An Introduction to Health and Safety Law provides a clear, concise overview of health and safety law in the United Kingdom. With reference to the European Union, this book discusses criminal and civil liability at length to provide a clear understanding of this area of law which has been subject to change over the 20 years. Key case studies and statistical information on prosecutions, fines and enforcement notices help to contextualise health and safety law to provide students and professionals with a full understanding of health and safety law in the UK. This book includes chapters on: the legal framework criminal liability enforcement of criminal liability civil liability civil remedy subordinate legislation. This book is an essential reference for students studying towards NEBOSH qualifications and students studying at university level. It provides a comprehensive understanding of UK health and safety law and will be a useful reference when entering the professional field.

Inspecting and Diagnosing Disrepair provides housing officers, surveyors, landlords, tenants, lawyers and environmental health inspectors with the essential information they need to record, diagnose and remedy disrepair. Pat Reddin presents technical information methodically, including useful diagrams to help readers to develop an understanding of building materials and structures and to advise and take action on disrepair. The book is fully up to date with the latest legislation and is essential reading for environmental health professionals, surveyors and students alike.

Food safety has become a major concern for consumers in the developed world and Europe in particular. This has been highlighted by the recent spate of food scares ranging from the BSE (mad cow) crisis to Chinese melamine contamination of baby formula. To ensure food safety throughout Europe, stringent food safety standards have been put in place 'from farm to fork'. At the same time, poor African countries in the COMESA rely on their food exports to the European market to achieve their development goals yet have difficulty meeting the EU food safety standards. This book examines the impact of EU food safety standards on food imports from COMESA countries. It also critically examines both EU and COMESA food safety standards in light of the WTO SPS Agreement and the jurisprudence of the WTO panels and Appellate Body. The book makes ground-breaking proposals on how the standards divide between the EU and the COMESA can be bridged and discusses the impact of EU food safety standards on food imports from poor African countries.

The Fire Safety and Risk Management Revision Guide: for the NEBOSH Fire Certificate is the perfect revision aid for students preparing to take their NEBOSH National Certificate in Fire Safety and Risk Management. As well as being a handy companion volume to the Fire Protection Association textbook Fire Safety and Risk Management: for the NEBOSH National Certificate in Fire Safety and Risk Management, it will also serve as a useful aide-memoire for those in fire safety roles. The book: provides practical revision guidance and strategies for students; highlights the key information for each learning outcome of the current NEBOSH syllabus; gives students opportunities to test their knowledge based on NEBOSH-style questions and additional exercises; provides details of publically available guidance documents that students will be able to refer to. The revision guide is fully aligned to the current NEBOSH syllabus, providing complete coverage in bite-sized chunks, helping students to learn and memorise the most important topics. Throughout the book, the guide refers back to the Fire Safety and Risk Management textbook, helping students to consolidate their learning.

Law plays a crucial role in protecting the health of populations. Whether the public health threat is bioterrorism, pandemic influenza, obesity, or lung cancer, law is an essential tool for addressing the problem. Yet for many decades, courts and lawyers have frequently overlooked law's critical importance to public health. "Populations, Public Health, and the Law "seeks to remedy that omission. The book demonstrates why public health protection is a vital objective for the law and presents a new population-based approach to legal analysis that can help law achieve its public health mission while remaining true to its own core values.

By looking at a diverse range of topics, including food safety, death and dying, and pandemic preparedness, Wendy E. Parmet shows how a population-based legal analysis that recalls the importance of populations and uses the tools of public health can enhance legal decision making while protecting both public health and the rights and liberties of individuals and their communities.

As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, been exacerbated by the global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.

Genetically modified organisms (GMOs) are an extraordinary innovation. They raise great expectations of economic prosperity and improved capacity to address pressing problems of poverty and environmental degradation, whilst simultaneously raising great concerns about the type of social and physical world they promise. Finding space in regulation to consider the full range of issues provoked by GMOs is a huge challenge. This book explores the EU's elaborate regulatory framework for GMOs, which extends far beyond the process of their authorisation (or not) for the EU market, embracing disparate legal disciplines including intellectual property, consumer protection and civil liability. The regulation of GMOs also highlights questions of EU legitimacy in a context of multi-level governance, both internally towards national and local government, and externally in a world where technologies and their regulation have global impacts. This book will be of interest to academics and students in both law and social sciences, as well as practising lawyers and policy makers. It addresses questions that are significant for those involved in environmental or food issues, as well as specialists in GMOs.

This volume examines the role of law in increasing the legitimacy of European decision-making by structuring and facilitating diverse forms of participation, representation, and deliberation whilst ensuring transparency and accountability. The democratic deficit and the legitimacy of the European Union have attracted the attention of both lawyers and political scientists, but few have examined normatively the role of interest groups or of functional participation in European governance.This book examines institutional settings, such as committees, agencies, and social dialogue within which such participation occurs. Moving beyond generalities, tye author provides a detailed empirical account of participation within one policy sector: EC occupational health and safety. Smismans argues that different institutional settings for functional participation are underpinned by very different considerations: they weight balanced representation, deliberation, and expertise differently. He shows how this participation differs between legislation and regulatory implementation, and appraises the extent to which participation can compensate for a lack of territorial representation in implementation procedures, and can exert some control over 'scientific experts'. This book reveals changes in functional participation over time, from regulatory to persuasive policy-making; and argues that the 'new' forms of governance are not necessarily more participatory than the old.

Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right. With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies. This book will be valuable reading to scholars, researchers, policymakers, activists and students interested in the right to health.

Table of Contents

Preface; Introduction: the relevance of health rights litigation in Africa, Ebenezer Durojaye. Part I The Normative Framework on the Right to Health: The normative framework on the right to health under international human rights law, Olubayo Oluduro and Ebenezer Durojaye; A human rights-based approach to realising access to sexual and reproductive health rights in sub-Saharan Africa, Gladys Mirugi-Mukundi. Part II Country Case Studies: The domestic legal enforcement of the right to health in Malawi: appraising the litigation potential, Enoch MacDonnell Chilemba; Litigating the right to health care in South Africa, Emma Justine Broster; Litigating the right to health in Uganda: the necessity for innovation and activism, Salima Namusobya; Litigating health rights issues: the Nigerian experience, Josephine Odikpo and Ebenezer Durojaye; The right to health in Mauritius: is the state doing enough or is the constitutional protection of the right to health still required?, Amar Roopanand Mahadew; Litigating the right to health in Kenya: an analysis of selected cases, Jacinta Nyachae and Paul Ogendi; Challenges in litigating the right to health in Mozambique: a critical analysis, Satang Nabaneh. Part III Comparative Regional Study: Keeping promises: litigation as a strategy to concretise the right to health in Africa, Judy A. Oder; The protection of the right to health through individual petitions before the inter-American system of human rights, Oscar Parra-Vera. Index.

From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS

Challenging students to think critically about the complex web of social forces that leads to health disparities in the United States. The health care system in the United States has been called the best in the world. Yet wide disparities persist between social groups, and many Americans suffer from poorer health than people in other developed countries. In this revised edition of Health Disparities in the United States, Donald A. Barr provides extensive new data about the ways low socioeconomic status, race, and ethnicity interact to create and perpetuate these health disparities. Examining the significance of this gulf for the medical community and society at large, Barr offers potential policy- and physician-based solutions for reducing health inequity in the long term. This thoroughly updated edition focuses on a new challenge the United States last experienced more than half a century ago: successive years of declining life expectancy. Barr addresses the causes of this decline, including what are commonly referred to as "deaths of despair"-from opiate overdose or suicide. Exploring the growing role geography plays in health disparities, Barr asks why people living in rural areas suffer the greatest increases in these deaths. He also analyzes recent changes under the Affordable Care Act and considers the literature on how race and ethnicity affect the way health care providers evaluate and treat patients. As both a physician and a sociologist, Barr is uniquely positioned to offer rigorous medical explanations alongside sociological analysis. An essential text for courses in public health, health policy, and sociology, this compelling book is a vital teaching tool and a comprehensive reference for social science and medical professionals.

Tracking the evolution of medical care from an individualized small cottage profession to a giant impersonal corporate industry costing Americans over $3 trillion each year. Over the past three decades, the once-efficient American health care system has evolved into a complex maze of monopolies and a racket of bureaucratic checks, approvals, denials, roadblocks, and detours. This shift has created a massive and at times redundant workforce that frustrates patients, as well as physicians, nurses, and administrative staff. Health care costs the United States over $3 trillion each year and consumes over 18% of the country's gross domestic product. That's more than $11,000 for each person in the country each year-more than double what it costs in most Western European countries to deliver equal or even better care. In Corporatizing American Health Care, Robert W. Derlet, MD, traces the progression of health care policy in the United States. How, he asks, has US health care transformed from bedside medicine-a model of small practices and patient-focused care-into corporate medicine, which prioritizes profit and deals with both patient care and outcomes as billing codes? Arguing that the US Congress is the root of the problem, he describes how Congress has failed to enact legislation to prevent corporate monopolies in the health care industry. Instead, corrupted by large campaign donations and corporate lobbyists, Congress has crafted loopholes benefiting corporations and harming people. Drawing on his decades as a practicing physician caring for thousands of patients, as well as his university and medical school teaching experience, Derlet follows changes to both policy and practice across many sectors of health care. Scrutinizing how hospitals work, he also takes a hard look at high prescription drug prices, unresponsive insurance companies, problems with the Affordable Care Act, the growing medical implant device industry, and even nursing homes. Finally, he explains why the dominance of corporations and their lobbyists over health policy means that we now pay more for our care and our medications but have less choice both in what doctors we see and in what drugs we take. Breaking down the complex ABCs of health care to reveal the unscrupulous practices of the health care industry, Corporatizing American Health Care is perfect for both students and general readers who want to understand the changes in our system from the perspective of an actual doctor.

In August of 2005, Hurricane Katrina hit the Gulf Coast of the United States, directly affecting 1.5 million people. Only one year earlier, an Indian Ocean tsunami struck Indonesia, destroying or damaging more than 370,000 homes. As forces of nature, hurricanes, tsunamis, earthquakes and floods are not limited to occurrences in any one community or any one country. In Law and Recovery from Disaster: Hurricane Katrina, attention is focused on the ability of law and legal institutions to not only survive such disasters but to effectively facilitate recovery. Using Hurricane Katrina as a lens, contributors address a wide range of issues of interest to people concerned about property law, disaster preparedness, housing, insurance, small business recovery, land use planning and the needs of people with disabilities. While Hurricane Katrina is the focal point for discussion, the lessons learned are readily applicable to a variety of disaster situations in a wide range of global settings.

Analyzing the level of claims for clinical negligence in the light of the most recent trends and discovering whether there is indeed a litigation crisis in healthcare, this book is a topical and compelling exploration of healthcare and doctor-patient relationships.

The author:

• identifies and analyzes the growing pressures on doctors in modern society, placing their role in context
• explores some of the myths surrounding media claims about malpractice
• considers the practice of 'defensive medicine' and the difference between defensive practices and sensible risk management
• examines external pressures, such as political interference with clinical practice in the form of target-setting and what might be described as a culture of creeping privatization of healthcare.

Covering the topics of medicine and the media and the causes of occupational stress among doctors, this volume is a must read for all students of medical law and medical ethics.

An Introduction to Health and Safety Law provides a clear, concise overview of health and safety law in the United Kingdom. With reference to the European Union, this book discusses criminal and civil liability at length to provide a clear understanding of this area of law which has been subject to change over the 20 years. Key case studies and statistical information on prosecutions, fines and enforcement notices help to contextualise health and safety law to provide students and professionals with a full understanding of health and safety law in the UK. This book includes chapters on: the legal framework criminal liability enforcement of criminal liability civil liability civil remedy subordinate legislation. This book is an essential reference for students studying towards NEBOSH qualifications and students studying at university level. It provides a comprehensive understanding of UK health and safety law and will be a useful reference when entering the professional field.

Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author's empirical research, this book addresses the question: how can law influence the internal self-regulation of organisations in order to make them more responsive to occupational health and safety concerns? In this context, it is argued that Occupational Health and Safety management systems have the potential to stimulate models of self-organisation within firms in such a way as to make them self-reflective and to encourage informal self-critical reflection about their occupational health and safety performance. This book argues for a two track system of regulation under which enterprises are offered a choice between a continuation of traditional forms of regulation and the adoption of a safety management system-based approach on the other. The book concludes with a discussion of the use of criminal and administrative sanctions to provide organisations with incentives to adopt effective Occupational Health and Safety management systems. The book proposes a wider range of criminal sanctions and sentencing guidelines to ensure employers receive sentencing discounts where they have introduced effective management systems.

Occupational safety and health management theory is now rightly focused on pro-activity, risk assessment and management. But it remains important that organizations know what they need to do when accidents happen, both to comply with legislation and to extract all the information from the incident to improve their health and safety management.
"Tolley's Workplace Accident Handbook" presents in a single volume what needs to be done when an accident occurs - from emergency procedures and legal reporting requirements through to formal investigations and possible legal proceedings. In this new edition, chapters on first aid and accident investigation reports have been added and the rehabilitation chapter has been updated to cover the latest insurance industry initiatives. The Handbook also shows how to learn from the accident data gathered and how to implement recommendations into a company's health and safety management system. The text is supported by checklists, case studies and ready-to-use forms and templates.
Health and Safety practitioners in all industries will find this Handbook is packed full of practical and legal advice. It will also be of use to lawyers dealing with accident claims, insurance risk managers, emergency planning, first aid, and enforcement officers, as well as to students on health and safety and specialist accident investigation courses.
Mark Tyler is a Chartered Safety and Health Practitioner and a leading Solicitor in the area of health and safety law who has worked on numerous high profile cases such as rail crashes and legionnaires disease. His expertise is supplemented with the practical knowledge of other experts in their individual subjectareas.
* Shows how to learn from accidents and improve H&S management
* All legal requirements and processes are covered - from reporting and investigating accidents to court cases
* Includes checklists, case studies, and ready-to-use forms and templates to help put best practice in place

From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS

Gutachten erstellen - dies erfordert Wissen und den Blick uber den Tellerrand! Als Gutachter stellen Sie ihr Fachwissen und ihre Kompetenz Gerichten, Behoerden, Versicherungen und anderen Auftraggebern zur Verfugung. Hier finden Sie alles uber die Grundlagen und Besonderheiten bei der Gutachtenerstellung und profitieren von der langjahrigen Erfahrung der Autoren: Basiswissen nachlesen Rechtsgrundlagen und Aufgaben der Begutachtung Organbezogene Darstellung der Erkrankungen Kausalitaten erkennen und Systematik anwenden In jedem Kapitel enthalten: Diagnostik Krankheitsdefinition Fragen zum Zusammenhang Bewertung nach dem Sozialrecht Fragestellungen aus der Privatversicherung Hinweise zur Prognose Risikobeurteilung und Verbesserung durch Rehabilitation Praxisplus Leitlinien fur die Begutachtung Abrechnungsbeispiele und Tabellen zu Vergutungen Internetadressen NEU: Erweitert um ICF sowie Rechtsgrundlagen fur Schweiz und OEsterreich Sowohl fur jeden arztlichen Gutachter als auch fur den Auftraggeber von Gutachten als Nachschlagewerk bestens geeignet!

Commercial chemicals contribute to our social welfare, yet can pose serious problems for the environment. How do we recognise these problems? How do we manage them? How do we objectively balance environmental risks with social benefits? This book describes the principles and practices of ecological risk assessment and cost-benefit analysis, asking key but challenging questions such as what are we trying to protect? and how do we undertake a cost-benefit analysis?. It also shows how these principles are written into legislation. The emphasis is on the EU Directives and Regulations, with a chapter on the instruments and institutions involved; but this is balanced by a review of US and International policies and legislation. In conclusion, the discussion returns to the question of attempting to balance risks with benefits, particularly in the context of the development of sustainable and globally practicable chemical control policies. The text is supplemented by a glossary that defines the inevitably large number of abbreviations and acronyms used by environmental policy-makers and regulators. The book is intended for all those who have an interest in industrial chemicals, but who need an overview of pollution and pollution control issues. It will provide an excellent reference tool for undergraduates in Environmental Science, and Policy-Makers and Environmental Consultants in the areas of ecology, ecotoxicology and risk assessment.

This volume is an inspiring and breakthrough piece of academic scholarship and the first of its kind featuring a comprehensive reader-friendly approach to teach the intricacies of the various aspects of international farm animal, wildlife conservation, food safety and environmental protection law. The selected focus areas are grouped in sections, such as agrobiodiversity, fishing and aquaculture, pollinators and pesticides, soil management, industrial animal production and transportation, and international food trade. Farm animal welfare, environmental protection, biodiversity conservation, and food safety are the core of the selected chapters. Every chapter provides real-world examples to make the complex field easy to understand. With its systematic approach, this book is devoted to anyone interested in the subject, becomes a valuable resource for professionals working in food regulation, and provides a solid foundation for courses and master's programs in animal law, environmental policy, food and agriculture law, and regulation of these subjects around the world. Through its emphasis on sustainable food production, this work offers a cutting-edge selection of evolving topics at the heart of the pertinent discourse. As one of its highlights, this books also provides "Tools for Change," a unique compilation and analysis of laws from the major farm animal product trading nations. With these tools, practitioners, advocates, policy makers and other state-holders are equipped with information to start work toward improving farm animal welfare, wildlife conservation, and food safety through the use of law and policy.

In the spring of 2000, the Israel Medical Association called a doctors' strike in all hospitals and HMO-type clinics in Israel. After being on strike for over ten weeks, the parties entered mediation under the auspices of the Israeli government. This book recounts the mediation process. It includes rich and colorful descriptions of the participants, the dispute and its history, and provides insightful analyses of milestones in the mediation process. Various themes typical of public policy dispute mediations are highlighted and analyzed, including: media coverage; politicians; who sits at the negotiation table; lawyers; the mindset of the mediator; and confidentiality. This case study will provide guidance and insights to disputants, lawyers, negotiators, mediators, ADR practitioners and researchers, and government officials. The study can also be used as a classroom text for classes in industrial relations, health care, government, communications, law, and economics.

This book explores the theoretical basis of precontractual liability for the unilateral breaking-off of negotiations from a comparative perspective. It argues that, in the selected civil law jurisdictions (Germany, France and Chile), the true basis of this liability is the notion of 'reliance' and it distinguishes two dimensions of reliance: 'trust-based' and 'expectation-based'. For the selected civil law jurisdictions it can be observed that trust-based reliance merges with the general principle of good faith and that the expectation dimension emanates from the trust-dimension. Therefore, Reliance in the Breaking-Off of Contractual Negotiations argues that this innovative theoretical approach to the foundations of precontractual liability could have important practical consequences in jurisdictions that do not embrace a general principle of good faith, such as English law. If the analysis is shifted from good faith to the notion of reliance, English law could develop a less fragmented approach and encompass cases that are currently devoid of protection. How legal changes could be implemented without establishing a general principle of precontractual liability is explored in the final chapter of the book. In a constantly evolving world where international trade is ever-growing, precontractual liability, particularly for breaking off negotiations, is a topic of constant development by legal scholars and the judiciary and of increasing importance for practitioners, judges and academics, with significant consequences for negotiating contracts both at a national and at a transnational level.

For caregivers of deeply forgetful people: a book that combines new ethics guidelines with an innovative program on how to communicate and connect with people with Alzheimer's. How do we approach a "deeply forgetful" loved one so as to notice and affirm their continuing self-identity? For three decades, Stephen G. Post has worked around the world encouraging caregivers to become more aware of-and find renewed hope in-surprising expressions of selfhood despite the challenges of cognitive decline. In this book, Post offers new perspectives on the worth and dignity of people with Alzheimer's and related disorders despite the negative influence of "hypercognitive" values that place an ethically unacceptable emphasis on human dignity as based on linear rationality and strength of memory. This bias, Post argues, is responsible for the abusive exclusion of this population from our shared humanity. With vignettes and narratives, he argues for a deeper dignity grounded in consciousness, emotional presence, creativity, interdependence, music, and a self that is not "gone" but "differently abled." Post covers key practical topics such as: * understanding the experience of dementia * noticing subtle expressions of continuing selfhood, including "paradoxical lucidity" * perspectives on ethical quandaries from diagnosis to terminal care and everything in between, as gleaned from the voices of caregivers * how to communicate optimally and use language effectively * the value of art, poetry, symbols, personalized music, and nature in revealing self-identity * the value of trained "dementia companion" dogs At a time when medical advances to cure these conditions are still out of reach and the most recent drugs have shown limited effectiveness, Post argues that focusing discussion and resources on the relational dignity of these individuals and the respite needs of their caregivers is vital. Grounding ethics on the equal worth of all conscious human beings, he provides a cautionary perspective on preemptive assisted suicide based on cases that he has witnessed. He affirms vulnerability and interdependence as the core of the human condition and celebrates caregivers as advocates seeking social and economic justice in an American system where they and their loved ones receive only leftover scraps. Racially inclusive and grounded in diversity, Dignity for Deeply Forgetful People also includes a workshop appendix focused on communication and connection, "A Caregiver Resilience Program," by Rev. Dr. Jade C. Angelica.