Regulating seafarers' welfare: an examination of the protection of Filipino seafarers' well-being through a legal analysis of the POEA-Standard Employment Contract

BACKGROUND

The Philippines is the global maritime industry's single biggest source of seafarers. This article examines how the Philippines protects the welfare of its seafarers working on board ocean-going vessels.

MATERIALS AND METHODS

We employed a multi-method approach to better understand the POEA-SEC as a regulatory instrument. First, we analysed Philippine legislation and regulations that are shaping the employment, welfare, and working conditions of Filipino seafarers. Second, we examined the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) which requires that minimum standards of employment for seafarers are met. We use legal analysis to examine three specific provisions that pertain to their well-being: duration of employment, monetary considerations, and working conditions in terms of hours of work and rest periods. Third, we analysed interview and focus group data on the experiences of Filipino seafarers on board ships in respect of the POEA-SEC's efficacy in protecting their well-being.

RESULTS

Analysis of the policy environment for Filipino seafarers shows how the interests of powerful actors have taken precedence over those of Filipino seafarers. Seafarers' experiences suggest that they cannot be reached by the contract, whether symbolic or otherwise. The contract fails to address seafarer issues, such as security of tenure, excessive working hours resulting in fatigue, stress and anxiety.

CONCLUSIONS

The POEA-SEC falls short as a legal document to address occupational, health and safety issues, which contribute to the detriment of seafarers' health and well-being. This indicates that the Philippine government cannot fully protect its seafarers.

Fetal Protection Policies and Corporate Liability of the US Vinyl Chloride Industry, 1974-1991

In the late 20th century, fetal protection policies barred women from hundreds of thousands of industrial jobs on the pretext that if women became pregnant, their fetuses might be harmed by workplace exposure to toxic chemicals. Beginning in the 1970s, these policies set off a decades-long contest between the chemical industry, government agencies, and the judicial system over how to balance the uncertain reproductive health risks against sex discrimination. This article revives the subject of reproductive health and workplace protections through a historical case study of fetal protection policies at Firestone Plastics, a leader in the postwar vinyl chloride industry. I use formerly secret industry documents to argue that Firestone used scientific uncertainty and gender essentialism to skirt new regulatory pressures and minimize corporate liability. Ultimately, fetal protection policies stymied innovative regulatory efforts to protect all workers-not just women-from reproductive hazards in the workplace. (Am J Public Health. 2022;112(2):271-276. https://doi.org/10.2105/AJPH.2021.306539).

Importance of legal regulations resulting from technical harmonization in the European Union for improvement of work safety of farmers in Poland

INTRODUCTION AND OBJECTIVE

Accidents exert a negative effect on the quality and standard of living of rural inhabitants, especially when they make it impossible to continue work on a farm, or this work may be performed only to a limited extent. The creation of effective legal mechanisms which would guarantee the safety of operation of machinery is a crucial issue, it is of a preventive character and considerably limits the number of accidents. Approximately 16.1 million people live in the rural areas and around 2.3 million work in the agricultural sector, which represents 14.5% of all labour in Poland in 2019.

OBJECTIVE

The aim of the study was to evaluate the legal regulations resulting from the directives of technical harmonization in the European Union for improvement of safety of work with the use of agricultural machinery in Poland.

MATERIALS AND METHOD

The method was critical analysis of legal acts in effect, court rulings, and statistical data concerning accidentsoin farms, made available by the Agricultural Social Insurance Fund (KRUS).

BRIEF DESCRIPTION OF THE STATE OF KNOWLEDGE

As a result of Poland's membership of the European Union, rural areas were covered by globalization processes and single market rules, within which there function legal mechanisms of safety and quality of products.

CONCLUSIONS

Analysis of the 16 years of Poland's membership of the EU, resulted in positive results being observed in the use of the directives of technical harmonization, especially in reducing the number of accidents involving agricultural machinery. However, this improvement may result from using newly-purchased, modern and safer agricultural machinery covered by the conformity assessment, and preventive actions carried out by the Agricultural Social Insurance Fund. An impact of other factors, not analysed in the study, cannot be ruled out.

Occupational health and safety in agriculture - a brief report on organization, legislation and support in selected European countries

INTRODUCTION AND OBJECTIVE

Agriculture and forestry are among the most dangerous professions in Europe, with a high level of accidents affecting the sustainability and viability of the sector. International conventions, EU directives and national legislation build the fundamental basis for prevention. The aim of the study is to describe and categorize national mechanisms of occupational safety and health (OSH) for agricultural workers in Europe, to assess the extent of implementing safety regulation, the body in charge, and to give examples of health and safety initiatives.

MATERIAL AND METHODS

Results of a questionnaire-survey on basic safety regulations on farms sent by e-mail to the representatives of 30 participating European countries in the context of the Sacurima COST action network (CA 16123) are presented. Due to the complexity, only selected countries are described in this study highlighting the regulative bodies, occupational health services or specific training offers, as well as the complexity of the mechanisms.

RESULTS

One of the most serious issues and deficits of EU OSH regulation is the exclusion of self-employed farmers who compose nearly 90% of the farming population. This leads to serious under-reporting of accidents, and because one of the most common measures for the performance of health and safety initiatives are the injury and ill health statistics, better registration systems are urgently needed in almost all countries as a basis for preventive efforts.

CONCLUSIONS

The results of the study provide a basis for raising awareness about the current OSH systems in Europe, and the importance of developing sector specific OSH strategies. The proposed activities should assist in tackling high accident rates and poor occupational health for self-employed farmers.

Health and Safety in the Legal Cannabis Industry Before and During COVID-19

In 2020, medical cannabis is legal in thirty-six states and adult use ("recreational") cannabis is legal in fifteen, despite cannabis remaining illegal at the federal level. Up to 250,000 individuals work as full-time employees in cannabis. During the COVID-19 pandemic, California, Colorado, and other states deemed medical cannabis business as essential, raising occupational challenges and safety issues for cannabis employees. In 2020, interviews were conducted with Ethan, an extraction lab assistant in Las Vegas; Haylee, a trainer with a cannabis company in Sacramento; and Belinda, a Wisconsin-based occupational health and safety trainer, to showcase concerns and experiences in cannabis workplaces and training programs. Findings from interviews reveal pro-worker activities to promote workplace safety and labor unionism while large multistate operators seek to optimize profits and obstruct workers' rights. Knowledge gained through the interviews contributes to discussions to lessen the potential exposure of the cannabis workforce to COVID 19.

Current legislation on tattooing in France

Since 2004, tattooing products have been recognized as such by French law. A tattooist must declare his activity to the ARS (French regional health agency). A tattooist is legally compelled to undergo training sessions on occupational safety and hygienic requirements and to deliver his certificate to the ARS. A tattooist commits himself to preliminarily informing his customers of the risks they possibly incur and of the precautions to be taken. He also commits himself to complying with general rules and regulations and with good practices of hygiene and safety; lastly, he signs an agreement pertaining to waste disposal (DASRI). Contrary to pharmaceutical products, tattooing products are not subject to authorization prior to their commercialization. Any adverse effect after tattooing must be the subject of a declaration addressed to the ANSM (French health products safety agency) by the customer, the tattooist or a health professional.

Features of the Japanese Industrial Safety and Health Act: some key points regarding the organization of safety and health management

The Japanese Industrial Safety and Health Act was first enacted in 1972. The purpose of this Act is to secure the safety and health of workers in the workplace, as well as to facilitate the establishment of a comfortable work environment. To fulfill these purposes, the Industrial Safety and Health Act aims to clarify the responsibility system in the workplace and to promote proactive efforts by both employers and employees to maintain safety and health in the workplace. Specifically, it is expected that occupational accidents will be prevented by obligating employers to appoint safety and health personnel in accordance with the Act. In this paper, I introduce the features and key points of the Industrial Safety and Health Act, especially in relation to Chapter 3 (Articles 10-19), which provides for the organization of the safety and health management system. In addition, I describe recent amendments to the Act.

Some legal aspects of epilepsy

INTRODUCTION

Legal aspects of epilepsy are jurisdiction-dependent, and this analysis has focused on an Australian context;however, the reader can extrapolate to his/her local jurisdiction and/or legal system.

EPILEPSY AND DRIVING

The AUSTROADS Guidelines have codified the fitness to drive restrictions to be imposed for both private and commercial drivers. They set out the default positions and the considerations that can be applied to deviate from the default of at least 1year seizure freedom for private license holders and 10years seizure freedom for commercial drivers.

EPILEPSY AND EMPLOYMENT

People with epilepsy are broadly excluded from all employment requiring the wearing of a uniform. Only where preemployment medical examination mandates disclosure does the person with epilepsy has to disclose epilepsy to a prospective employer. There are specific laws that control workplace and employment standards that cover occupational health and safety, protection for the disabled, and antidiscrimination.

NEGLIGENCE

Negligence relies on establishing: duty of care; breach of that duty; and damage that is not too remote. Once ascertained, liability is established by the relative causation. The Civil Liability Acts served to redefine negligence, causation, and liability. Added consideration attaches to vicarious liability of the employer for the employee and nondelegable duty of care.

CONCLUSIONS

This overview has examined three legal aspects of epilepsy, namely, driving, employment, and negligence. The concepts and interpretations should have relative applicability well beyond any narrow confines, limited to a single jurisdiction.

[System and human resources for occupational health in the republic of the Philippines: Management of occupational health activities at overseas workplaces for Japanese enterprises]

OBJECTIVES

This study aimed to consider the appropriate occupational health system for Japanese enterprises in the Philippines based on information on the regulations and development of specialists.

METHODS

We collected information using an information-gathering checklist. Along with literature and internet surveys, we conducted interviews by visiting local business sites, central government agencies in charge of medical and health issues, and educational institutions with specialized occupational physician training curricula.

RESULTS

Occupational health administration in the Philippines is managed by the Department of Labor and Employment, which issues the Occupational Safety and Health Standards that specify the legal requirements for occupational health. A new law(Republic Act 11058),enacted in 2018 to strengthen the Occupational Safety and Health Standards, has newly established a penalty provision in case of violations. Professional personnel responsible for occupational health are grouped as safety officers and occupational health personnel, including occupational physicians and occupational nurses; training is conducted at the Occupational Safety and Health Center of the Department of Labor and Employment and educational institutions. The basic medical insurance system and the workers' compensation system are operated by the Philippine Health Insurance Corporation and Social Security Committee, respectively, both of which are government agencies.

CONCLUSIONS

We confirmed that occupational health activities in the Philippines are based on government regulations, namely, the Occupational Safety and Health Standards. In addition, the enactment of a new law calls for strict compliance with corporate occupational health activities. To manage proper occupational health activities at overseas workplaces, Japanese corporations should clarify corporate-wide policies and support local employers in complying with regulations and utilizing highly specialized personnel.

The Occupational Safety and Health Administration at 50: Protecting Workers in a Changing Economy

The passage of the Occupational Safety and Health Act of 1970 brought unprecedented changes in US workplaces, and the activities of the Occupational Safety and Health Administration (OSHA) have contributed to a significant reduction in work-related deaths, injuries, and illnesses. Despite this, millions of workers are injured annually, and thousands killed.To reduce the toll, OSHA needs greater resources, a new standard-setting process, increased civil and criminal penalties, full coverage for all workers, and stronger whistleblower protections. Workers should not be injured or made sick by their jobs. To eliminate work injuries and illnesses, we must remake and modernize OSHA and restructure the relationship of employers and workers with the agency and each other.This includes changing the expectation of what employers must do to protect workers and implementing a requirement that firms have a "duty of care" to protect all people who may be harmed by their activities. Only by making major changes can we ensure that every worker leaves work as healthy as they were when their work shift began.

A Short History of Occupational Safety and Health in the United States

As this short history of occupational safety and health before and after establishment of the Occupational Safety and Health Administration (OSHA) clearly demonstrates, labor has always recognized perils in the workplace, and as a result, workers' safety and health have played an essential part of the battles for shorter hours, higher wages, and better working conditions. OSHA's history is an intimate part of a long struggle over the rights of working people to a safe and healthy workplace. In the early decades, strikes over working conditions multiplied. The New Deal profoundly increased the role of the federal government in the field of occupational safety and health. In the 1960s, unions helped mobilize hundreds of thousands of workers and their unions to push for federal legislation that ultimately resulted in the passage of the Mine Safety and Health Act of 1969 and the Occupational Safety and Health Act of 1970. From the 1970s onward, industry developed a variety of tactics to undercut OSHA. Industry argued over what constituted good science, shifted the debate from health to economic costs, and challenged all statements considered damaging.

COVID-19, Negligence and Occupational Health and Safety: Ethical and Legal Issues for Hospitals and Health Centres

The international incidence of health workers being infected with COVID-19 is deeply troubling. Until a vaccine is developed, they are the community's bulwark against the pandemic. It is vital that they be protected to the maximum extent possible. This entails the need for implementation of effective and compassionate protocols to keep their workplace as safe as possible for them, their colleagues and their patients in a context of much as yet not being known about the virus and awareness that some persons infected by it are for a time at least asymptomatic and that others test negative for it when they are prodromal or even already displaying some symptomatology. This has repercussions both for the liability of hospitals and multi-practitioner centres for negligence and also under occupational health and safety legislation. With the commencement of the roll out of biosecurity and disaster/emergency measures by government and escalating levels of anxiety in the general population, it is important to reflect upon the measures that most effectively can be adopted practically and ethically to protect the health and safety of those whose task it is to care for us if we become infected by COVID-19.

A critical analysis of the current South African occupational health law and hearing loss

BACKGROUND

Occupational health laws must recognise the constitutional requirement of substantive equality, and its role in 'the progressive realisation' of the rights provided by Section 27.

OBJECTIVES

Our main aim is to review current South African occupational health law (vis-à-vis workers' constitutional rights) in relation to hearing loss. We focus on gaps in the law regarding occupational hearing loss in South Africa.

METHOD

Our review of legal texts relies on experience as a methodological device augmented by the use of a critical science. Guided by literature or evidence synthesis methodologies, South African primary and secondary laws were reviewed along with unpublished (non-peer-reviewed) grey literature. An established six-step framework guided our thematic analysis. A semantic approach aided the critical interpretation of data using the Bill of Rights as a core analytical framework.

RESULTS

Four themes are discussed: (1) separate and unequal regulatory frameworks; (2) monologic foregrounding of noise; (3) minimisation of vestibular disorders; and (4) dilution of ototoxic agents. The highly divided legal framework of occupational health and safety in South Africa perpetuates a monologic 'excessive noise-hearing loss' paradigm that has implications for the rights of all workers to equal protections and benefits. There is a need to harmonise occupational health and safety law, and expand the scope of hearing-protection legislation to include the full range of established ototoxic hazards.

CONCLUSION

Occupational audiology is dominated by efforts to address noise-induced hearing loss. A 'noise' despite the reality of workers' exposures to a range of ototoxic stressors that act synergistically on the ear, resulting in audio-vestibular disorders.

[Medico-legal considerations and occupational medicine issues regarding the targeted employment of disabled persons: regulatory review, current social and medical operational guidelines and current application phenomena]

The Authors examine developments in Italian legislation concerning compulsory work placements for disabled people, comparing them to those of other countries, and focusing in particular on the operational aspects of the assessment committees set up under Italian legislative decree 68/1999; these commissions are tasked with a global assessment of the disabled individual, using multiple socio-health and occupational medicine perspectives, as well as through a conclusive medico-legal assessment. The work focuses on the delicate role played by these committees in adequately weighing up the residual working capacity of the disabled individual in order to place him/her in the most appropriate and least aggravating workplace in terms of the disorders they are affected by; this is possible by transferring the socio-work profile drawn up by the evaluation committee into the context of the labour market. Finally, the Authors try to highlight how this task has become even more difficult due to the economic and labour crises that have affected several of the employment sectors in Italy in recent years.

Operating Engineers and the OSHA Silica Standard: A Survey of Union Trainers

Enclosed cabs with filtration systems, an engineering control preferred in the hierarchy of controls, may reduce heavy equipment operators’ silica exposure during demolition, grading, and excavation. We surveyed operating engineer trainers about silica training, familiarity with the Occupational Safety and Health Administration (OSHA) silica standard, and cab filtration systems. A voluntary and anonymous online survey was e-mailed to 437 trainers in January 2018. The response rate was 22.9 percent (n = 100). Most trainers (84 percent) covered health risks and silica exposure prevention in their courses. Of these, 59 percent discussed cab filtration as an engineering control. Trainers identified possible barriers to the use of cab filtration systems and a need for education to increase use, and raised concerns about other exposures associated with heavy equipment use. Education about selection, use, and maintenance of cab filtration systems to control silica exposure is needed. Engineering improvements to heavy equipment should address cab filtration, noise, heat, and vibration.

Cross-National Comparisons and Correlates of Harms From the Drinking of People With Whom You Work

BACKGROUND

While research in high-income countries (HICs) has established high costs associated with alcohol's harm to others (AHTO) in the workplace, scant attention has been paid to AHTO in the workplace in lower- or middle-income countries (LMICs).

AIM

To compare estimates and predictors of alcohol's impacts upon coworkers among workers in 12 countries.

METHODS

Cross-sectional surveys from 9,693 men and 8,606 women employed in Switzerland, Australia, the United States, Ireland, New Zealand, Chile, Nigeria, Lao PDR, Thailand, Vietnam, India, and Sri Lanka. Five questions were asked about harms in the past year because of coworkers' drinking: Had they (i) covered for another worker; (ii) worked extra hours; (iii) been involved in an accident or close call; or had their (iv) own productivity been reduced; or (v) ability to do their job been affected? Logistic regression and meta-analyses were estimated with 1 or more harms (vs. none) as the dependent variable, adjusting for age, sex, rurality of location, and the respondent worker's own drinking.

RESULTS

Between 1% (New Zealand) and 16% (Thailand) of workers reported that they had been adversely affected by a coworker's drinking in the previous year (with most countries in the 6 to 13% range). Smaller percentages (<1% to 12%) reported being in an accident or close call due to others' drinking. Employed men were more likely to report harm from coworkers' drinking than employed women in all countries apart from the United States, New Zealand, and Vietnam, and own drinking pattern was associated with increased harm in 5 countries. Harms were distributed fairly equally across age and geographic regions. Harm from coworkers' drinking was less prevalent among men in HICs compared with LMICs.

CONCLUSIONS

Workforce impairment because of drinking extends beyond the drinker in a range of countries and impacts productivity and economic development, particularly affecting men in LMICs.

[The harmonized approach to health and safety in Italian ports: the experience of the interregional technical group on ports and ships]

This report summarises some of the crucial and critical aspects on the enforcement of the Italian regulations on port and maritime work and fishing, following the activity of the Interregional Coordination Working Group on OHS in Ports and Ships from September 2017 until September 2019. The discussions have been organised in fine main topics. First of all, the complex relationships between the different Institution and Social Partners dealing with the subject at local and national level. Some specific topics are then analysed in depth: the limits of regulations on health surveillance for maritime workers; the difficult management of work interference during loading and unloading ships, the transport of dangerous chemicals and the port road and rail safety; the critical aspects of the enforcement of precautions for hot work in ship repair and asbestos removal. Finally, we describe a complex national training on the field project, organized for the inspectors by the Working Group on OHS in Loading and Unloading ships, Shipyards and Ship Repair, Fishing work.

Effectiveness of the Labour Inspection Authority's regulatory tools for work environment and employee health: study protocol for a cluster-randomised controlled trial among Norwegian home-care workers

INTRODUCTION

There is a need to evaluate whether, and to what degree, labour inspections or other regulatory tools have the desired effects on psychosocial, organisational and mechanical work environment, and employee health. The Norwegian Labour Inspection Authority (NLIA) uses different tools and strategies to enforce compliance with occupational safety and health (OSH) legislation. The aim of the present study is to evaluate the effects of labour inspections and other regulatory tools employed by the NLIA. The home-care service is one of the fastest growing occupations and a prioritised area for the NLIA, hence the present study will investigate regulatory tools in this sector.

METHODS AND ANALYSIS

The research project has been designed as a longitudinal, cluster-randomised, controlled trial and will be conducted among Norwegian home-care workers. The objective of the research project is to evaluate the effects of the NLIA's regulatory tools (inspection and guidance) on: (1) compliance with OSH legislation and regulation; (2) psychosocial, organisational and mechanical work environment; (3) employee health in terms of musculoskeletal and mental health complaints; and (4) sickness absence. Public home-care services have been randomised to three intervention groups and one control group. Home-care services in the intervention groups will receive one of three intervention activities from the NLIA: (1) inspection from the Labour Inspection Authority; (2) guidance through an online interactive risk-assessment tool; and (3) guidance on psychosocial, organisational and mechanical work environment through workshops. The interventions will be performed at the organisational level (home-care service), and the effects of the interventions on the working environment and health complaints will be measured at the individual level (home-care employees).

ETHICS AND DISSEMINATION

This project has been approved by the Regional Committees for Medical and Health Research Ethics (REC) in Norway (REC South East) (2018/2003/REK sør-øst C), the Norwegian Center for Research Data (566128), and will be conducted in accordance with the World Medical Association Declaration of Helsinki. The results will be reported in international peer-reviewed journals.

TRIAL REGISTRATION NUMBER

NCT03855163.

[The "new carcinogens' directive" from the European Union: new tasks waiting for us, new opportunities in front of us (and that we need not to waste) in Italy]

The new EU directive on the protection of workers from the risks related to exposure to carcinogens and mutagens at work, issued on December 2017, will be integrated inside the Member States' national laws not later than 17th January 2020. The new directive brings in force new binding occupational exposure limit values (BOELVs) for several agents, some of great importance such as hard wood dusts, a set of hexavalent chromium compounds and crystalline silica dust; for some cases, the entry into force of the new limits is delayed in time. The new directive clarifies that the limit values are established considering factors distinct from health necessities too. The Member States are bound to adopt national limit values not avexceeding the corresponding EU ones, but are empowered to lower them. It is essential that the control of the actual respect of the limit values results not only from the application of theoretic previsional models, but is entrusted mainly to high quality exposure measurements and to estimates directly derived from measurements, on the base of publicly available JEMs. The specific health surveillance to be provided to any person both exposed and previously exposed to carcinogens at work should not be limited to proper oncological screening actions, but should include programs for biological monitoring of both exposures and related pre-neoplastic effects, every time any of these is possible and useful. A fair mapping of the exposures to carcinogens and mutagens at work and a systematical registration of cases of cancers attributable to occupational exposures will be placed side to side.

Disrupting gender norms in health systems: making the case for change

Restrictive gender norms and gender inequalities are replicated and reinforced in health systems, contributing to gender inequalities in health. In this Series paper, we explore how to address all three through recognition and then with disruptive solutions. We used intersectional feminist theory to guide our systematic reviews, qualitative case studies based on lived experiences, and quantitative analyses based on cross-sectional and evaluation research. We found that health systems reinforce patients' traditional gender roles and neglect gender inequalities in health, health system models and clinic-based programmes are rarely gender responsive, and women have less authority as health workers than men and are often devalued and abused. With regard to potential for disruption, we found that gender equality policies are associated with greater representation of female physicians, which in turn is associated with better health outcomes, but that gender parity is insufficient to achieve gender equality. We found that institutional support and respect of nurses improves quality of care, and that women's empowerment collectives can increase health-care access and provider responsiveness. We see promise from social movements in supporting women's reproductive rights and policies. Our findings suggest we must view gender as a fundamental factor that predetermines and shapes health systems and outcomes. Without addressing the role of restrictive gender norms and gender inequalities within and outside health systems, we will not reach our collective ambitions of universal health coverage and the Sustainable Development Goals. We propose action to systematically identify and address restrictive gender norms and gender inequalities in health systems.

Gender equality and gender norms: framing the opportunities for health

The Sustainable Development Goals offer the global health community a strategic opportunity to promote human rights, advance gender equality, and achieve health for all. The inability of the health sector to accelerate progress on a range of health outcomes brings into sharp focus the substantial impact of gender inequalities and restrictive gender norms on health risks and behaviours. In this paper, the fifth in a Series on gender equality, norms, and health, we draw on evidence to dispel three myths on gender and health and describe persistent barriers to progress. We propose an agenda for action to reduce gender inequality and shift gender norms for improved health outcomes, calling on leaders in national governments, global health institutions, civil society organisations, academic settings, and the corporate sector to focus on health outcomes and engage actors across sectors to achieve them; reform the workplace and workforce to be more gender-equitable; fill gaps in data and eliminate gender bias in research; fund civil-society actors and social movements; and strengthen accountability mechanisms.

Working Time Society consensus statements: Regulatory approaches to reduce risks associated with shift work-a global comparison

A large number of workers worldwide engage in shift work that can have significant influences upon the quality of working life. For most jurisdictions, setting and enforcing appropriate policies, regulations, and rules around shift work is considered essential to (a) prevent potentially negative consequences of shift work and (b) to improve worker health and well-being. However, the best ways to do this are often highly contested theoretical spaces and often culturally and historically bound. In this paper, we examine the regulatory approaches to regulating shift work in four different regions: Europe, North America, Australasia, and East Asia (Japan, China, and Korea). Despite the fact that social and cultural factors vary considerably across the regions, comparing regulatory frameworks and initiatives in one region can be instructive. Different approaches can minimally provide a contrast to stimulate discussion about custom and practice and, potentially, help us to develop new and innovative models to improve worker well-being and organizational productivity simultaneously. In this paper, our goal is not to develop or even advocate a "perfect" sets of regulations. Rather, it is to compare and contrast the diversity and changing landscape of current regulatory practices and to help organizations and regulators understand the costs and benefits of different approaches. For example, in recent years, many western countries have seen a shift away from prescriptive regulation toward more risk-based approaches. Advocates and critics vary considerably in what drove these changes and the benefit-cost analyses associated with their introduction. By understanding the different ways in which shift work can be regulated, it may be possible to learn from others and to better promote healthier and safer environments for shift-working individuals and workplaces.

Working Time Society consensus statements: Prescriptive rule sets and risk management-based approaches for the management of fatigue-related risk in working time arrangements

Traditionally, working time arrangements to limit fatigue-related risk have taken a prescriptive approach, which sets maximum shift durations in order to prevent excessive buildup of fatigue (and the associated increased risk) within shifts and sets minimum break durations to allow adequate time for rest and recovery within and/or between shifts. Prescriptive rule sets can be successful when, from a fatigue-related risk standpoint, they classify safe work hours as permitted and unsafe work hours as not permitted. However, prescriptive rule sets ignore important aspects of the biological factors (such as the interaction between circadian and homeostatic processes) that drive fatigue, which are critical modulators of the relationship between work hours and fatigue-related risk. As such, in around-the-clock operations when people must work outside of normal daytime hours, the relationship between regulatory compliance and safety tends to break down, and thus these rule sets become less effective. To address this issue, risk management-based approaches have been designed to regulate the procedures associated with managing fatigue-related risk. These risk management-based approaches are suitable for nighttime operations and a variety of other non-standard work schedules, and can be tailored to the particular job or industry. Although the purpose of these fatigue risk management approaches is to curb fatigue risk, fatigue risk cannot be measured directly. Thus, the goal is not on regulating fatigue risk per se, but rather to put in place procedures that serve to address fatigue before, during, and after potential fatigue-related incidents. Examples include predictive mathematical modeling of fatigue for work scheduling, proactive fatigue monitoring in the workplace, and reactive post-incident follow-up. With different risks and different needs across industries, there is no "one size fits all" approach to managing fatigue-related risk. However, hybrid strategies combining prescriptive rule sets and risk management-based approaches can create the flexibility necessary to reduce fatigue-related risk based on the specific needs of different work environments while maintaining appropriate regulatory oversight.

Socialized occupational medicine in Israel: past, present, and future

Occupational health in Israel is unique as it was originally established as a socialized service which anchored in extensive legislation and is accessible to all employees and employers without copayment. We review historical processes and legal basis that led to current structure of public occupational medicine services in Israel. Some of these go back a century and others extend way back to biblical times. Representative case studies from the field are used to illustrate its scope of practice. Legislative changes that exempted the employers from participation in financing occupational health have led to severe budget cuts, jeopardizing the future provision and key principles of occupational healthcare. We discuss future aspects of recommended development vectors for policy making that will preserve the structure of occupational health services and benefits it offers to all workers in Israel.

[Child labour and occupational health in Mexico: a challenge for medicine]

Occupational Health is a transdisciplinary activity relatively less known and under-developed in Mexico. Its objective is the well-being of workers: physical, mental and social spheres. Hygiene, safety, ergonomics, psychology, medicine, physiotherapy, rehabilitation, sociology, anthropology, law and economics, are some examples of the disciplines involved in the field of Occupational Health. Child labour is all productive activity carried out by persons under 18 years old, with or without compensation, which is harmful to their physical, mental and social development. In Mexico more than 2.5 million children and adolescents face this situation. Most of them work in the informal sector where hazardous work environment may exist and occupational health activities or at least, occupational medicine services are missing. Promoting the work of children is not a moral act but poverty and inequity that force them to work in some countries is happening every day. Without better alternatives, eradication of child labour in the short or medium term does not seem a realistic goal. This paper highlights the need for a new way of thinking about child labour: child work that is safe. Social and professional awareness about the reality of child labour and occupational health potential could represent the opportunity to at least make child labour into safe child work. Physicians may have a privileged position to lead that transformation, if provided with the right training and tools.

Caring for Workers' Health: Do German Employers Follow a Comprehensive Approach Similar to the Total Worker Health Concept? Results of a Survey in an Economically Powerful Region in Germany

Similar to ‘Total Worker Health’ in the United States (USA), ‘Workplace Health Management’ in Germany is a holistic strategy to protect, promote, and manage employees’ health at the workplace. It consists of four subcategories. While the subcategories ‘occupational health and safety’ and ‘reintegration management’ contain measures prescribed by law, ‘workplace health promotion’ and ‘personnel development’ can be designed more individually by the companies. The present study focused on the current implementation of voluntary and legally required measures of the four subcategories, as well as companies’ satisfaction with the implementation. A total of N = 222/906 companies (small, medium, and big enterprises of one German county) answered a standardized questionnaire addressing the implementation of health-related measures, satisfaction with the implementation, and several company characteristics. In the subcategory ‘occupational health and safety’, 23.9% of the companies fulfilled all of the legally required measures, whereas in the category ‘reintegration management’, that rate amounted to 50.9%. There was a positive correlation between company size and the implementation grade, and as well between company size and the fulfilling of measures required by law. Companies tended to be more satisfied with higher implementation grades. Nevertheless, a surprisingly high proportion of the companies with poor implementation indicated satisfaction with the measures’ implementation.

Does Europe Need an EU Product Safety Directive for Access Scaffolding?

The main requirement established for the development of European Union product safety directives is to ensure a high level of safety for users. This research aims to analyze whether Europe needs a product safety directive for scaffolding and identify the main factors to be defined in public policies on the use of standardized scaffolding in the absence of such a directive. The principal types of scaffolding were reviewed, along with European regulations, and their risk levels. Finally, a qualitative study using a panel of experts was conducted to determine the differences between types of scaffolding and whether the enactment of such a directive would be justified. Key results were that the risk level associated with scaffolding positioned it third or fourth between material agents more hazardous in relation to falls from height. There is no existing product safety directive for scaffolding, despite the fact that there are directives for other products less dangerous than or as dangerous as scaffolding. However, there are noncompulsory standards EN 12810-1-2 and EN 12811-1-2-3-4 for scaffolding, which would form the basis of the essential requirements contained in a directive if it were created. The experts highlighted significant differences between “standardized” and “nonstandardized” scaffolding, with higher safety levels and productivity, and better maintenance, inspection, assembly, and dismantling associated with the former, and lower costs with the latter. Thus, they found that the enacting of an EU product safety directive for scaffolding would be justifiable, and in its absence supported the promotion of the use of standardized scaffolding.

Occupational safety and health regulations and implementation challenges in Uganda

The burden of occupational diseases and injuries is high in developing countries due to several challenges including poor regulatory frameworks. To explore the status of occupational safety and health (OSH) policies and related implementation challenges in Uganda, we reviewed OSH regulations and conducted key informant interviews with stakeholders. We found that the existing OSH laws were largely outdated compared to the current needs of workplaces. Challenges affecting implementation are related to: gaps in the legal framework, low public awareness about OSH, poor planning, and limited human capacity, transparency, and accountability. Measures to address these gaps including training, upgrading OSH laws and policies, and prioritization are warranted to improve the status of OSH in Uganda.

Influenza Mandates and Religious Accommodation: Avoiding Legal Pitfalls

Influenza mandates in health care institutions are recommended by professional associations as an effective way to prevent the contraction of influenza by patients from health care workers. Health care institutions with such mandates must operate within civil rights frameworks. A recent set of cases against health care institutions with influenza mandates reveals the liabilities posed by federal law that protects employees from religious discrimination. This article examines this legal framework and draws important lessons from this litigation for health care institutions. We argue counterintuitively that providing religious exemptions from influenza mandates may expose health care institutions to more liability than not providing a formal exemption.

Riflessioni medico-legali su un caso giudizario di mobbing

Lo stress e le violenze morali nei luoghi di lavoro, come indicato dai dati epidemiologici, sono in costante aumento e rappresentano una causa di alterazione dello stato di salute dei lavoratori, con importanti ricadute negative sui soggetti, sulle aziende e sulla società. Nel caso descritto qui di seguito, le violenze morali e la disfunzionalità organizzativa, una delle principali fonti di stress correlato al lavoro, sono state intenzionalmente impiegate quale mezzo mobbizzante nei confronti di un lavoratore da parte dei suoi superiori (mobbing verticale). Attraverso il procedimento giudiziario, intrapreso dal lavoratore per vedersi riconosciuto vittima di mobbing, è stato possibile ripercorrere e identificare le ragioni e le modalità dell'azione mobbizzante, l'eziopatogenesi della conseguente psicopatologia, la sua strutturazione e la manifestazione sintomatologica. L'esame del caso permette di formulare delle considerazioni riguardo la necessità che i casi di mobbing siano trattati all'interno di un team multidisciplinare (medico di famiglia, medico del lavoro, psichiatra e medico legale) al fine di garantire un efficace trattamento terapeutico e la tutela del lavoratore nei diversi ambiti previsti dalla legge.

Situation of Occupational and Environmental Health in Mexico

BACKGROUND

Mexico has a great diversity and richness of natural resources, but evaluations of the quality of life of Mexicans show the deep inequalities and the gap between rich and poor. While 5% of families concentrate 58% of the wealth, the health spending in environment and health is 0.2 and 2.7 of the GDP respectively. This has repercussions both on the gradual deterioration of the environment and on the insufficient health and social security coverage of the working population.

OBJECTIVE

To describe the current situation of occupational and environmental health in Mexico.

METHODS

A bibliographic review was performed on the socioeconomic, demographic, environmental, legal and health status of the Economically Active Population (EAP).

FINDINGS

There is a constant deterioration of terrestrial and marine ecosystems, accompanied by an increase in environmental pollution in large cities. The unemployment rate of the EAP has decreased in one year to 3.4%, but the informal labor rate reached 57.3%, which translates into population without social security. Compliance with legislation for the protection of workers' health is insufficient. The recent amendments to the law have meant a setback in these respects. The reported information on accidents and occupational diseases corresponds to only 34% of workers. There has been a decrease in the rate of work accidents in the last six years, but an increase in diseases and permanent disabilities. During 2016, the first cause of occupational illness was hearing loss, but the profile was dominated by musculoskeletal diseases, which together reached 36.5%.

CONCLUSIONS

To improve the occupational and environmental health situation, it is necessary to implement general and particular measures against inequalities, increase the budget in health and environment, enforce legislation and expand social security coverage to the population. These measures should be part of public policies as well as actions of academics and researchers.

Worker knowledge of occupational legislation and related health and safety benefits

BACKGROUND

 Environmental hazards such as fumes, gases, poor ventilation and extreme temperatures might lead to occupational illnesses and injuries. To protect workers from potential occupational health and safety risks, the government has promulgated occupational legislation that must be implemented in work settings.

OBJECTIVES

 The objective of this study was to explore the knowledge of workers about occupational legislation and its benefits for their health and safety. The aim was to make recommendations that would be implemented to improve the knowledge and compliance with occupational legislation as advised by the occupational health nurse.

METHODS

 A quantitative approach was used for this study. One hundred and ten respondents were sampled from an accessible population of 1590 workers. A self-administered questionnaire was used for gathering data. Data were analysed through descriptive analysis using Statistical Package for Social Sciences.

RESULTS

 Research findings indicated that only 18 (16.36%) respondents were knowledgeable about occupational legislation. Eighty-two (75.54%) respondents were unable to mention even one occupational act by name. Respondents mentioned five benefits of occupational legislation for the health and safety of workers. These benefits were that legislation ensured safety, gave rights to workers, ensured compensation for occupational injuries and illnesses, and provided guidance in the prevention of occupational injuries and illnesses.

CONCLUSION

 Most respondents (75.54%) were found not to be knowledgeable about occupational legislation. The positive finding was that respondents knew the benefits of occupational legislation. To improve the respondents' knowledge about legislation, five recommendations are made by the researcher.

Pesticide management approach towards protecting the safety and health of farmers in Southeast Asia

BACKGROUND

It is estimated that pesticide production and use have increased continuously in the countries of Southeast Asia in recent years. Within the context of protecting the safety and health of workers in the agricultural sector, there is an existing gap in the implementation of the pesticide management framework because safety and health effects arising from occupational exposures continue to be reported.

OBJECTIVE

This study aims to provide narrative similarities, differences and weaknesses of the existing pesticide management system in Southeast Asian countries (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam) within the context of occupational safety and health.

METHODS

This is preliminary traditional review study. Pesticide regulation and management at the country level were identified using web-based search engines such as Scopus, ScienceDirect, PubMed and Google. Book, reports, legislation document and other documents retrieved were also gathered from international organizations and specific websites of governmental agency in Southeast Asian countries. The scope of this review is only limited to literature written in English. In total, 44 review articles, reports and documents were gathered for this study. The approach of pesticide management in protecting safety and health in the agricultural setting were benchmarked according to the elements introduced by the United States Environmental Protection Agency, namely, (1) the protection of workers and (2) the practice of safety.

RESULTS

All countries have assigned a local authority and government organization to manage and control pesticide use in the agricultural sector. The countries with the highest usage of pesticide are Thailand, Philippines and Malaysia. Most Southeast Asian countries have emphasized safety practice in the management of pesticide usage, but there were less emphasis on the element of protection of workers within the framework in Indonesia, Myanmar, Thailand and Vietnam.

CONCLUSION

The governing bodies in the countries of Southeast Asia have placed significant effort to develop framework related to pesticide management at the country level. The implementation of pesticide management based on the existing framework is evident in most of the countries but needs to be improved. It is suggested that emphasis be given to the implementation of diagnosis, health surveillance and reporting system as well as following or adopting standard guidelines for the protection of workers in terms of safety and health in the agricultural sector.

Protection of pregnant women at work in Switzerland: practices, obstacles and resources. A mixed-methods study protocol

INTRODUCTION

Like most industrialised countries, Switzerland has introduced legislation to protect the health of pregnant workers and their unborn children from workplace exposure. This legislation provides for a risk assessment, adaptations to workplaces and, if the danger is not eliminated, preventive leave (prescribed by a gynaecologist). This study's first objective is to analyse the degree to which companies, gynaecologists and midwives implement the law. Its second objective is to understand the obstacles and resources of this implementation, with a focus on how relevant stakeholders perceive protective measures and their involvement with them.

METHODS AND ANALYSIS

Data will be collected using mixed methods: (1) online questionnaires for gynaecologists and midwives; telephone questionnaires with company human resources (HR) managers in the healthcare and food production sectors; (2a) case studies of 6-8 companies in each sector, including interviews with stakeholders such as women workers, HR managers and occupational health physicians; (2b) two focus groups, one involving occupational physicians and hygienists, one involving labour inspectors.Quantitative data will be analysed statistically using STATA software V.15. Qualitative data will be transcribed and thematically analysed using MaxQDA software.

ETHICS AND DISSEMINATION

The Human Research Ethics Committee of the Canton Vaud (CER-VD) has certified that this research study protocol falls outside of the field of application of the Swiss Federal Act on Research Involving Humans.The publications and recommendations resulting from this study will form the starting point for future improvements to the protection of pregnant women at work and their unborn children.This study started in February 2017 and will continue until January 2020.

ACVIM small animal consensus statement on safe use of cytotoxic chemotherapeutics in veterinary practice

The purpose of this report is to offer a consensus opinion of ACVIM oncology diplomates and technicians on the safe use of cytotoxic chemotherapeutics in veterinary practice. The focus is on minimizing harm to the personnel exposed to the drugs: veterinary practitioners, veterinary technicians, veterinary staff, and pet owners. The safety of the patient receiving these drugs is also of paramount importance, but is not addressed in this statement. Much of the information presented is based on national recommendations by Occupational Safety and Health Administration, National Institute for Occupational Safety and Health, United States Pharmacopeia, and other published regulations. These directives reflect an abundance of caution to minimize exposure to medical personnel, but large-scale studies about the consequences of long-term occupational exposure are not available in veterinary medicine. Challenges in the delivery of optimal treatment safely and economically to veterinary patients in general practice without access to a veterinary oncologist or other specialist, because of costs or proximity, remain.