Добірка наукової літератури з теми "Industrial safety Law and legislation Victoria"

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)<br>[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)

Bibliography: pages 195-200.<br>This thesis will be concerned with trying to develop an understanding of what the difficulties have been in bringing about improvements to the working environment in manufacturing. The role of labour will be of central concern, but an attempt will also be made to analyse the role of the other participants in the regulatory process, namely, the state and employers. The period with which the thesis is concerned is the 1980s. The area is clearly a very broad one and no claims will be made to providing a comprehensive study. Rather, it is hoped that the present study will provide some new data and some original insights into the regulatory process which will provoke further discussion and research in the field of occupational health and safety in South Africa.

The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers. This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China). It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses. Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged. Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR). The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized. Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.

In the face of the extensive changes resulting from the Post-Industrial Age, many are questioning "the gifts of the chip," or, more specifically, the ability of computer technologies to deliver the comfort predicted. The objective of this thesis is to examine the law's response to computer technology concerning occupational health and safety. This inquiry is necessary due to the dramatic changes that have occurred in the workforce, altering the profile of workplace health.<br>The thesis begins with a reference to The Gift of Stones, a fictional account of the difficulties that stone workers experienced when the Bronze Age arrived. Modern labourers face parallel struggles due to the arrival of the Post-Industrial Age characterized by technological innovation and restructuring. The legitimacy and effectiveness of occupational health and safety law is challenged by changes to social institutions and by computer related work injuries.<br>In many jurisdictions, the state has responded to these changes by enacting ergonomic standards that seek to minimize the harmful effects of computer use. The thesis examines the trend towards ergonomic standards with particular focus on Canadian initiatives. In conclusion, it argues that ergonomic regulations are an important means of promoting safer computer practices. Additionally, ergonomic standards provide a mechanism for continued state regulation of occupational health and safety. The challenge for rule makers is ensuring that the standards are a component of comprehensive legal reforms.

Thesis (MBA (Business Management))--University of Stellenbosch, 1999.<br>ENGLISH ABSTRACT: As part of South Africa's transformation, legislative changes have been introduced to support the Constitutional rights of the people, including the right of access to health care. In restructuring the health services, the redistribution of resources between the private and public sector is addressed through a long-term vision which includes a Social Health Insurance scheme. The focus has been shifted to primary health and prevention, with community based services at the centre. Various Acts and regulations have been introduced to give substance to the transformation, including the Acts affecting medical schemes and the pharmaceutical services, labour legislation, education and training. The Bargaining Councils and Occupational health services have been extended to include primary health care, and in many cases this is extended to the dependents of the workers, bringing them into the ambit of the private sector. The proposed redistribution of resources into the public sector has placed the low-wage earner at risk as the cost of private health care increases. The legislation controlling medical schemes and pharmaceutical services are a threat to the viability of the Health Care Funds, particularly in the short-term until the Social Health Insurance has been established. The restrictions placed on dispensing and the measures which are intended to make drugs more affordable also provide a challenge to the low-cost medical funds. The relevant legislation is being subjected to judicial challenges, and the replacement legislation promulgated prematurely, resulting in confusion and uncertainty. It is within this context that the Funds must prepare for the changes ahead. A management consulting case study is presented using the Clothing Industry Bargaining Council of the Western Cape with the Clothing Industry Health Care Fund which provides comprehensive primary health services in Fund owned clinics, factories and through panel doctors. Because of the complexity of the organisation and the issues surrounding the implementation of changes to the pharmaceutical services, Yolles' viable approach to management systems has been used as a framework for the consultancy intervention. This is a newly published approach grounded in chaos theory, which directs the nature of inquiry according to form and the behaviour of the situation, aiming to maintain viability and adaptability. This case study examines the impact of the legislative changes on the health services which are accessed through the workplace, and tests the applicability of the viable approach to management systems.<br>AFRIKAANSE OPSOMMING: As deel van Suid-Afrika se transformasie is veranderings aangebring aan die wetgewing om die Konstitusionele regte van die mense te ondersteun, insluitend die reg van toegang tot gesondheidsorg. Met die herstrukturering van die gesondheidsdienste, word die verdeling van bronne tussen die privaat en publieke sektor aangespreek deur middel van 'n lang-tenmyn visie wat 'n gemeenskapsgesondheidsversekering insluit. Die lokus het herskuil na primêre gesondheid en voorkoming, met gemeenskapsdienste as sentrum. Verskeie wette en regulasies is voorgestel om as kern van die verandering te dien, insluitende wette wat die mediese skemas en farmaseutiese dienste, asook die werknemer, opleiding en opvoeding beinvloed. Die gesondheidsdienste van die Onderhandelingsrade en die Beroepsgesondheiddienste is uitgebrei om primêre sorg in te sluit. Dit sal ook die afhanklikes van die werkers dek en hulle sodoende binne die privaatsektor betrek. Die voorgestelde herverdeling van bronne in die publieke sekdor veroorsaak dat daar 'n risiko is vir die werker met 'n lae inkomste as gevolg van die stygende koste van gesondheidsorg. Die wetgewing wat mediese skemas en farmaseutiese dienste beheer veroorsaak ook dat die Siekefonds se lewensvatbaarheid bedreig word, veral in die korttenmyn tot tyd en wyl die gemeenskapsgesondheidsversekering gestig word. Die beperkings wat op reseptering geplaas word en die metodes wat beplan word om medisyne meer bekostigbaar te maak, veroorsaak ook 'n uitdaging vir die inkomste mediese fondse. Die relevante wetgewing word tans in die hof betwis, en die plaasvervangende wetgewing is voortydig gepromulgeer, wat verwarring en onsekerheid veroorsaak. Die siekefondse moet hulle binne die konteks voorberei vir die veranderinge wat voorlê. 'n Bestuurskonsultasie gevallestudie is voorgelê, met die hulp van die Klerasienywerheid Gesondheidsorgfonds (Weskaap), wie se siekefonds omvattende primêre gesondheidsdienste lewer binne klinieke, fabrieke en deur gemeenskapsgeneeskundiges. Omdat die organisasie en die omstandighede rondom die veranderings aan die farmaseutiese dienste kompleks is, word Yolles se lewensvatbare benadering (viable approach) as 'n raamwerk gebruik vir die konsultasie. Die model is nuut gepubliseer, en is gebaseer op chaos teorie, wat rigting gee aan die aard van die ondersoek volgens die vorm en die gedrag wat die situasie aanneem. Dit is daarop gemik om lewensvatbaarheid en aanpassingsvermoë te ondersteun. Daar word 'n studie gemaak van die impak wat die veranderings tot wetgewing op gesondheidsdienste wat deur middel van die werksplek bereik word mag hê, en toets die toepaslikheid van Yolles se model in die konteks van bestuurskonsultasie.

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.<br>KMBT_363<br>Adobe Acrobat 9.54 Paper Capture Plug-in