5.Current Status and the Future of Occupational Safety and Health Legislation in Low- and Middle-Income Countries.
Safety and Health at Work 2018;9(4):365-371
This article addresses three key issues. First, the commonalities, differences, strengths, and limitations of existing occupational safety and health (OSH) legislation of low- and middle-income countries were determined. Second, required revisions were identified and discussed to strengthen the laws in accordance with the best international practice. Finally, proposals for additional OSH laws and interventions were suggested. A literature search of OSH laws of 10 selected low- and middle-income countries was carried out. The laws were subjected to uniform review criteria. Although the agricultural sector employs more than 70% of the population, most of the reviewed countries lack OSH legislation on the sector. Existing OSH laws are gender insensitive, fragmented among various government departments, insufficient, outdated, and nondeterrent to perpetrators and lack incentives for compliance. Conclusively, the legal frameworks require reformation and harmonization for the collective benefit to employees, employers, and regulatory authorities. New OSH legislation for the agricultural sector is required.
Clothing
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Compliance
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Jurisprudence
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Legislation as Topic*
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Motivation
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Occupational Health*
6.The doctor in claims for work injuries and ill health--legal pitfalls.
See-Muah LEE ; Judy SNG ; David KOH
Annals of the Academy of Medicine, Singapore 2009;38(8):727-732
Occupational health work is currently undertaken by the specialist and the non-specialist physician alike. The work scope can vary from medical assessments of individual workers to health risk assessment at the workplace. The scope of the latter will include evaluation of exposures, hazards, risks and its management to control these risks. Much of the case law governing legal disputes over industrial safety and health have involved the employers. Over the years, the actions brought forth by workers have resulted in a formidable volume of case law based on statutes and on the common law of negligence in tort. Disputes over the assessment of workers' health or workplace health risks to the extent that it is a failure to discharge a reasonable standard of care, may result in the doctor being a defendant. Measures to prevent these legal pitfalls include communication with employers about the causative link of the illness suffered to workplace factors and the clarity of contractual obligations undertaken with regard to workplace health risk assessment.
Accidents, Occupational
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legislation & jurisprudence
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Asthma
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Humans
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Liability, Legal
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Male
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Middle Aged
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Occupational Exposure
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Occupational Health
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legislation & jurisprudence
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Risk Assessment
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Singapore
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Workers' Compensation
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legislation & jurisprudence
7.Policies, laws, regulations, standards, and technical guidelines and tools on occupational health protection for healthcare workers: Systematic evidence-based review and a coherent set of policy recommendations.
Min ZHANG ; Yang LU ; Xieyi DU ; Wenjie LI ; Tuo LIU ; Chunlan SHI ; Liang CHEN
Chinese Journal of Industrial Hygiene and Occupational Diseases 2014;32(8):633-640
8.Management System of Occupational Diseases in Korea: Statistics, Report and Monitoring System.
Kyung Yong RHEE ; Seong Weon CHOE
Journal of Korean Medical Science 2010;25(Suppl):S119-S126
The management system of occupational diseases in Korea can be assessed from the perspective of a surveillance system. Workers' compensation insurance reports are used to produce official statistics on occupational diseases in Korea. National working conditions surveys are used to monitor the magnitude of work-related symptoms and signs in the labor force. A health examination program was introduced to detect occupational diseases through both selective and mass screening programs. The Working Environment Measurement Institution assesses workers' exposure to hazards in the workplace. Government regulates that the employer should do health examinations and working conditions measurement through contracted private agencies and following the Occupational Safety and Health Act. It is hoped that these institutions may be able to effectively detect and monitor occupational diseases and hazards in the workplace. In view of this, the occupational management system in Korea is well designed, except for the national survey system. In the future, national surveys for detection of hazards and ill-health outcomes in workers should be developed. The existing surveillance system for occupational disease can be improved by providing more refined information through statistical analysis of surveillance data.
Accidents, Occupational/statistics & numerical data
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*Environmental Monitoring/legislation & jurisprudence
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Female
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Humans
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Male
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*Occupational Diseases
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Occupational Exposure
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*Occupational Health/legislation & jurisprudence
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*Occupational Health Services/legislation & jurisprudence
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*Population Surveillance
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Republic of Korea
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Workplace
10.Fitness to work: legal pitfalls.
Annals of the Academy of Medicine, Singapore 2008;37(3):236-240
Medical examinations for fitness to work are undertaken by the specialist and the nonspecialist occupational physicians alike. An assessment done negligently in such a capacity will expose physicians to legal risks, even if they are not specialist occupational physicians. This is not unlike negligent care given in the traditional therapeutic care setting. Much of the case law governing legal disputes in medical fitness to work assessments depend on the kind of loss that is at stake, that is, whether it is one resulting in economic loss, as in loss of an employment opportunity, or one resulting in personal injury, such as when the doctor negligently fails to diagnose or to communicate a serious medical finding. In the latter, the courts are more likely to find for the injured claimants. One of the ways for doctors to reduce their risk in this area is to establish with prospective employers and employees the ground rules when conducting medical fitness to work examinations.
Female
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Humans
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Liability, Legal
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Male
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Occupational Health
;
legislation & jurisprudence
;
Occupational Medicine
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United Kingdom
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United States
;
Work Capacity Evaluation