...Freedom of religion is one thing and public safety is another. Many people are loyal to their religion and will do anything to not disobey it. For instance, eight amish men were sentenced to jail time for about 3 to 13 days in jail for not obeying the law. It was a simple safety law to keep the amish safe from possible collisions. A law in Kentucky requires horse drawn buggies to be marked with a bright reflective orange triangle. The eight me refused to do so and that is how they ended up in jail. The amish men saw the orange triangle as too flashy and too bright. They thought it was a violation to their simple life. The men were first handed fines but they refused to pay and therefore they were sent to jail. These men would rather go to jail...
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...Employee Safety, Health, and Welfare Law Paper Virginia A. Williams MGT/434 October 22, 2012 Paul D. Love, JD MBA Employee Safety, Health, and Welfare Law Guidelines were leveled at hirers, workers, safety representatives, safety committee members, and health practitioners. The guidelines are a guide to segments 25 and 26 of the Safety, Health, and Welfare at Work Act 2005, hereafter called the 2005 Act. They give general guidance on the roles of each party in the process of safety exchanging of views to reach a decision. The provisions of the act apply to hirers, workers in employments and the self-employed. To encourage a preventive approach to occupational safety and health, it also has implications for individuals who control workplaces, such as landlords or property companies who may have non-one employed but may provide the workplace itself or essential services for use by hirers and workers. The 2005 Act provides for exchanging of views to reach a decision between hirers and workers to help ensure cooperation to prevent mishaps and ill-condition of experiencing physically and mentally soundness. Under Segment 25 of the Act, workers are authorized to choose an assurance delegate to stand for them on assurance and medical subjects in consultations with his or her hirer. Segment 26 lays out the conditions for this exchanging of views on a scope of assurance and...
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...Timeline of the History of Australian Occupational Health and Safety Laws 1. The early history of Occupational Health and Safety Laws and significant historical events that helped to shape current laws 1833 The first HM Factory Inspectorate was formed in the UK. The major goal of the Inspectorate was to inspect factories and workshops to prevent injuries of child textile workers (Factories and Workshops: Annual Report of the Chief Inspector of Factories and Workshops, 1842, p. 9). 1837 Priestly vs. Fowler case in the UK was used to establish occupational health and safety as part of common law. In this case, a butcher’s assistant sued his employer after he fell from the overloaded cart and was injured (Bohle & Quinlan, 2000, p. 319). 1840 A Royal Commission in the UK published the findings on the state of working conditions in the mining industry, documenting the appallingly dangerous conditions for workers and high rate of accidents (including fatal ones) in mines. This case led to the public outrage and the adoption of the Mines Act of 1842. The Mines Act led to the establishment of an Inspectorate for mines and collieries to improve safety environment and prosecutions. Under this act, inspectors had the right to enter and inspect premises at their discretion by 1850 (Lavalette, 1999, p. 101). 1880 One of the first voluntary standardizing bodies, American Society of Mechanical Engineers (ASME) was established . Actually, the creation of ASME was connected with...
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...Academic Report into Industrial Law and Business Occupational Health and Safety Work Health and Safety Act 2011 QLD No. 18 Model Work Health and Safety Act TABLE OF CONTENTS 1.0 Introduction 3 2.0 History and Purpose of OH&S Legislation 4 3.0 Scope of WHS Act 5 4.0 Key Provisions in a Business Context 6 5.0 Primary Duty of Care 7 6.0 Application of OHS 9 7.0 Regulation Change, a Harmonious Approach? 11 8.0 References 13 8.0 Resources 13 1.0 Introduction According to recently published data uncovered within the ABS WRIS (Australian Bureau of Statistics, Work-Related Injuries Survey published 2011), in 2009 it was estimated that 640,700 Australian workers experienced a work-related incident. While a total of 337 people died in Australia from work-related traumatic injury (safeworkaustralia.gov.au). Economic losses from work-related disease, injuries and deaths impose a heavy burden on the Australian economy, with estimated costs totalling in excess of $60.6 billion per annum. Figure 1: Total work-related injury and illness cost for 2009 (www.safeworkaustralia.gov.au) It is within these alarming figures we derive the impetus to further examine current Workplace Heath and Safety regulations and the associated Industrial legislation on both State and Federal levels. This report will predominately focus on the newly established Queensland Work Health and Safety Act 2011 in conjunction with the...
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...Can endangered species of the world rely on the international law for their safety? Discuss This essay will attempt to discuss how the international law protects endangered species of the world. Using academic commentary and legislation it will also review the ethical, philosophical, economical and moral aspects of this area of law. The essay will also draw attention to the current issue, which has been a controversy in the preservation of endangered species of the world, but will particularly pay more attention to the protection of whales. Ever since the days of illustrious philosophers such Plato, Aristotle, Descartes to the modern scientists there has been a lengthy wait in fighting for laws and acts to protect animals in keeping them in good health and their populations high in numbers. Long ago, most animals became extinct because of natural events, like earthquakes or volcano eruptions. Climatic changes were also a threat i.e. like the ‘beginning of the Ice Age which also led to the disappearance of certain species’ . Today, animals are in danger mostly because of human beings. In the 17th century Descartes and Plato both portraying animals as mere objects, held that ‘animals have no conscience and humans should have no moral obligation’ towards them. However, through the advancement of technology and science Charles Darwin came up with his theory of evolution, bringing new developments and protection to endangered species, with his effort in his work there...
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...Health and Safety Case Law Safe and adequate plant and equipment BAC Ltd v Austin (1978) IRLR 332 Austin’s job required the wearing of eye goggles. Austin wore glasses which prevented the wearing of the goggles safely as the glasses often misted up. She complained, nothing was done about it. Options open to Austin were, leave the job or not wearing the goggles or dropping her complaint. Austin left the job and brought a claim for constructive dismissal. Claim successful as her employers had breached the implied contractual requirement to provide safe equipment for the employee. Dugmore v Swansea NHS Trust 2003 Dugmore was a nurse who suffered from eczema and asthma for all her life. Between 1993 and 1995 she developed an allergy to latex as a result of using latex gloves in the course of her work. In 1997 she suffered an anaphylactic attack whilst lifting an empty latex glove box. Court ruled the employer had a duty of care under COSHH to ensure exposure to latex was prevented or adequately controlled. The court ruled that the duty was absolute. I.e. there is no way of getting out of it. Safe premises Latimer v AEC Ltd (1953) AC643 The place of work had a heavy rainstorm which left premises floor with a film of water and oil over the floor. Sawdust was put down before a change of shift. Latimer worked on the next shift, came in, started work and immediately slipped on the floor whilst carrying a heavy barrel which crushed Latimer’s ankle. The High Court found in Latimer’s...
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...Employee Safety, Health and Affirmative Action Law Paper MGT 434 Employment Law FMLA or The Family and Medical Leave Act of 1993 offer workers with as many as twelve weeks of unpaid leave from work in a one year interval. The leave may be for the delivery of a baby, adoption of a baby, taking care of a loved one who is unwell, or in case the worker has a severe illness stopping the worker from fulfilling her or his job requirements. (Vikesland, 2006) As per the Department of Labor ‘workers should provide the company with fourteen to thirty days advance notice when the requirement to take FMLA is imminent’ (DOL, 2010). If the advance notice to the company not be possible, the worker “should provide notice as quickly as possible and practical and the worker usually should abide by an employer’s normal call-in protocols” (DOL, 2010) The company should maintain the health benefit coverage or premiums of the worker when the worker is on FMLA leave under the group retirement plan policy just as if the worker were still doing the job. Once the worker comes back to work, equivalent pay, worker benefits along with other employment factors are restored. The eligibility needs for the worker under FMLA are “working for a covered company for a minimum of one year, 1250 hours during 12 months and with a minimum of fifty other workers hired within seventy five miles with the same company” (DOL, 2010). Companies might not meddle, restrict or refuse workers of...
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...The Terrible Triangle Fire The fire of the Triangle Waist Company made history based on a tragedy occurred on March 35, 1911 in New York City where the result of safety neglections in industries left more than one hundred deaths. The majority of them were young girls which did not surprised me due to the fact that everyone in this century is used to hear or see how the necessities are pretty expensive and specially for women who have to work from a really young age. The worst part of this is that most of the times they have to work for low paid jobs and also work under low safety conditions. Which in this case made the situation of the people that were in the fire even worst because that factory was not following the government laws, one of them being that each worker needed to have a 250 cubic feet of air....
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...requirements for this payload are that it will be able to be loaded on any model of C-130 without permanent modifications to any of the airframes. The system safety aspect of Oculus and the way it is designed is well defined without specific hazards outside the parameters of normal operations with any other payload, other than the lift arm mechanism for the sensor pod attached to the aft door, and the operational parameters while it is in use. It is because of the design requirements for not modifying the airframe that has created a safety issue with the way the sensor pod is set in operation. Oculus Sensor Platform System The C-130 Hercules transport aircraft has been around a long time. It has been a proven airframe, has been the work horse for the U.S. military services through the decades, has seen many conflicts, and has provided air and ground support for numerous missions worldwide. With its longevity it has seen numerous problems, has had many up-grades and modifications that each have their own safety issues. The ground support systems themselves have undergone up-grades that have interacting issues themselves with the aircraft and with the ever changing influx of personnel. With four turbo propeller engines, various mission capabilities, high-wing and large landing gear designed for multiple landing surfaces, the elemental safety system enacted for each airframe evolves with advancing technology and changing personnel to keep it...
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...Triangle Waist Factory Consequences On March 25, 1911 the Triangle Waist Factory in New York City went up in flames. Experts say it was most likely a cigarette bud from a worker but we will never know for sure. While this event was a tragedy it sparked a movement for worker safety regulations across the nation. I will be exploring what all this event affected and how it affects us today. The tragedy at the Triangle Waist Factory helped the organization ILGWU which was a labor union at the time made up of mostly women, gain recognition and members. This organization helped with finding 55 unsafe workshops and monitoring them. This monitoring sadly did not help much as the ILGWU were still finding many unsafe workplaces. Finally in...
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...go out there on that”, “Put always your helmet on”. This last sentence, I have heard it countless times and from different kinds of persons, even people that I do not know, but they are always worried and say: “An accident can happen any time, so better put it on every time”. I know that riding motorcycles bring at the same time a huge risk of having an accident or fall down just because of the road is not at the perfect conditions; hence, professional riders had the task to reduce fatal collisions and increase the safety of the motorcyclist. Safety wear and safety skills have been made to eliminate the chance of having a mishap. Here is where the controversy shows up: Making the riders to use a helmet vs teaching the riders about how to use the motorcycle and also clarify the drivers how to really share the road without problems. Education is the best way to avoid an accident if an event suddenly shows up, wearing a helmet is only one slice of a big cake of safety that should be up to you if you want to take only one...
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...escape exit doors to prevent theft, so workers jumped to their deaths. The government could’ve prevented the Triangle fire earlier if they listened to the workers’ plea for a safety working environment. Union organization tried to address the employees’ working conditions but wasn’t recognized. The fire was a catalyst for change in New York regarding the role of government in protecting workers because of the...
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...Child safety seats are designed to protect children from injury or death during the car accidents. Each year, thousands of children are killed or injured because of the car accidents and safety seats help to protect children (Car Seats); however, the child safety seats did not appear until 1962. There were two inventors who invented the child safety seats: one was Briton Jean Ames, who invented the featured a Y-strap, which was similar than the modern one. The other designer was American Len Rivkin, who invented the seat surrounded by the metal frame (A Graphic History). According to Pennsylvania’s Seat Belt Law: “Under Pennsylvania’s primary child passenger safety law, children under the age of four must be properly restrained in an approved...
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...saws in the work place and in the home; safety, training and equipment conditions. Mr. John Schmidt was injured on June 7; he seriously injured his hand while pushing a large piece of wood through a table saw in the production shop at work. Who is at fault here, the company or Mr. John Schmidt? Problems to be examined are the functioning of the safety guards presently on the table saw being used in the production shop, how employees are trained to operate this equipment and are the equipment conditions well. I will examine what was said by all the employees and management in the production shop. In this dispute it is examined if the company or the employee is at fault. Safety is number one when operating table saws in the work place and in the home. If you are not paying close attention to the process of cutting wood, the safety guards may not protect you in certain situations with handling table saws. According to woodworking machinery expert, Les Winter, the circular blades on the table saw move at a speed of 100 miles per hour. This can cause serious hazards to happen when operator is being careless and not focused on the operation of the saw. The smallest distraction or kickback can cause an accident. But even when all safety precautions are taken some accidents are still bond to happen because of human error or just randomly happen when all safety mechanisms are in use. The safety report, with this company, states that the safety guard was poorly designed to protect operators...
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...This is Child Safety Month. Many parents are putting their children in harm's way without even realizing it by not installing the safety seat properly. In fact, it is estimated that 80 percent of car seats are not installed properly. Fortunately, there are many things you can do in order to make sure that your child's safety seat is installed properly. You want to make sure that you pick the car seat that is the appropriate size for your child. Keep in mind that newborns and infants need rear-facing car seats. Once your child has outgrown the rear-facing car seat, he or she can move to a forward-facing one. Most children can fit in a forward-facing car seat by the age of two. Once children reach 40 pounds, they can move to a booster seat....
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