. 120–23. Puar, Jasbir K. Terrorist Assemblages: Homonationalism in Queer Times. Durham: Duke UP, 2007 Stewart, Miranda, “It’s a Queer Thing: Campaigning for Equality and Social Justice for Lesbians and Gay Men”. Alternative Law Journal 29.2 (April 2004): 75–80. Walker, Kristen. “The Same-Sex Marriage Debate in Australia.” The International Journal of Human Rights 11.1–2 (2007): 109–130. Weeks, Jeffrey. The World We Have Won: The Remaking of Erotic and Intimate Life. Abindgdon: Routledge, 2007. Willett, Graham. Living Out Loud: A History of Gay and Lesbian Activism in Australia. Sydney: Allen & Unwin, 2000. Willett, Graham. “Howard and the Homos.” Social Movement Studies 9.2 (2010): 187–199. Zetlein, Sarah. Lesbian Bodies Before the Law: Intimate Relations and Regulatory Fictions. Honours Thesis, University of Adelaide, 1994. —. “Lesbian Bodies before the Law: Chicks in White Satin.” Australian Feminist Law Journal 5 (1995): 48–63.

In Australia the “intimacy” of citizenship (Berlant 2), is often used to reinforce subscription to heteronormative romantic and familial structures. Because this framing promotes discourses of moral failure, recent political attention to sexuality and same-sex couples can be filtered through insights into coalitional affiliations. This paper uses contemporary shifts in Australian politics and culture to think through the concept of coalition, and in particular to analyse connections between sexuality and governmentality (or more specifically normative bias and same-sex relationships) in what I’m calling post-coalitional Australia. Against the unpredictability of changing parties and governments, allegiances and alliances, this paper suggests the continuing adherence to a heteronormatively arranged public sphere. After the current Australian Prime Minister Julia Gillard deposed the previous leader, Kevin Rudd, she clung to power with the help of independents and the Greens, and clichés of a “rainbow coalition” and a “new paradigm” were invoked to describe the confused electorate and governmental configuration. Yet in 2007, a less confused Australia decisively threw out the Howard–led Liberal and National Party coalition government after eleven years, in favour of Rudd’s own rainbow coalition: a seemingly invigorated party focussed on gender equity, Indigenous Australians, multi-cultural visibility, workplace relations, Austral-Asian relations, humane refugee processing, the environment, and the rights and obligations of same-sex couples. A post-coalitional Australia invokes something akin to “aftermath culture” (Lambert and Simpson), referring not just to Rudd’s fall or Howard’s election loss, but to the broader shifting contexts within which most Australian citizens live, and within which they make sense of the terms “Australia” and “Australian”. Contemporary Australia is marked everywhere by cracks in coalitions and shifts in allegiances and belief systems – the Coalition of the Willing falling apart, the coalition government crushed by defeat, deposed leaders, and unlikely political shifts and (re)alignments in the face of a hung parliament and renewed pushes toward moral and cultural change. These breakdowns in allegiances are followed by swift symbolically charged manoeuvres. Gillard moved quickly to repair relations with mining companies damaged by Rudd’s plans for a mining tax and to water down frustration with the lack of a sustainable Emissions Trading Scheme. And one of the first things Kevin Rudd did as Prime Minister was to change the fittings and furnishings in the Prime Ministerial office, of which Wright observed that “Mr Howard is gone and Prime Minister Kevin Rudd has moved in, the Parliament House bureaucracy has ensured all signs of the old-style gentlemen's club… have been banished” (The Age, 5 Dec. 2007). Some of these signs were soon replaced by Ms. Gillard herself, who filled the office in turn with memorabilia from her beloved Footscray, an Australian Rules football team. In post-coalitional Australia the exile of the old Menzies’ desk and a pair of Chesterfield sofas works alongside the withdrawal of troops from Iraq and renewed pledges for military presence in Afghanistan, apologising to stolen generations of Indigenous Australians, the first female Governor General, deputy Prime Minister and then Prime Minister (the last two both Gillard), the repealing of disadvantageous workplace reform, a focus on climate change and global warming (with limited success as stated), a public, mandatory paid maternity leave scheme, changes to the processing and visas of refugees, and the amendments to more than one hundred laws that discriminate against same sex couples by the pre-Gillard, Rudd-led Labor government. The context for these changes was encapsulated in an announcement from Rudd, made in March 2008: Our core organising principle as a Government is equality of opportunity. And advancing people and their opportunities in life, we are a Government which prides itself on being blind to gender, blind to economic background, blind to social background, blind to race, blind to sexuality. (Rudd, “International”) Noting the political possibilities and the political convenience of blindness, this paper navigates the confusing context of post-coalitional Australia, whilst proffering an understanding of some of the cultural forces at work in this age of shifting and unstable alliances. I begin by interrogating the coalitional impulse post 9/11. I do this by connecting public coalitional shifts to the steady withdrawal of support for John Howard’s coalition, and movement away from George Bush’s Coalition of the Willing and the War on Terror. I then draw out a relationship between the rise and fall of such affiliations and recent shifts within government policy affecting same-sex couples, from former Prime Minister Howard’s amendments to The Marriage Act 1961 to the Rudd-Gillard administration’s attention to the discrimination in many Australian laws. Sexual Citizenship and Coalitions Rights and entitlements have always been constructed and managed in ways that live out understandings of biopower and social death (Foucault History; Discipline). The disciplining of bodies, identities and pleasures is so deeply entrenched in government and law that any non-normative claim to rights requires the negotiation of existing structures. Sexual citizenship destabilises the post-coalitional paradigm of Australian politics (one of “equal opportunity” and consensus) by foregrounding the normative biases that similarly transcend partisan politics. Sexual citizenship has been well excavated in critical work from Evans, Berlant, Weeks, Richardson, and Bell and Binnie’s The Sexual Citizen which argues that “many of the current modes of the political articulation of sexual citizenship are marked by compromise; this is inherent in the very notion itself… the twinning of rights with responsibilities in the logic of citizenship is another way of expressing compromise… Every entitlement is freighted with a duty” (2-3). This logic extends to political and economic contexts, where “natural” coalition refers primarily to parties, and in particular those “who have powerful shared interests… make highly valuable trades, or who, as a unit, can extract significant value from others without much risk of being split” (Lax and Sebinius 158). Though the term is always in some way politicised, it need not refer only to partisan, multiparty or multilateral configurations. The subscription to the norms (or normativity) of a certain familial, social, religious, ethnic, or leisure groups is clearly coalitional (as in a home or a front, a club or a team, a committee or a congregation). Although coalition is interrogated in political and social sciences, it is examined frequently in mathematical game theory and behavioural psychology. In the former, as in Axelrod’s The Evolution of Cooperation, it refers to people (or players) who collaborate to successfully pursue their own self-interests, often in the absence of central authority. In behavioural psychology the focus is on group formations and their attendant strategies, biases and discriminations. Experimental psychologists have found “categorizing individuals into two social groups predisposes humans to discriminate… against the outgroup in both allocation of resources and evaluation of conduct” (Kurzban, Tooby and Cosmides 15387). The actions of social organisation (and not unseen individual, supposedly innate impulses) reflect the cultural norms in coalitional attachments – evidenced by the relationship between resources and conduct that unquestioningly grants and protects the rights and entitlements of the larger, heteronormatively aligned “ingroup”. Terror Management Particular attention has been paid to coalitional formations and discriminatory practices in America and the West since September 11, 2001. Terror Management Theory or TMT (Greenberg, Pyszczynski and Solomon) has been the main framework used to explain the post-9/11 reassertion of large group identities along ideological, religious, ethnic and violently nationalistic lines. Psychologists have used “death-related stimuli” to explain coalitional mentalities within the recent contexts of globalised terror. The fear of death that results in discriminatory excesses is referred to as “mortality salience”, with respect to the highly visible aspects of terror that expose people to the possibility of their own death or suffering. Naverette and Fessler find “participants… asked to contemplate their own deaths exhibit increases in positive evaluations of people whose attitudes and values are similar to their own, and derogation of those holding dissimilar views” (299). It was within the climate of post 9/11 “mortality salience” that then Prime Minister John Howard set out to change The Marriage Act 1961 and the Family Law Act 1975. In 2004, the Government modified the Marriage Act to eliminate flexibility with respect to the definition of marriage. Agitation for gay marriage was not as noticeable in Australia as it was in the U.S where Bush publicly rejected it, and the UK where the Civil Union Act 2004 had just been passed. Following Bush, Howard’s “queer moral panic” seemed the perfect decoy for the increased scrutiny of Australia’s involvement in the Iraq war. Howard’s changes included outlawing adoption for same-sex couples, and no recognition for legal same-sex marriages performed in other countries. The centrepiece was the wording of The Marriage Amendment Act 2004, with marriage now defined as a union “between a man and a woman to the exclusion of all others”. The legislation was referred to by the Australian Greens Senator Bob Brown as “hateful”, “the marriage discrimination act” and the “straight Australia policy” (Commonwealth 26556). The Labor Party, in opposition, allowed the changes to pass (in spite of vocal protests from one member) by concluding the legal status of same-sex relations was in no way affected, seemingly missing (in addition to the obvious symbolic and physical discrimination) the equation of same-sex recognition with terror, terrorism and death. Non-normative sexual citizenship was deployed as yet another form of “mortality salience”, made explicit in Howard’s description of the changes as necessary in protecting the sanctity of the “bedrock institution” of marriage and, wait for it, “providing for the survival of the species” (Knight, 5 Aug. 2003). So two things seem to be happening here: the first is that when confronted with the possibility of their own death (either through terrorism or gay marriage) people value those who are most like them, joining to devalue those who aren’t; the second is that the worldview (the larger religious, political, social perspectives to which people subscribe) becomes protection from the potential death that terror/queerness represents. Coalition of the (Un)willing Yet, if contemporary coalitions are formed through fear of death or species survival, how, for example, might these explain the various forms of risk-taking behaviours exhibited within Western democracies targeted by such terrors? Navarette and Fessler (309) argue that “affiliation defences are triggered by a wider variety of threats” than “existential anxiety” and that worldviews are “in turn are reliant on ‘normative conformity’” (308) or “normative bias” for social benefits and social inclusions, because “a normative orientation” demonstrates allegiance to the ingroup (308-9). Coalitions are founded in conformity to particular sets of norms, values, codes or belief systems. They are responses to adaptive challenges, particularly since September 11, not simply to death but more broadly to change. In troubled times, coalitions restore a shared sense of predictability. In Howard’s case, he seemed to say, “the War in Iraq is tricky but we have a bigger (same-sex) threat to deal with right now. So trust me on both fronts”. Coalitional change as reflective of adaptive responses thus serves the critical location of subsequent shifts in public support. Before and since September 11 Australians were beginning to distinguish between moderation and extremism, between Christian fundamentalism and productive forms of nationalism. Howard’s unwavering commitment to the American-led war in Iraq saw Australia become a member of another coalition: the Coalition of the Willing, a post 1990s term used to describe militaristic or humanitarian interventions in certain parts of the world by groups of countries. Howard (in Pauly and Lansford 70) committed Australia to America’s fight but also to “civilization's fight… of all who believe in progress and pluralism, tolerance and freedom”. Although Bush claimed an international balance of power and influence within the coalition (94), some countries refused to participate, many quickly withdrew, and many who signed did not even have troops. In Australia, the war was never particularly popular. In 2003, forty-two legal experts found the war contravened International Law as well as United Nations and Geneva conventions (Sydney Morning Herald 26 Feb. 2003). After the immeasurable loss of Iraqi life, and as the bodies of young American soldiers (and the occasional non-American) began to pile up, the official term “coalition of the willing” was quietly abandoned by the White House in January of 2005, replaced by a “smaller roster of 28 countries with troops in Iraq” (ABC News Online 22 Jan. 2005). The coalition and its larger war on terror placed John Howard within the context of coalitional confusion, that when combined with the domestic effects of economic and social policy, proved politically fatal. The problem was the unclear constitution of available coalitional configurations. Howard’s continued support of Bush and the war in Iraq compounded with rising interest rates, industrial relations reform and a seriously uncool approach to the environment and social inclusion, to shift perceptions of him from father of the nation to dangerous, dithery and disconnected old man. Post-Coalitional Change In contrast, before being elected Kevin Rudd sought to reframe Australian coalitional relationships. In 2006, he positions the Australian-United States alliance outside of the notion of military action and Western territorial integrity. In Rudd-speak the Howard-Bush-Blair “coalition of the willing” becomes F. Scott Fitzgerald’s “willingness of the heart”. The term coalition was replaced by terms such as dialogue and affiliation (Rudd, “Friends”). Since the 2007 election, Rudd moved quickly to distance himself from the agenda of the coalition government that preceded him, proposing changes in the spirit of “blindness” toward marginality and sexuality. “Fix-it-all” Rudd as he was christened (Sydney Morning Herald 29 Sep. 2008) and his Labor government began to confront the legacies of colonial history, industrial relations, refugee detention and climate change – by apologising to Aboriginal people, timetabling the withdrawal from Iraq, abolishing the employee bargaining system Workchoices, giving instant visas and lessening detention time for refugees, and signing the Kyoto Protocol agreeing (at least in principle) to reduce green house gas emissions. As stated earlier, post-coalitional Australia is not simply talking about sudden change but an extension and a confusion of what has gone on before (so that the term resembles postcolonial, poststructural and postmodern because it carries the practices and effects of the original term within it). The post-coalitional is still coalitional to the extent that we must ask: what remains the same in the midst of such visible changes? An American focus in international affairs, a Christian platform for social policy, an absence of financial compensation for the Aboriginal Australians who received such an eloquent apology, the lack of coherent and productive outcomes in the areas of asylum and climate change, and an impenetrable resistance to the idea of same-sex marriage are just some of the ways in which these new governments continue on from the previous one. The Rudd-Gillard government’s dealings with gay law reform and gay marriage exemplify the post-coalitional condition. Emulating Christ’s relationship to “the marginalised and the oppressed”, and with Gillard at his side, Rudd understandings of the Christian Gospel as a “social gospel” (Rudd, “Faith”; see also Randell-Moon) to table changes to laws discriminating against gay couples – guaranteeing hospital visits, social security benefits and access to superannuation, resembling de-facto hetero relationships but modelled on the administering and registration of relationships, or on tax laws that speak primarily to relations of financial dependence – with particular reference to children. The changes are based on the report, Same Sex, Same Entitlements (HREOC) that argues for the social competence of queer folk, with respect to money, property and reproduction. They speak the language of an equitable economics; one that still leaves healthy and childless couples with limited recognition and advantage but increased financial obligation. Unable to marry in Australia, same-sex couples are no longer single for taxation purposes, but are now simultaneously subject to forms of tax/income auditing and governmental revenue collection should either same-sex partner require assistance from social security as if they were married. Heteronormative Coalition Queer citizens can quietly stake their economic claims and in most states discreetly sign their names on a register before becoming invisible again. Mardi Gras happens but once a year after all. On the topic of gay marriage Rudd and Gillard have deferred to past policy and to the immoveable nature of the law (and to Howard’s particular changes to marriage law). That same respect is not extended to laws passed by Howard on industrial relations or border control. In spite of finding no gospel references to Jesus the Nazarene “expressly preaching against homosexuality” (Rudd, “Faith”), and pre-election promises that territories could govern themselves with respect to same sex partnerships, the Rudd-Gillard government in 2008 pressured the ACT to reduce its proposed partnership legislation to that of a relationship register like the ones in Tasmania and Victoria, and explicitly demanded that there be absolutely no ceremony – no mimicking of the real deal, of the larger, heterosexual citizens’ “ingroup”. Likewise, with respect to the reintroduction of same-sex marriage legislation by Greens senator Sarah Hanson Young in September 2010, Gillard has so far refused a conscience vote on the issue and restated the “marriage is between a man and a woman” rhetoric of her predecessors (Topsfield, 30 Sep. 2010). At the same time, she has agreed to conscience votes on euthanasia and openly declared bi-partisan (with the federal opposition) support for the war in Afghanistan. We see now, from Howard to Rudd and now Gillard, that there are some coalitions that override political differences. As psychologists have noted, “if the social benefits of norm adherence are the ultimate cause of the individual’s subscription to worldviews, then the focus and salience of a given individual’s ideology can be expected to vary as a function of their need to ally themselves with relevant others” (Navarette and Fessler 307). Where Howard invoked the “Judaeo-Christian tradition”, Rudd chose to cite a “Christian ethical framework” (Rudd, “Faith”), that saw him and Gillard end up in exactly the same place: same sex relationships should be reduced to that of medical care or financial dependence; that a public ceremony marking relationship recognition somehow equates to “mimicking” the already performative and symbolic heterosexual institution of marriage and the associated romantic and familial arrangements. Conclusion Post-coalitional Australia refers to the state of confusion borne of a new politics of equality and change. The shift in Australia from conservative to mildly socialist government(s) is not as sudden as Howard’s 2007 federal loss or as short-lived as Gillard’s hung parliament might respectively suggest. Whilst allegiance shifts, political parties find support is reliant on persistence as much as it is on change – they decide how to buffer and bolster the same coalitions (ones that continue to privilege white settlement, Christian belief systems, heteronormative familial and symbolic practices), but also how to practice policy and social responsibility in a different way. Rudd’s and Gillard’s arguments against the mimicry of heterosexual symbolism and the ceremonial validation of same-sex partnerships imply there is one originary form of conduct and an associated sacred set of symbols reserved for that larger ingroup. Like Howard before them, these post-coalitional leaders fail to recognise, as Butler eloquently argues, “gay is to straight not as copy is to original, but as copy is to copy” (31). To make claims to status and entitlements that invoke the messiness of non-normative sex acts and romantic attachments necessarily requires the negotiation of heteronormative coalitional bias (and in some ways a reinforcement of this social power). As Bell and Binnie have rightly observed, “that’s what the hard choices facing the sexual citizen are: the push towards rights claims that make dissident sexualities fit into heterosexual culture, by demanding equality and recognition, versus the demand to reject settling for heteronormativity” (141). The new Australian political “blindness” toward discrimination produces positive outcomes whilst it explicitly reanimates the histories of oppression it seeks to redress. The New South Wales parliament recently voted to allow same-sex adoption with the proviso that concerned parties could choose not to adopt to gay couples. The Tasmanian government voted to recognise same-sex marriages and unions from outside Australia, in the absence of same-sex marriage beyond the current registration arrangements in its own state. In post-coalitional Australia the issue of same-sex partnership recognition pits parties and allegiances against each other and against themselves from within (inside Gillard’s “rainbow coalition” the Rainbow ALP group now unites gay people within the government’s own party). Gillard has hinted any new proposed legislation regarding same-sex marriage may not even come before parliament for debate, as it deals with real business. Perhaps the answer lies over the rainbow (coalition). As the saying goes, “there are none so blind as those that will not see”. References ABC News Online. “Whitehouse Scraps Coalition of the Willing List.” 22 Jan. 2005. 1 July 2007 ‹http://www.abc.net.au/news/newsitems/200501/s1286872.htm›. Axelrod, Robert. The Evolution of Cooperation. New York: Basic Books, 1984. 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New York: Springer-Verlag, 1986. 189-212. Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements Report. 2007. 21 Aug. 2007 ‹http://www.hreoc.gov.au/human_rights/samesex/report/index.html›. Kaplan, Morris. Sexual Justice: Democratic Citizenship and the Politics of Desire. New York: Routledge, 1997. Knight, Ben. “Howard and Costello Reject Gay Marriage.” ABC Online 5 Aug. 2003. Kurzban, Robert, John Tooby, and Leda Cosmides. "Can Race Be Erased? Coalitional Computation and Social Categorization." Proceedings of the National Academy of Sciences 98.26 (2001): 15387–15392. Lambert, Anthony, and Catherine Simpson. "Jindabyne’s Haunted Alpine Country: Producing (an) Australian Badland." M/C Journal 11.5 (2008). 20 Oct. 2010 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/view/81›. Lax, David A., and James K. Lebinius. “Thinking Coalitionally: Party Arithmetic Process Opportunism, and Strategic Sequencing.” Negotiation Analysis. Ed. H. Peyton Young. Michigan: University of Michigan Press, 1991. 153-194. Naverette, Carlos, and Daniel Fessler. “Normative Bias and Adaptive Challenges: A Relational Approach to Coalitional Psychology and a Critique of Terror Management Theory.” Evolutionary Psychology 3 (2005): 297-325. Pauly, Robert J., and Tom Lansford. Strategic Preemption: US Foreign Policy and Second Iraq War. Aldershot: Ashgate, 2005. Randall-Moon, Holly. "Neoliberal Governmentality with a Christian Twist: Religion and Social Security under the Howard-Led Australian Government." Eds. Michael Bailey and Guy Redden. Mediating Faiths: Religion and Socio- Cultural Change in the Twenty-First Century. Farnham: Ashgate, in press. Richardson, Diane. Rethinking Sexuality. London: Sage, 2000. Rudd, Kevin. “Faith in Politics.” The Monthly 17 (2006). 31 July 2007 ‹http://www.themonthly.com.au/monthly-essays-kevin-rudd-faith-politics--300›. 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IntroductionCulinary education in Ireland has long been influenced by culinary education being delivered in catering colleges in the United Kingdom (UK). Institutionalised culinary education started in Britain through the sponsorship of guild conglomerates (Lawson and Silver). The City & Guilds of London Institute for the Advancement of Technical Education opened its central institution in 1884. Culinary education in Ireland began in Kevin Street Technical School in the late 1880s. This consisted of evening courses in plain cookery. Dublin’s leading chefs and waiters of the time participated in developing courses in French culinary classics and these courses ran in Parnell Square Vocational School from 1926 (Mac Con Iomaire “The Changing”). St Mary’s College of Domestic Science was purpose built and opened in 1941 in Cathal Brugha Street. This was renamed the Dublin College of Catering in the 1950s. The Council for Education, Recruitment and Training for the Hotel Industry (CERT) was set up in 1963 and ran cookery courses using the City & Guilds of London examinations as its benchmark. In 1982, when the National Craft Curriculum Certification Board (NCCCB) was established, CERT began carrying out their own examinations. This allowed Irish catering education to set its own standards, establish its own criteria and award its own certificates, roles which were previously carried out by City & Guilds of London (Corr). CERT awarded its first certificates in professional cookery in 1989. The training role of CERT was taken over by Fáilte Ireland, the State tourism board, in 2003. Changing Trends in Cookery and Culinary Textbooks at DIT The Dublin College of Catering which became part of the Dublin Institute of Technology (DIT) is the flagship of catering education in Ireland (Mac Con Iomaire “The Changing”). The first DIT culinary award, was introduced in 1984 Certificate in Diet Cookery, later renamed Higher Certificate in Health and Nutrition for the Culinary Arts. On the 19th of July 1992 the Dublin Institute of Technology Act was enacted into law. This Act enabled DIT to provide vocational and technical education and training for the economic, technological, scientific, commercial, industrial, social and cultural development of the State (Ireland 1992). In 1998, DIT was granted degree awarding powers by the Irish state, enabling it to make major awards at Higher Certificate, Ordinary Bachelor Degree, Honors Bachelor Degree, Masters and PhD levels (Levels six to ten in the National Framework of Qualifications), as well as a range of minor, special purpose and supplemental awards (National NQAI). It was not until 1999, when a primary degree in Culinary Arts was sanctioned by the Department of Education in Ireland (Duff, The Story), that a more diverse range of textbooks was recommended based on a new liberal/vocational educational philosophy. DITs School of Culinary Arts currently offers: Higher Certificates Health and Nutrition for the Culinary Arts; Higher Certificate in Culinary Arts (Professional Culinary Practice); BSc (Ord) in Baking and Pastry Arts Management; BA (Hons) in Culinary Arts; BSc (Hons) Bar Management and Entrepreneurship; BSc (Hons) in Culinary Entrepreneurship; and, MSc in Culinary Innovation and Food Product Development. From 1942 to 1970, haute cuisine, or classical French cuisine was the most influential cooking trend in Irish cuisine and this is reflected in the culinary textbooks of that era. Haute cuisine has been influenced by many influential writers/chefs such as Francois La Varenne, Antoine Carême, Auguste Escoffier, Ferand Point, Paul Bocuse, Anton Mosiman, Albert and Michel Roux to name but a few. The period from 1947 to 1974 can be viewed as a “golden age” of haute cuisine in Ireland, as more award-winning world-class restaurants traded in Dublin during this period than at any other time in history (Mac Con Iomaire “The Changing”). Hotels and restaurants were run in the Escoffier partie system style which is a system of hierarchy among kitchen staff and areas of the kitchens specialising in cooking particular parts of the menu i.e sauces (saucier), fish (poissonnier), larder (garde manger), vegetable (legumier) and pastry (patissier). In the late 1960s, Escoffier-styled restaurants were considered overstaffed and were no longer financially viable. Restaurants began to be run by chef-proprietors, using plate rather than silver service. Nouvelle cuisine began in the 1970s and this became a modern form of haute cuisine (Gillespie). The rise in chef-proprietor run restaurants in Ireland reflected the same characteristics of the nouvelle cuisine movement. Culinary textbooks such as Practical Professional Cookery, La Technique, The Complete Guide to Modern Cooking, The Art of the Garde Mange and Patisserie interpreted nouvelle cuisine techniques and plated dishes. In 1977, the DIT began delivering courses in City & Guilds Advanced Kitchen & Larder 706/3 and Pastry 706/3, the only college in Ireland to do so at the time. Many graduates from these courses became the future Irish culinary lecturers, chef-proprietors, and culinary leaders. The next two decades saw a rise in fusion cooking, nouvelle cuisine, and a return to French classical cooking. Numerous Irish chefs were returning to Ireland having worked with Michelin starred chefs and opening new restaurants in the vein of classical French cooking, such as Kevin Thornton (Wine Epergne & Thorntons). These chefs were, in turn, influencing culinary training in DIT with a return to classical French cooking. New Classical French culinary textbooks such as New Classical Cuisine, The Modern Patisserie, The French Professional Pastry Series and Advanced Practical Cookery were being used in DIT In the last 15 years, science in cooking has become the current trend in culinary education in DIT. This is acknowledged by the increased number of culinary science textbooks and modules in molecular gastronomy offered in DIT. This also coincided with the launch of the BA (Hons) in Culinary Arts in DIT moving culinary education from a technical to a liberal education. Books such as The Science of Cooking, On Food and Cooking, The Fat Duck Cookbook and Modern Gastronomy now appear on recommended textbooks for culinary students.For the purpose of this article, practical classes held at DIT will be broken down as follows: hot kitchen class, larder classes, and pastry classes. These classes had recommended textbooks for each area. These can be broken down into three sections: hot kitche, larder, and pastry. This table identifies that the textbooks used in culinary education at DIT reflected the trends in cookery at the time they were being used. Hot Kitchen Larder Pastry Le Guide Culinaire. 1921. Le Guide Culinaire. 1921. The International Confectioner. 1968. Le Repertoire De La Cuisine. 1914. The Larder Chef, Classical Food Preparation and Presentation. 1969. Patisserie. 1971. All in the Cooking, Books 1&2. 1943 The Art of the Garde Manger. 1973. The Modern Patissier. 1986 Larousse Gastronomique. 1961. New Classic Cuisine. 1989. Professional French Pastry Series. 1987. Practical Cookery. 1962. The Curious Cook. 1990. Complete Pastrywork Techniques. 1991. Practical Professional Cookery. 1972. On Food and Cooking. The Science and Lore of the Kitchen. 1991. On Food and Cooking: The Science and Lore of the Kitchen. 1991 La Technique. 1976. Advanced Practical Cookery. 1995. Desserts: A Lifelong Passion. 1994. Escoffier: The Complete Guide to the Art of Modern Cookery. 1979. The Science of Cooking. 2000. Culinary Artistry. Dornenburg, 1996. Professional Cookery: The Process Approach. 1985. Garde Manger, The Art and Craft of the Cold Kitchen. 2004. Grande Finales: The Art of the Plated Dessert. 1997. On Food and Cooking: The Science and Lore of the Kitchen. 1991. The Science of Cooking. 2000. Fat Duck Cookbook. 2009. Modern Gastronomy. 2010. Tab.1. DIT Culinary Textbooks.1942–1960 During the first half of the 20th century, senior staff working in Dublin hotels, restaurants and clubs were predominately foreign born and trained. The two decades following World War II could be viewed as the “golden age” of haute cuisine in Dublin as many award-wining restaurants traded in the city at this time (Mac Con Iomaire “The Emergence”). Culinary education in DIT in 1942 saw the use of Escoffier’s Le Guide Culinaire as the defining textbook (Bowe). This was first published in 1903 and translated into English in 1907. In 1979 Cracknell and Kaufmann published a more comprehensive and update edited version under the title The Complete Guide to the Art of Modern Cookery by Escoffier for use in culinary colleges. This demonstrated that Escoffier’s work had withstood the test of the decades and was still relevant. Le Repertoire de La Cuisine by Louis Saulnier, a student of Escoffier, presented the fundamentals of French classical cookery. Le Repertoire was inspired by the work of Escoffier and contains thousands of classical recipes presented in a brief format that can be clearly understood by chefs and cooks. Le Repertoire remains an important part of any DIT culinary student’s textbook list. All in the Cooking by Josephine Marnell, Nora Breathnach, Ann Mairtin and Mor Murnaghan (1946) was one of the first cookbooks to be published in Ireland (Cashmann). This book was a domestic science cooking book written by lecturers in the Cathal Brugha Street College. There is a combination of classical French recipes and Irish recipes throughout the book. 1960s It was not until the 1960s that reference book Larousse Gastronomique and new textbooks such as Practical Cookery, The Larder Chef and International Confectionary made their way into DIT culinary education. These books still focused on classical French cooking but used lighter sauces and reflected more modern cooking equipment and techniques. Also, this period was the first time that specific books for larder and pastry work were introduced into the DIT culinary education system (Bowe). Larousse Gastronomique, which used Le Guide Culinaire as a basis (James), was first published in 1938 and translated into English in 1961. Practical Cookery, which is still used in DIT culinary education, is now in its 12th edition. Each edition has built on the previous, however, there is now criticism that some of the content is dated (Richards). Practical Cookery has established itself as a key textbook in culinary education both in Ireland and England. Practical Cookery recipes were laid out in easy to follow steps and food commodities were discussed briefly. The Larder Chef was first published in 1969 and is currently in its 4th edition. This book focuses on classical French larder techniques, butchery and fishmongery but recognises current trends and fashions in food presentation. The International Confectioner is no longer in print but is still used as a reference for basic recipes in pastry classes (Campbell). The Modern Patissier demonstrated more updated techniques and methods than were used in The International Confectioner. The Modern Patissier is still used as a reference book in DIT. 1970s The 1970s saw the decline in haute cuisine in Ireland, as it was in the process of being replaced by nouvelle cuisine. Irish chefs were being influenced by the works of chefs such as Paul Boucuse, Roger Verge, Michel Guerard, Raymond Olivier, Jean & Pierre Troisgros, Alain Senderens, Jacques Maniere, Jean Delaveine and Michel Guerard who advanced the uncomplicated natural presentation in food. Henri Gault claims that it was his manifesto published in October 1973 in Gault-Millau magazine which unleashed the movement called La Nouvelle Cuisine Française (Gault). In nouvelle cuisine, dishes in Carème and Escoffier’s style were rejected as over-rich and complicated. The principles underpinning this new movement focused on the freshness of ingredients, and lightness and harmony in all components and accompaniments, as well as basic and simple cooking methods and types of presentation. This was not, however, a complete overthrowing of the past, but a moving forward in the long-term process of cuisine development, utilising the very best from each evolution (Cousins). Books such as Practical Professional Cookery, The Art of the Garde Manger and Patisserie reflected this new lighter approach to cookery. Patisserie was first published in 1971, is now in its second edition, and continues to be used in DIT culinary education. This book became an essential textbook in pastrywork, and covers the entire syllabus of City & Guilds and CERT (now Fáilte Ireland). Patisserie covered all basic pastry recipes and techniques, while the second edition (in 1993) included new modern recipes, modern pastry equipment, commodities, and food hygiene regulations reflecting the changing catering environment. The Art of the Garde Manger is an American book highlighting the artistry, creativity, and cooking sensitivity need to be a successful Garde Manger (the larder chef who prepares cold preparation in a partie system kitchen). It reflected the dynamic changes occurring in the culinary world but recognised the importance of understanding basic French culinary principles. It is no longer used in DIT culinary education. La Technique is a guide to classical French preparation (Escoffier’s methods and techniques) using detailed pictures and notes. This book remains a very useful guide and reference for culinary students. Practical Professional Cookery also became an important textbook as it was written with the student and chef/lecturer in mind, as it provides a wider range of recipes and detailed information to assist in understanding the tasks at hand. It is based on classical French cooking and compliments Practical Cookery as a textbook, however, its recipes are for ten portions as opposed to four portions in Practical Cookery. Again this book was written with the City & Guilds examinations in mind. 1980s During the mid-1980s, many young Irish chefs and waiters emigrated. They returned in the late-1980s and early-1990s having gained vast experience of nouvelle and fusion cuisine in London, Paris, New York, California and elsewhere (Mac Con Iomaire, “The Changing”). These energetic, well-trained professionals began opening chef-proprietor restaurants around Dublin, providing invaluable training and positions for up-and-coming young chefs, waiters and culinary college graduates. The 1980s saw a return to French classical cookery textbook such as Professional Cookery: The Process Approach, New Classic Cuisine and the Professional French Pastry series, because educators saw the need for students to learn the basics of French cookery. Professional Cookery: The Process Approach was written by Daniel Stevenson who was, at the time, a senior lecturer in Food and Beverage Operations at Oxford Polytechnic in England. Again, this book was written for students with an emphasis on the cookery techniques and the practices of professional cookery. The Complete Guide to Modern Cooking by Escoffier continued to be used. This book is used by cooks and chefs as a reference for ingredients in dishes rather than a recipe book, as it does not go into detail in the methods as it is assumed the cook/chef would have the required experience to know the method of production. Le Guide Culinaire was only used on advanced City & Guilds courses in DIT during this decade (Bowe). New Classic Cuisine by the classically French trained chefs, Albert and Michel Roux (Gayot), is a classical French cuisine cookbook used as a reference by DIT culinary educators at the time because of the influence the Roux brothers were having over the English fine dining scene. The Professional French Pastry Series is a range of four volumes of pastry books: Vol. 1 Doughs, Batters and Meringues; Vol. 2 Creams, Confections and Finished Desserts; Vol. 3 Petit Four, Chocolate, Frozen Desserts and Sugar Work; and Vol. 4 Decorations, Borders and Letters, Marzipan, Modern Desserts. These books about classical French pastry making were used on the advanced pastry courses at DIT as learners needed a basic knowledge of pastry making to use them. 1990s Ireland in the late 1990s became a very prosperous and thriving European nation; the phenomena that became known as the “celtic tiger” was in full swing (Mac Con Iomaire “The Changing”). The Irish dining public were being treated to a resurgence of traditional Irish cuisine using fresh wholesome food (Hughes). The Irish population was considered more well-educated and well travelled than previous generations and culinary students were now becoming interested in the science of cooking. In 1996, the BA (Hons) in Culinary Arts program at DIT was first mooted (Hegarty). Finally, in 1999, a primary degree in Culinary Arts was sanctioned by the Department of Education underpinned by a new liberal/vocational philosophy in education (Duff). Teaching culinary arts in the past had been through a vocational education focus whereby students were taught skills for industry which were narrow, restrictive, and constraining, without the necessary knowledge to articulate the acquired skill. The reading list for culinary students reflected this new liberal education in culinary arts as Harold McGee’s books The Curious Cook and On Food and Cooking: The Science and Lore of the Kitchen explored and explained the science of cooking. On Food and Cooking: The Science and Lore of the Kitchen proposed that “science can make cooking more interesting by connecting it with the basic workings of the natural world” (Vega 373). Advanced Practical Cookery was written for City & Guilds students. In DIT this book was used by advanced culinary students sitting Fáilte Ireland examinations, and the second year of the new BA (Hons) in Culinary Arts. Culinary Artistry encouraged chefs to explore the creative process of culinary composition as it explored the intersection of food, imagination, and taste (Dornenburg). This book encouraged chefs to develop their own style of cuisine using fresh seasonal ingredients, and was used for advanced students but is no longer a set text. Chefs were being encouraged to show their artistic traits, and none more so than pastry chefs. Grande Finale: The Art of Plated Desserts encouraged advanced students to identify different “schools” of pastry in relation to the world of art and design. The concept of the recipes used in this book were built on the original spectacular pieces montées created by Antoine Carême. 2000–2013 After nouvelle cuisine, recent developments have included interest in various fusion cuisines, such as Asia-Pacific, and in molecular gastronomy. Molecular gastronomists strive to find perfect recipes using scientific methods of investigation (Blanck). Hervè This experimentation with recipes and his introduction to Nicholos Kurti led them to create a food discipline they called “molecular gastronomy”. In 1998, a number of creative chefs began experimenting with the incorporation of ingredients and techniques normally used in mass food production in order to arrive at previously unattainable culinary creations. This “new cooking” (Vega 373) required a knowledge of chemical reactions and physico-chemical phenomena in relation to food, as well as specialist tools, which were created by these early explorers. It has been suggested that molecular gastronomy is “science-based cooking” (Vega 375) and that this concept refers to conscious application of the principles and tools from food science and other disciplines for the development of new dishes particularly in the context of classical cuisine (Vega). The Science of Cooking assists students in understanding the chemistry and physics of cooking. This book takes traditional French techniques and recipes and refutes some of the claims and methods used in traditional recipes. Garde Manger: The Art and Craft of the Cold Kitchen is used for the advanced larder modules at DIT. This book builds on basic skills in the Larder Chef book. Molecular gastronomy as a subject area was developed in 2009 in DIT, the first of its kind in Ireland. The Fat Duck Cookbook and Modern Gastronomy underpin the theoretical aspects of the module. This module is taught to 4th year BA (Hons) in Culinary Arts students who already have three years experience in culinary education and the culinary industry, and also to MSc Culinary Innovation and Food Product Development students. Conclusion Escoffier, the master of French classical cuisine, still influences culinary textbooks to this day. His basic approach to cooking is considered essential to teaching culinary students, allowing them to embrace the core skills and competencies required to work in the professional environment. Teaching of culinary arts at DIT has moved vocational education to a more liberal basis, and it is imperative that the chosen textbooks reflect this development. This liberal education gives the students a broader understanding of cooking, hospitality management, food science, gastronomy, health and safety, oenology, and food product development. To date there is no practical culinary textbook written specifically for Irish culinary education, particularly within this new liberal/vocational paradigm. There is clearly a need for a new textbook which combines the best of Escoffier’s classical French techniques with the more modern molecular gastronomy techniques popularised by Ferran Adria. References Adria, Ferran. Modern Gastronomy A to Z: A Scientific and Gastronomic Lexicon. London: CRC P, 2010. Barker, William. The Modern Patissier. London: Hutchinson, 1974. Barham, Peter. The Science of Cooking. Berlin: Springer-Verlag, 2000. Bilheux, Roland, Alain Escoffier, Daniel Herve, and Jean-Maire Pouradier. Special and Decorative Breads. New York: Van Nostrand Reinhold, 1987. Blanck, J. "Molecular Gastronomy: Overview of a Controversial Food Science Discipline." Journal of Agricultural and Food Information 8.3 (2007): 77-85. Blumenthal, Heston. The Fat Duck Cookbook. London: Bloomsbury, 2001. Bode, Willi, and M.J. Leto. The Larder Chef. Oxford: Butter-Heinemann, 1969. Bowe, James. Personal Communication with Author. Dublin. 7 Apr. 2013. Boyle, Tish, and Timothy Moriarty. Grand Finales, The Art of the Plated Dessert. New York: John Wiley, 1997. Campbell, Anthony. Personal Communication with Author. Dublin, 10 Apr. 2013. Cashman, Dorothy. "An Exploratory Study of Irish Cookbooks." Unpublished M.Sc Thesis. Dublin: Dublin Institute of Technology, 2009. Ceserani, Victor, Ronald Kinton, and David Foskett. Practical Cookery. London: Hodder & Stoughton Educational, 1962. Ceserani, Victor, and David Foskett. Advanced Practical Cookery. London: Hodder & Stoughton Educational, 1995. Corr, Frank. Hotels in Ireland. Dublin: Jemma, 1987. Cousins, John, Kevin Gorman, and Marc Stierand. "Molecular Gastronomy: Cuisine Innovation or Modern Day Alchemy?" International Journal of Hospitality Management 22.3 (2009): 399–415. Cracknell, Harry Louis, and Ronald Kaufmann. Practical Professional Cookery. London: MacMillan, 1972. Cracknell, Harry Louis, and Ronald Kaufmann. Escoffier: The Complete Guide to the Art of Modern Cookery. New York: John Wiley, 1979. Dornenburg, Andrew, and Karen Page. Culinary Artistry. New York: John Wiley, 1996. Duff, Tom, Joseph Hegarty, and Matt Hussey. The Story of the Dublin Institute of Technology. Dublin: Blackhall, 2000. Escoffier, Auguste. Le Guide Culinaire. France: Flammarion, 1921. Escoffier, Auguste. The Complete Guide to the Art of Modern Cookery. Ed. Crachnell, Harry, and Ronald Kaufmann. New York: John Wiley, 1986. Gault, Henri. Nouvelle Cuisine, Cooks and Other People: Proceedings of the Oxford Symposium on Food and Cookery 1995. Devon: Prospect, 1996. 123-7. Gayot, Andre, and Mary, Evans. "The Best of London." Gault Millau (1996): 379. Gillespie, Cailein. "Gastrosophy and Nouvelle Cuisine: Entrepreneurial Fashion and Fiction." British Food Journal 96.10 (1994): 19-23. Gisslen, Wayne. Professional Cooking. Hoboken: John Wiley, 2011. Hanneman, Leonard. Patisserie. Oxford: Butterworth-Heinemann, 1971. Hegarty, Joseph. Standing the Heat. New York: Haworth P, 2004. Hsu, Kathy. "Global Tourism Higher Education Past, Present and Future." Journal of Teaching in Travel and Tourism 5.1/2/3 (2006): 251-267 Hughes, Mairtin. Ireland. Victoria: Lonely Planet, 2000. Ireland. Irish Statute Book: Dublin Institute of Technology Act 1992. Dublin: Stationery Office, 1992. James, Ken. Escoffier: The King of Chefs. Hambledon: Cambridge UP, 2002. Lawson, John, and Harold, Silver. Social History of Education in England. London: Methuen, 1973. Lehmann, Gilly. "English Cookery Books in the 18th Century." The Oxford Companion to Food. Oxford: Oxford UP, 1999. 227-9. Marnell, Josephine, Nora Breathnach, Ann Martin, and Mor Murnaghan. All in the Cooking Book 1 & 2. Dublin: Educational Company of Ireland, 1946. Mac Con Iomaire, Máirtín. "The Changing Geography and Fortunes of Dublin's Haute Cuisine Restaurants, 1958-2008." Food, Culture and Society: An International Journal of Multidisiplinary Research 14.4 (2011): 525-45. ---. "Chef Liam Kavanagh (1926-2011)." Gastronomica: The Journal of Food and Culture 12.2 (2012): 4-6. ---. "The Emergence, Development and Influence of French Haute Cuisine on Public Dining in Dublin Restaurants 1900-2000: An Oral History". PhD. Thesis. Dublin: Dublin Institute of Technology, 2009. McGee, Harold. The Curious Cook: More Kitchen Science and Lore. New York: Hungry Minds, 1990. ---. On Food and Cooking the Science and Lore of the Kitchen. London: Harper Collins, 1991. Montague, Prosper. Larousse Gastronomique. New York: Crown, 1961. National Qualification Authority of Ireland. "Review by the National Qualifications Authority of Ireland (NQAI) of the Effectiveness of the Quality Assurance Procedures of the Dublin Institute of Technology." 2010. 18 Feb. 2012 ‹http://www.dit.ie/media/documents/services/qualityassurance/terms_of_ref.doc› Nicolello, Ildo. Complete Pastrywork Techniques. London: Hodder & Stoughton, 1991. Pepin, Jacques. La Technique. New York: Black Dog & Leventhal, 1976. Richards, Peter. "Practical Cookery." 9th Ed. Caterer and Hotelkeeper (2001). 18 Feb. 2012 ‹http://www.catererandhotelkeeper.co.uk/Articles/30/7/2001/31923/practical-cookery-ninth-edition-victor-ceserani-ronald-kinton-and-david-foskett.htm›. Roux, Albert, and Michel Roux. New Classic Cuisine. New York: Little, Brown, 1989. Roux, Michel. Desserts: A Lifelong Passion. London: Conran Octopus, 1994. Saulnier, Louis. Le Repertoire De La Cuisine. London: Leon Jaeggi, 1914. Sonnenschmidt, Fredric, and John Nicholas. The Art of the Garde Manger. New York: Van Nostrand Reinhold, 1973. Spang, Rebecca. The Invention of the Restaurant: Paris and Modern Gastronomic Culture. Cambridge: Harvard UP, 2000. Stevenson, Daniel. Professional Cookery the Process Approach. London: Hutchinson, 1985. The Culinary Institute of America. Garde Manger: The Art and Craft of the Cold Kitchen. Hoboken: New Jersey, 2004. Vega, Cesar, and Job, Ubbink. "Molecular Gastronomy: A Food Fad or Science Supporting Innovation Cuisine?". Trends in Food Science & Technology 19 (2008): 372-82. Wilfred, Fance, and Michael Small. The New International Confectioner: Confectionary, Cakes, Pastries, Desserts, Ices and Savouries. 1968.

The thesis explores the challenges faced by health and safety law in the UK as a consequence of the continuous changes in the employment relationship. This primarily covers the growth of the different forms of non-standard work. Health and safety law developed through a number of socio-economic changes in the UK. It has moved from only covering particular areas and particular classes of workers in the nineteenth century to wider areas of occupational health and safety and to include more of those at work. The thesis sets out the issues surrounding non-standard work arrangements and how they might affect the application of health and safety law. Key case-law is examined and the legal changes in the area of health and safety carefully analysed. Research has been carried out by others concerning the reasons for and extent of the changing nature of work as an indicator of the changes that took place in the labour market in general; but the research in this thesis concentrates on how the application of health and safety law is challenged by such changes. The central hypothesis of the thesis is that non-standard work by its very nature might put those who are employed under its various types at more risk than their counterpart standard workers. This hypothesis is developed and explored through the field-work. The field-work took the form of a postal questionnaire to workers in the UK in geographical areas selected for their differing characteristics together with some semi structured interviews which sought to introduce a qualitative data element to the quantitative data in order to enrich and elaborate upon the findings of the questionnaire. Analysis of the completed and returned questionnaires revealed that in today's workplace the nature of risk has changed, with an increase in the psychological risk related to work. Both groups of standard and nonstandard workers suffered from stress-related illness. This illustrates the complexity of the concept of vulnerability and how that might challenge the application of health and safety law and affect its efficacy. A number of unexpected issues surfaced through the field-work, such as that working in the different types of non-standard work were effectively involuntary for some of those who chose to work this way. The main reason for their decisions was to be able to provide for the family income as well as to have more control over work and the ability to combine work with other responsibilities including domestic duties. Despite the relatively low number of non-standard workers who participated in the postal questionnaire, it seems that they are in a better position than was hypothesized at the outset, before the field-work took place. Analysis of the semi-structured interviews revealed that interviewees had considerable knowledge and awareness about their employer's general duties in terms of risk assessment and safety training in addition to other significant aspects. This applies to both standard and non-standard workers, which indicates the important improvement in the management of occupational health and safety. However, a serious issue was common to most of those who suffered accident and/or ill-health from both groups of standard of non-standard workers: not reporting their experiences to their employers. In addition, many of those workers did not seek legal advice following their accident and/or ill-health because of fear and uncertainty about their employers' reaction. The thesis concludes with some reflections on the effectiveness or otherwise of health and safety legislation.

[v.1]. Safeguarding the worker : job hazards and the role of the law / by Neil Gunningham (1984)--[v.2]. Smart regulation : designing environmental policy / Neil Gunningham, Peter Grabosky, with Darren Sinclair (1998)--[v.3]. Regulating workplace safety : system and sanctions / Neil Gunningham and Richard Johnstone (1999)
[v.1]. Safeguarding the worker : job hazards and the role of the law / by Neil Gunningham (1984) -- [v.2]. Smart regulation : designing environmental policy / Neil Gunningham, Peter Grabosky, with Darren Sinclair (1998) -- [v.3]. Regulating workplace safety : system and sanctions / Neil Gunningham and Richard Johnstone (1999)

South Africa’s Constitution and the Employment Equity Act have a major impact on the performance of medical examinations within the employment relationship. Health and safety statutes list a number of occupational medical examinations, which an employer must perform. Other legislation permits the execution of medical examinations. After listing the different statutory references to occupational medical examinations, this treatise examines under which conditions medical testing is required or permissible. The fairness of employment discrimination based on medical facts, employment conditions, social policy, distribution of employee benefits and inherent job requirement is analysed through a study of the legal texts, experts’ opinions and case studies. The particularities of the ethical and legal duties of the medical professional, performing the occupational medical examination, are also examined. Finally, a comprehensive analysis of the different forms of occupational medical examinations is compiled by combining legal and policy-related job requirements and is attached as an annexure. This is the practical result of the research in this treatise combined with the personal experience of the author.

This thesis reports on an empirically based study of the manner in which Victorian Magistrates Courts constructed occupational health and safety (OHS) issues when hearing prosecutions for offences under the Industrial Safety, Health and Welfare Act 1981 (the ISHWA) and the Occupational Health and Safety Act 1985 (OHSA) from 1983 to 1991. These statutes established OHS standards for employers and other relevant parties. The State government enforced these standards through an OHS inspectorate which had a range of enforcement powers, including prosecution. After outlining the historical development of Victoria’s OHS legislation, the magistracy’s historical role in its enforcement, and the development of an enforcement culture in which inspectors viewed prosecution as a last resort, the study shows how the key provisions of the ISHWA and OHSA required occupiers of workplaces and employers to provide and maintain safe systems of work, including the guarding of dangerous machinery. Using a wide range of empirical research methods and legal materials, it shows how the enforcement policies, procedures and practices of the inspectorate heavily slanted inspectors workplace investigations and hence prosecutions towards a restricted and often superficial, analysis of incidents (or “events”) most of which involved injuries on machinery. There was evidence, however, that after the establishment of the Central Investigation Unit in 1989 cases were more thoroughly investigated and prosecuted. From 1990 the majority of prosecutions were taken under the employer’s general duty provisions, and by 1991 there was evidence that prosecutions were focusing on matters other than machinery guarding.

The existence of an occupational health and safety policy is believed to be evidence of management accepting their occupational health and safety role in terms of the Occupational Health and Safety Act. It is accepted that this results in management ensuring the provision of a safe workplace. Despite the emphasis in legislation (the Occupational Health and Safety Act) on the need for management to implement comprehensive occupational health and safety policies, there is a lack of research on the implementation and efficacy of occupational health and safety policies in the workplace. This study investigates the efficacy with which management carries out their occupational health and safety duties and responsibilities when implementing the provisions of an occupational health and safety policy in the workplace. A number of factors are essential to the efficient performance of management in this regard. These factors include managerial commitment, practices and strategies; communication practices and structures; training initiatives and information; the extent of employee and trade union involvement; and the infrastructure of the organisation. This research study is primarily qualitative in nature. Semi-structured interviews were the primary tool used by the researcher to collect the data. The case-study research method was employed to assist the researcher in collecting the data. The participants involved in the research were selected using the principles of strategic informant sampling and expert choice sampling. The participants consisted of a sample of management, employees and shop stewards. The research findings indicate that firstly, the presence of occupational health and safety policies, practices, strategies and systems in the workplace do not automatically result in reduced hazards, accidents or deaths in the workplace. Secondly, the participation schemes and the communication practices put in place by management are weak. The reason for their weakness is their ineffective implementation by management and use by employees and the trade union. Thirdly, management has a definite impact on the involvement, attitudes and actions of the employees and the trade union in occupational health and safety issues. Fourthly, there is an unequal partnership between management and employees as a result of the educational differences regarding occupational health and safety between them. The outcome is that management and employees are faced with numerous challenges in relation to occupational health and safety. Contributing to this challenge is a lack of sufficient resources allocated to training, resulting ultimately in the ineffective monitoring of occupational health and safety in the workplace. The existence of occupational health and safety structures and systems does not provide the essential evidence to suggest that their mere presence makes a difference to the workplace safety level. However, through more co-operation and participation by all the parties, these structures and systems have the potential to be effective.
KMBT_363
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A constante mudança nos meios de trabalho ocorre devido a evolução tecnológica e industrial. Entretanto, com o advento de tais inovações, dificilmente o trabalhador da indústria não é submetido aos mais variados riscos ocupacionais resultantes dos processos produtivos. Diante deste contexto, o presente estudo teve como objetivo principal avaliar os níveis de vibração e de ruído aos quais os trabalhadores de uma empresa do setor da construção civil, especializada na manutenção e reformas de pisos industriais, estavam expostos durante suas jornadas de trabalho em duas frentes de trabalho. As medições foram realizadas em locais e dias distintos nos municípios de Curitiba e de São José dos Pinhais, ambos no estado do Paraná. Para a avaliação da vibração ocupacional, utilizou-se um acelerômetro junto ao trabalhador e um sensor triaxial acoplado na empunhadura dos equipamentos objeto de estudo, que foram duas diferentes fresadoras de piso. Posteriormente os dados foram processados e comparados com o novo texto do Anexo no 08 da Norma Regulamentadora NR-15, apresentado para consulta pública pelo Ministério do Trabalho e Emprego entre os meses de janeiro e fevereiro de 2014. Já para a medição do ruído utilizou-se um dosímetro de ruído junto ao trabalhador, cujo resultado final possibilitou a comparação com o Anexo no 01 da mesma Norma Regulamentadora. Os resultados finais indicaram níveis de exposição excessivos, superiores aos limites de tolerância determinados pela Legislação, tanto para vibração quanto para o ruído, gerando insalubridade para os trabalhadores expostos, em todos os locais onde foram realizadas as medições.
The constant change in the means of work is done by technological and industrial developments. However, with the advent of such innovations, hardly the work of the industry is not subject to a variety of occupational hazards resulting from production processes. Given this context, the present study aimed to monitor the working hours of the employees of a company in the construction industry, specializing in industrial floor maintenance and renovations, as exposure of vibration and noise on two fronts work in the cities of Curitiba - PR and São José dos Pinhais – PR. The program took place in two locations and on different days. The workday adopted by the company is six hours daily. For the evaluation of vibration, we used accelerometer with the worker and coupled to the handle of the equipment object of study, a mill floor, triaxial sensor subsequently the data were processed and compared with the new text of Annex No. 08, NR 15, submitted for public consultation by the Ministry of Labour and Employment in the months of January and February 2014. As for noise measurement used a dosimeter with the worker, whose final results enabled comparison with the regulatory norm 15 - Annex No. 01. The final results indicate excessive exposure to the tolerance specified by the legislation, both vibration and sound pressure level, featuring unhealthy at all locations where measurements were performed.

Major changes have occurred in the workplace in the past decades. Technology has changed dramatically, innovative ways of utilising nuclear power have been developed, new chemicals have been introduced to the market and the adverse effects of other chemicals on both human health and safety and the environment have been discovered. This has influenced the nature of the workforce itself. Regulators in the different jurisdictions were required to react to the challenges that these changes represent. This thesis explores the responses in the United Kingdom, the United States of America and the Republic of South Africa by identifying the occupational safety and health (OSH) regulations, administration, enforcement and penalties which have been put in place to address the above mentioned challenges. It is impossible to mention all the changes in the workforce and workplace that have occurred in the recent years, and this thesis therefore focuses on the possibilities that different types of regulation offer to address some of these changes. Alterations to existing approaches are proposed to ensure that enforcement is improved and better targeted. The utilisation of third parties as surrogate regulators is also addressed. The central theme of this thesis is how the law can stimulate self-regulation by adopting a Safety Management System (SMS) within enterprises to encourage “self-critical reflection about their OHS performance”. The purpose of criminal sanctions in occupational safety and health regulation, the role of the prosecution in the enforcement of OSH strategies and the possibility of combining prosecutions of corporations with prosecutions of individual managers and directors who are responsible for non-compliance with OSH standards are also addressed. Although it is most important to ensure that workers are not injured or do not contract occupational diseases, in practice this does unfortunately happen. Therefore this thesis also discusses the compensation of injured workers.
Professor D. S. de Villiers

Thesis (LLM. (Development and Management)) -- University of Limpopo, 2012
Occupational health, safety and wellbeing of employees is an important factor in the socioeconomic development of a country hence the need for South Africa as a developmental state, to give priority to the health and safety of employees in the country as employees are key to socio-economic development. The right to an environment that is not detrimental to the health and wellbeing of employees is also entrenched in the Constitution of the Republic making it a fundamental right which should be enjoyed by all. Laws related to occupational health and safety have been enacted in South Africa with a view to, on the one hand, prevent occupational injuries, diseases or deaths and on the other hand to provide compensation where such occurs. This study seeks to determine which of the laws are applicable, whether they are reasonable when compared to the constitutional requirements and South Africa’s obligations as a member of the international community. Comparisons are also made with other countries and recommendations made for the South African government to adequately ensure the health, safety and wellbeing of employees in the country.

Work is an essential activity that provides goods or services of value to oneself and others. Paradoxically, in a bid for self-realisation, workers are seriously endangered. Work-related or induced diseases and stresses pose serious threats to workers’ health and the general well-being, hence, the need to seriously consider the issue of occupational health and safety of workers. In terms of safety at work, the experience of small and medium scale enterprises (SMSEs) worldwide is that of neglect. Their incomes are very low and uncertain, coupled with high levels of risk and hazard in their work, with little or no social protection coverage (Chen, 2008). This study therefore examines how environmental and sociological factors determine occupational health and safety of workers in SMSEs in Lagos State, Nigeria. Ulrich Beck “Risk Society” theory, Political Economy of Health framework (PEH) (Minkler et al 1994, Linnan et al, 2001) and Labour Process Theory (LPT) (Braverman, 1974; Marx, 1976; Bottome, 1991) underpinned the study. The study adopts both the qualitative and quantitative methods of data collection. The qualitative method includes field observation of the selected workplaces, six Focus Group Discussion (FGD) and eight In-depth interviews (IDIs). The quantitative involved the use of structured questionnaire. The sample survey involved 180 respondents in a multi-stage sampling technique from purposively selected sawmills, mechanic villages and blacksmith cottages in three Local Government Areas in Lagos State. The quantitative data analysis uses simple percentile and univariate analyses, while the qualitative data are content-analysed, based on the objectives of the study. The findings identified low level of education (60.5%), and poor awareness of OHS in SMSEs (86.1%). It further reveals poor physical (69.5%) and technological environment (70.5%), unavailability of OHS facilities (60.5%) and prevention methods by manager/owners (60.5%), carefree attitudes of workers/managers/owners to OHS (69.5), non-acquaintance of workers to OHS laws (86.1%), workers’ economic incapacitation to deal with issues of occupational hazard (76.1%), lack of enforcement of OHS (88.3%), and transferring knowledge on OHS (82.2%) in the selected SMSEs. The study recommends roles for managers/owners, workers, trade associations, government, non-governmental organisations to promote effective OHS in the selected SMSEs.
Sociology
D.Phil. (Sociology)