How dangerous is someone's job? People from ages 22 through 64 spend roughly 40% of their non-sleeping time at a job where there is considerable potential for exposure to fatal safety and health risks. The purpose of this book is to improve the knowledge and working environment of American workers, by providing an in-depth look at the job hazards in 324 industries and 265 occupations. Human Resource managers, industry trade organizations, corporate CEOs, health care administrators, secondary school counselors, as well as, scholars and upper level college and graduate students in the areas of Human Resources, Management, Health Care Management, Law and Social Environment will find this work extremely useful.

In this intriguing volume, Merrie G. Klapp explains how regulatory decisions in such crucial areas as public health, technological safety, and environmental quality are molded and recast. She finds that scientific uncertainty is a key factor, with agencies, interest groups, Congress, and the courts attempting to shift responsibility of proof or varying the standard of proof according to the pressures brought to bear on the issue. In general, Professor Klapp finds that when citizens or industrialists organize to protest a regulatory decision and when the legislature or the courts take scientific uncertainty into account, then the initial regulatory decision is changed.

By contrast with the United States, where scientific uncertainty is used as a public resource and rationale for change, in France and Britain scientific uncertainty is treated as a private resource. French and British scientists do not treat regulatory decisions as opportunities to reveal scientific uncertainty to the public--instead, discussions of uncertainties are held behind closed doors and, when reports are made to the public about regulatory decisions, scientific information is presented as if it were certain. Bargaining with Uncertainty will be a provocative analysis to those scholars and researchers concerned with the making of public policy as well as those concerned with risk assessment in public health, the environment, and technology.

Kapp's annotated list of 617 titles, in 13 sections, focuses on sources that discuss the `identifiable body of law concerned with personal and institutional relationships, implicated by the delivery of health care for the elderly.' This work is meant for health professionals, attorneys, researchers, educators, and advanced students. The succinct yet informative annotations cover references from January 1, 1980, to August 31, 1987. . . . Highly recommended. Choice Legal questions relating to health care for the elderly have grown increasingly numerous and complex. While these issues have been dealt with extensively by researchers and professional specialists, the literature has grown so vast in the past decade that it is difficult to keep abreast of legal developments. This bibliography is designed to assist practicing health, human services, and legal professionals as well as researchers, teachers, and students in identifying and evaluating information sources that will provide essential guidance on the legal implications of health care for the elderly. Organized in thirteen subject sections, the volume contains more than six-hundred annotated references dealing with institutional regulations and standards of care, disability determinations, decisionmaking for critically ill patients, involuntary commitment, advocacy services for the older health care consumer, and many other topics. Citations consist of books, book chapters, journal articles, and reports published from 1980 onwards. Entries are cross-referenced systematically, and author and subject indexes are provided. This important new reference will be an invaluable working tool for professionals and students who need to understand and deal with some of the most difficult issues in the field of modern health care.

Canada has become the first G7 country to legalize cannabis, and the world is watching. The primary concern facing the Liberal government as it seeks to fulfill its 2015 campaign promise to "legalize, regulate, and restrict access to marijuana" is whether it can be done without making the situation worse. As the Liberal platform pointed out, the current regime lets illegal cannabis fall into the hands of minors, pours large profits into organized crime, and traps many people in the criminal justice system for what is arguably a victimless crime. While the legalization of marijuana in Canada begins with a straightforward change of the criminal code, its ramifications go far beyond this. Legalization will have a serious impact on the country's international treaty commitments, interprovincial relations, taxation and regulatory regimes, and social and health policies. The essays in this book address these outcomes from three main perspectives: the decades-long political path to legalization; the assumptions that underwrite the new policy, in particular the desire to stamp out the black market; and how legalization in Canada looks in an international context. Bringing together analysis by policy makers and scholars, including the architect of marijuana legislation in Portugal - a trailblazing jurisdiction - High Time provides an urgent and necessary overview of Canada's Cannabis Act.

Accidents involving buses and trucks are about 50 per cent more likely to result in death or serious injury as a consequence of the large mass and volume of the vehicles involved. Such accidents should be prevented as much as possible. It needs thus to be ensured that professional drivers do not drive excessive hours and cause accidents due to fatigue.The AETR Agreement is the response of European Governments to fight this silent killer - "Driver fatigue". The AETR Agreement aims to prevent drivers and crews of commercial vehicles of more than 3.5 tons, or transporting more than 9 people, engaged in international road transport, from driving excessive hours. It also defines the control devices (tachographs), sets technical requirements for the construction, testing, installation and inspection of these devices and for checking driving hours by enforcement authorities.The AETR Road Map for Accession and Implementation explains the AETR Agreement, in particular it provides steps for countries on how to introduce the digital tachograph in their international and domestic transport.

The landmark decision R. v. Morgentaler (1988) struck down Canada's abortion law and is widely believed to have established a right to abortion, but its actual impact is much less decisive. In After Morgentaler, Rachael Johnstone examines the state of abortion access in Canada today and argues that substantive access is essential to full citizenship for women. Using case studies, Johnstone assesses the role of both state and non-state actors in shaping access. This book affirms the need to recognize abortion as an issue fundamentally tied to women's equality, while stressing the utility of rights claims to improve access.

There is an understandable tendency or desire to attribute blame when patients are harmed by their own healthcare. However, many cases of iatrogenic harm involve little or no moral culpability. Even when blame is justified, an undue focus on one individual often deflects attention from other important factors within the inherent complexity of modern healthcare. This revised second edition advocates a rethinking of accountability in healthcare based on science, the principles of a just culture, and novel therapeutic legal processes. Updated to include many recent relevant events, including the Keystone Project in the USA and the Mid Staffordshire scandal in the UK, this book considers how the concepts of a just culture have been successfully implemented so far, and makes recommendations for best practice. This book will be of interest to anyone concerned with patient safety, medical law and the regulation of healthcare.

The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct. Utilising criminal law may promote or hinder public health goals, and its use raises a number of complex questions that merit exploration. This examination of the interface between criminal law and public health brings together international experts from a variety of disciplines, including law, criminology, public health, philosophy and health policy, in order to examine the theoretical and practical implications of using criminal law to improve public health.

John Coggon argues that the important question for analysts in the fields of public health law and ethics is 'what makes health public?' He offers a conceptual and analytic scrutiny of the salient issues raised by this question, outlines the concepts entailed in, or denoted by, the term 'public health' and argues why and how normative analyses in public health are inquiries in political theory. The arguments expose and explain the political claims inherent in key works in public health ethics. Coggon then develops and defends a particular understanding of political liberalism, describing its implications for critical study of public health policies and practices. Covering important works from legal, moral, and political theory, public health, public health law and ethics, and bioethics, this is a foundational text for scholars, practitioners and policy bodies interested in freedoms, rights and responsibilities relating to health.

That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations. In Retaking Rationality, Richard L. Revesz and Michael A. Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of federal regulations. As a result of this vacuum, industry groups have captured cost-benefit analysis and used it to further their anti-regulatory ends. Beginning in 1981, the federal Office of Management and Budget and the federal courts have used cost-benefit analysis extensively to determine which environmental, health, and safety regulations are approved and which are sent back to the drawing board. The resulting imbalance in political participation has profoundly affected the nation's regulatory and legal landscape. But Revesz and Livermore contend that economic analysis of regulations is necessary and that it needn't conflict with-and can in fact support-a more compassionate approach to environmental policy. Indeed, they show that we cannot give up on rationality if we truly want to protect our natural environment. Retaking Rationality makes clear that by embracing and reforming cost-benefit analysis, and by joining reason and compassion, progressive groups can help enact strong environmental and public health regulation.

As new medical technologies and treatments develop with increasing momentum, the legal and ethical implications of medicine are being called into question as never before. Martin Levine's collection brings together the seminal papers written on the nexus between mental illness, its treatment and its relationship to the law. The volume also provides an informative introduction, summarizing the area and the relevance of the articles chosen.

Die Anforderung im medizinischen Alltag rechtlich relevante Sachverhalte, etwa nach Gewalt im hauslichen Umfeld zu erkennen und zeitgemass richtig zu handeln ist in den letzten Jahren stark gestiegen. Es sind in der Regel klinisch tatige Arzte, Angehorige der Pflegeberufe und nichtmedizinische Laien wie Polizeibeamte und Mitarbeiter von Opferschutzeinrichtungen, die als erste mit Opfern in Kontakt treten und so einen wesentlichen Anteil an der Erkennung sowie an Verlauf und Ausgang der interdisziplinaren Betreuung haben.

Die Herausgeber, klinisch-forensisch erfahrene Rechtsmediziner, legen mit diesem Buch gemeinsam mit einem interdisziplinaren Autoren-Team einen umfassenden Praxisleitfaden fur Arzte aller Fachrichtungen, Pflegeberufe sowie andere Berufsgruppen mit Kontakt zu Betroffenen vor.

Der Praxisleitfaden beleuchtet unter anderem die Themenkomplexe Gewalt gegen Kinder, Erwachsene und altere Personen, Sexualdelikte, Dokumentation und Beweismittelsicherung, Bildgebende Verfahren, Toxikologie, Selbstbeschadigung sowie zahlreiche weitere klinisch-forensisch relevante Aspekte."

It is widely recognized that health is influenced by a variety of social, economic and environmental factors, and not just by access to health care. The extensive empirical literature on the social determinants of- and inequalities in- health has yet to be matched by an appreciation of the normative underpinnings of health equity. Health equity expresses a commitment of public health to social justice, which raises a series of ethical issues. Why, if at all, should a concern with health equity be singled out from the pursuit of social justice in general? What is the extent of social-as opposed to individual-responsibility for health? What ethical problems arise in evaluating population health and health inequalities? How sensitive should the pursuit of health equity be to contextual considerations in contrast to universal values? In addressing these important questions, this volume examines the foundations of health equity. With contributions from distinguished philosophers, anthropologists, economists, and public-health specialists, it centres on five major themes: what is health equity?; health equity and its relation to social justice; health inequalities and responsibilities for health; ethical issues in health evaluation and prioritization; and anthropological perspectives on health equity.

In the last fifty years, average overall health status has increased more or less in parallel with a much celebrated decline in mortality, attributed mostly to poverty reduction, sanitation, nutrition, housing, immunization, and improved medical care. It is becoming increasingly clear, however, that these achievements were not equally distributed. In most countries, while some social groups have benefited significantly, the situation of others has stagnated or may even have worsened. If health is a prerequisite to a person functioning as an agent, inequalities in health constitute inequalities in people's capability to function - a denial of equality of opportunity. So why should a concern with health equity be singled out from the pursuit of social justice more generally? Can existing theories of justice provide an adequate account of health equity? And what ethical problems arise in evaluating health inequalities? These are some of the important questions that this book addresses in building an interdisciplinary understanding of health equity. With contributions from distinguished philosophers, anthropologists, economists, and public-health specialists, it centres on five major themes: what is health equity?; health equity and social justice; responsibilities for health; ethical issues in health evaluation; and anthropological perspectives.

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.

In almost all legal disputing, formalities are employed as a last resort. This book presents a new theory of decision-making, exploring the conditions under which prosecution is employed to handle troublesome occupational health and safety problems. This book is for those interested in law, regulation, socio-legal studies, criminal justice, sociology, and political science.

An international team of eighteen doctors, philosophers, and lawyers present a fresh and thorough discussion of the ethical, legal, and social issues raised by testing and screening for HIV and AIDS. They aim to point the way to practical advances but also to give an accessible guide for those new to the debate.

Many government bodies relate to each other through 'contracts', but these contracts are not, in general, regulated or enforced by the law. Drawing on the results of a case-study of NHS contracts, this book identifies significant problems faced by the parties to internal government contracts, many of which stem from the lack of legal regulation. The book uses a novel public law analysis to suggest ways of making internal contracts work more fairly and effectively.

Asbestos was once known as the 'magic mineral' because of its ability to withstand flames. Yet since the 1960s, it has become a notorious and feared 'killer dust' that is responsible for thousands of deaths and an epidemic that continues into the new millennium. This is the first comprehensive history of the UK asbestos health problem, which provides an in-depth look at the occupational health experience of one of the world's leading asbestos companies -- British asbestos giant, Turner and Newall.

Voluntary Euthanasia investigates the complex and controversial issue of active voluntary euthanasia, presenting the legal position in a clear, comprehensive fashion. It critically examines the criminal law prohibition of medically administered active voluntary euthanasia in common law jurisdictions and looks at the situation in practice. The evidence of patient demands for active euthanasia and the willingness of some doctors to respond to patients requests is explored, and an argument for reform of the law is made with reference to the position in the Netherlands where active voluntary euthanasia is now openly practised.

This book deals with the following important legal questions related to childbirth. When a woman is pregnant, does the law have any part to play in protecting the fetus from harm? Should it intervene, for example, if she is taking illegal drugs or has, at the time of delivery, declined to accept medical advice? And how does---and should---the law respond when something goes wrong and the baby is born injured or disabled? Do damages claims provide outcomes, which are fair to the woman, her child, and the doctors, and midwives who have cared for them?

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.

The late-20th century has witnessed dramatic technological developments in biomedical science and the delivery of health care, and these developments have brought with them important social changes. All too often ethical analysis has lagged behind these changes. The purpose of the "Issues in Biomedical Ethics" series is to provide lively, up-to-date, and authoritative studies for the increasingly large and diverse readership concerned with issues in biomedical ethics - not just health care trainees and professionals, but also social scientists, philosophers, lawyers, social workers and legislators. The focus of this volume is the testing and screening for HIV and AIDS which gives rise to ethical, legal and social issues of the most controversial and delicate kind. An international team of 18 doctors, philosophers and lawyers present a fresh and thorough discussion of these issues; they aim to show the way to practical advances but also to give an accessible guide to the debates for readers new to them. The contributors pay particular attention to the sensitive nature of the information yielded by a test for HIV antibody. They consider such questions as these: Are we under an obliga

American law, not philosophy or medicine, is the major force shaping American bioethics. This is both because law at its best fosters individual rights, equality, and justice, and because violation of the legal duty or "standard of care" a physician owes a patient can lead to a malpractice suit. The law has therefore had two conflicting impacts on medical ethics: the positive effect of eroding paternalism and replacing it with a patient-centered ethic; and the negative effect of encouraging physicians to be more concerned with avoiding litigation than doing the "right" thing.
Standard of Care explores the fundamental value conflicts confronting medicine and society by examining courtroom resolutions of real bioethical disputes, often of constitutional dimension. This case-based approach, which ranges from abortion to euthanasia, from AIDS to organ transplantation, from genetic research to the artificial heart and rationing, illuminates the value choices with which the power (and impotence) of medicine confronts us. George Annas urges health care professionals to go beyond the minimalist legal "standard of care" by promoting a vigorous, patient-centered medical ethics based on respect for human rights and responsibility to both patients and society. If modern medicine is to enhance human life, a reconceptualization of law as the beginning of ethical discourse, rather than as an instrument to end it, is essential. Such a discourse could enrich all our lives by helping us to articulate both a national and international agenda for human rights in health.