Criminal liability in OSH - 106 entries found
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WCB blasters' handbook
Intended as a study guide for persons who wish to be examined for a Workers' Compensation Board blasting certificate, this manual also serves as a source of reference for those already working in industry. Chapters cover topics such as: theory and classification of explosives; initiating devices and accessories; priming the charge; disposal of explosive materials; legal responsibilities; handling, transportation and storage of explosive materials; control of the blasting area; and initiation systems. Glossary.
Workers' Compensation Board of British Columbia, 6951 Westminster Highway, Richmond, British Columbia V7C 1C6, Canada, 1990. 237p. Illus.
Product-life: from design to disposal
Proceedings of an international conference on industrial risk management, held in Zurich, Switzerland, 16-17 January 1989. Papers focus on an approach to risk assessment and management based on knowledge about a product throughout its entire life. Papers include: design of "user-friendly" plants; bridging engineering gaps; prediction and control of risks; comparative product-life-cycle confrontation of risks; liability and compensation; complexity, safety and reliability of the car; residual risk and its distribution in the project life cycle. Case studies from different industries illustrate applications of this concept in current safety management situations.
Journal of Occupational Accidents, Sep. 1990, Vol.13, No.1-2, Special Issue, 178p. Illus. Bibl. ref.
Cahill L.B., Kane R.W.
This manual provides guidance on conducting an environmental audit as a means of ensuring compliance with environmental regulations and to identify any environmental management deficiencies. Topics covered include: government policy and legal issues; elements of a successful programme; review of some typical programmes; training of auditors; information management; programme management; pre-audit and on-site activities; typical problems faced by auditors; report writing and follow-up; special audits (property transfer audits, waste contractor audits, management audits and international audits).
Government Institutes Inc., 4 Research Place, Suite 200, Rockville, Maryland 20850, USA, 6th ed., 1989. xiv, 559p. Illus. Bibl.ref.
Peters G.S., Peters B.J.
Asbestos disease update
Update to the Sourcebook on Asbestos Diseases (see CIS 82-59 and 89-608). Articles cover: the range of medical abnormalities resulting from asbestos exposure; the analysis and meaning of asbestos burden in lung tissue and fluids; early diagnosis of malignant mesothelioma; medical surveillance after asbestos exposure; criminal liability of contractors, engineers and building owners regarding asbestos projects; multidisciplinary approach for the management of asbestos materials; inspection for asbestos in buildings; site-specific specifications for asbestos abatement projects.
Garland Law Publishing, 136 Madison Avenue, New York, NY 10016, USA, Mar. 1989. ix, 377p. Illus. Bibl.ref.
Topics covered in this handbook are: an overview of the US Occupational Safety and Health Act; an explanation of OSHA standards and associated procedures; an explanation of the General Duty Clause within the Act to cover circumstances where no applicable standards are available; record-keeping and discrimination complaints; employer compliance; citations, penalties and the judicial procedure; hazard communication and employee's right to know; civil and criminal liabilities and remedies. An appendix provides forms, practices and programmes for use by employers subject to OSHA regulation.
Government Institutes Inc., 966 Hungerford Drive, No.24, Rockville, Maryland 20850, USA, Apr. 1988. 270p. Price: USD 79.00
Grif B.V., Gorčakov S.P.
Occupational safety and health in the coal mining industry
Ohrana truda v ugol'noj promyšlennosti [in Russian]
Contents of this training manual, intended for mining technical school students: general aspects (fundamentals of labour legislation in the USSR; forms and methods of work organisation in undertakings; occupational injuries, etc.); mining safety (general measures; mining operations; blasting; ventilation, dust and gas conditions; mine transport and lifting equipment operation; electrical equipment operation; operating coal-getting, transport and other machinery; compressor plant operation; preventing mine workings inundation); occupational hygiene and sanitation (welfare facilities and medical services; controlling dust as an occupational hazard; protection against workplace noise and vibration; requirements for mine workings lighting); basic principles of fire prevention and mine rescue (mine fire safety; mine surface fire protection; fire protection of underground facilities; fire fighting methods and equipment; mine rescue organisation; mine accident control planning). In an appendix: description of unified signs for coal and shale mines (illustrated inside front and back covers).
Izdatel'stvo Nedra, pl. Belorusskogo vokzala 3, 125047 Moskva, USSR, 1988. 351p. Illus. 12 ref. Price: SUR 0.95.
Produzentenhaftung [in German]
Product liability in the Federal Republic of Germany is determined by contract terms and by rules put forth in section 823, paragraphs 1 and 2 of the Civil Code. Paragraph 1 addresses avoidance of faulty construction and production and hazard identification. Paragraph 2 deals with liability arising from violation of other laws on safety. The scope of product liability as determined by present legislation is outlined.
Die Industrie der Steine und Erden, 1988, Vol.98, No.3, p.78-83.
How to manage workplace derived hazards and avoid liability
This multidisciplinary book was written to help prevent the occurrence of workplace-derived catastrophe, injury, and illness. Contents: scientific aspects of the recognition, evaluation, and control of workplace-derived hazards; guide to the complex maze of legal concepts relating to workplace-derived liability; guide to the creation of Technical-Legal-Management Teams for the systematic control of injury, illness, and liability.
Noyes Data Corporation, Publicity Department, Mill Road at Grand Avenue, Park Ridge, NJ 07656, USA, 1987. 335p. Price: USD 48.00.
European Foundation for the Improvement of Living and Working Conditions
The law relating to transport of dangerous wastes [United Kingdom]
Detailed analysis of British legislation concerning the transport of non-nuclear toxic or dangerous waste. Contents: definition of dangerous materials; summary of obligations imposed on producers and carriers of hazardous waste, and on those who dispose of such materials; planning permission for hazardous development; special provisions relating to transport by rail, road and sea; liability in contract and in tort law.
Office for Official Publications of the European Communities, 2985 Luxembourg, Grand Duchy of Luxembourg, 1987. 97p. Bibl. Price: ECU 8.10, BEF 350.00, GBP 5.90, IEP 6.30, USD 9.00.
van Veen F.
European Foundation for the Improvement of Living and Working Conditions
The law relating to transport of dangerous wastes [Netherlands]
Contents of this survey of Dutch legislation concerning the transport of hazardous goods, substances and wastes: annotated list of all laws and regulations in the Netherlands; legal criteria for determining the scope of laws and regulations; classification; legal obligations on producers and carriers and on those who dispose of harmful waste; legal and administrative provisions applicable to means of transport, loading and unloading, accidents, notification forms, documents accompanying shipments and tasks to be performed by public authorities; special provisions on transfrontier shipments; systems of liability (civil and criminal); assessment of existing legal arrangements. Sample declaration forms (in Dutch) are given in the appendix.
Office for Official Publications of the European Communities, 2985 Luxembourg, Grand Duchy of Luxembourg, 1987. 121p. Price: ECU 10.50, BEF 450.00, NLG 25.00.
Conetti G., Corbino M.L., Guglielmucci L.
European Foundation for the Improvement of Living and Working Conditions
The law relating to transport of dangerous wastes [Italy]
Normativa relativa al trasporto dei detriti pericolosi [in Italian]
Detailed analysis of Italian legislation, covering: inventory of laws and regulations of the field (transport by road, rail, sea and internal waterways); jurisdictional criteria for the application of laws and regulations; classification of dangerous goods, substances and waste; legal obligations of producers and carriers of hazardous wastes and of those who dispose of such substances; legal and administrative measures concerning means of transport, loading and unloading, dangerous incidents, notification and other official forms, the activities of public authorities and transborder shipping; civil and criminal responsibility; evaluation of present-day legislation. In the appendix: full text of relevant pieces of legislation - Law No.915 or 10 Sep. 1982 concerning the implementation of CEC directives 75/442 on wastes, 76/403 on the elimination of PCBs and polychloroterphenyls and 78/319 on toxic and dangerous wastes; Ordinance of the Interministerial Committee of 13 Sep. 1984 concerning the elimination of waste (containing, among others, a list of maximum allowable concentrations); and Regional Law of 5 Apr. 1985 of the Autonomous Region of Friuli-Venezia Giulia concerning the elimination of wastes.
Office for Official Publications of the European Communities, 2985 Luxembourg, Grand Duchy of Luxembourg, 1987. 135p. 26 ref. Price: ECU 11.60, BEF 500.00, ITL 16,700.
Lynch M., Scannel Y.
European Foundation for the Improvement of Living and Working Conditions
The law relating to transport of dangerous wastes [Ireland]
This survey of Irish legislation concerning the transport of hazardous goods, substances and waste consists of 3 main chapters (road transport, rail transport, sea transport), each covering: list of relevant laws and regulations; classification of hazardous substances; legal and administrative provisions; specific provisions regarding transfrontier shipment; civil and criminal liability; assessment of legal arrangements. A short chapter is also devoted to inland waterway transport.
Office for Official Publications of the European Communities, 2985 Luxembourg, Grand Duchy of Luxembourg, 1987. 58p. Price: ECU 7.00, BEF 300.00, GBP 5.10, IEP 5.40, USD 8.00.
Gomard B., Skovby L.
European Foundation for the Improvement of Living and Working Conditions
The law relating to transport of dangerous wastes [Denmark]
Lovgivning vedrørende transport af farligt affald [in Danish]
Survey of Danish legislation concerning the transport of dangerous wastes. Contents: safety rules; criminal and civil liability; preventive measures; insurance. In the appendix, we find the full text of: The "Baltic Sea" Convention of 1980 concerning the transport of dangerous goods; NSAB document No.85 concerning the shipping of dangerous goods within the Nordic countries; sample forms for the declaration and certification of dangerous goods being transported; sample materials safety data sheets; list of relevant Danish laws.
Office for Official Publications of the European Communities, 2985 Luxembourg, Grand Duchy of Luxembourg, 1987. 137p. 22 ref. Prix: ECU 10.50, BEF 450.00, DKK 82.00.
European Foundation for the Improvement of Living and Working Conditions
The law relating to transport of dangerous wastes [Federal Republic of Germany]
Die gesetzlichen Bestimmungen über den Transport gefährlicher Abfälle [in German]
This survey of legislation in the Federal Republic of Germany concerning the transport of dangerous goods and wastes covers: annotated list of relevant laws and regulations; classification of dangerous goods and wastes; obligations of producers and carriers; legal and administrative provisions; provisions concerning transborder shipping; civil and criminal liability.
Office for Official Publications of the European Communities, 2985 Luxembourg, Grand Duchy of Luxembourg, 1987. 88p. Price: ECU 8.10, BEF 350.00, DEM 17.00.
European Foundation for the Improvement of Living and Working Conditions
The law relating to transport of dangerous wastes [Belgium]
La législation sur le transport des déchets dangereux [Belgique] [in French]
Commented survey of Belgian legislation on the transport of dangerous wastes. Contents: inventory of laws and regulations; obligations of producers and carriers; rules on circulation, loading and unloading, accidents, transport documents; tasks of government agencies; special rules on transborder shipping; legal responsibilities (civil and criminal). In the appendix: list of international conventions signed by Belgium; sample document forms.
Office for Official Publications of the European Communities, 2985 Luxembourg, Grand Duchy of Luxembourg, 1987. 121p. Price: ECU 9.30, BEF 400.00, FRF 64.00.
Sánchez Cervera y Senra S.
Analysis of the legal responsibilities involved in occupational safety and health
Análisis de las responsabilidades legales exigibles, en materia de seguridad e higiene en el trabajo [in Spanish]
The 2-part article covers the various aspects of legal responsibility in OSH matters in Spain. Contents: Part 1 - Legal texts; Considerations of the concept of responsibility (types, subjects and bases of responsibility). Part II - Administrative responsibility (those of agencies of the Ministry of Labour and Social Security, and those of other specialised bodies); civil liability; criminal responsibility; compatibility among responsibilities.
Prevención, Apr.-JUne 1985, No.92, p.47-53; July-Aug. 1985, No.93, p.46-52.
Criminal charges on the rise for workplace injuries, deaths
In the light of the murder convictions in 1985 of 3 Chicago-area executives for the workplace death of an employee, other pending criminal charges for 1986 and past similar cases in the USA are discussed. The perceived trend is that this type of conviction will increase over the years.
Occupational Hazards, Dec. 1985, Vol.47, No.12, p.49-53. Illus.
Worker injuries - Applications of criminal liability
The criminal liability of safety specialists in the event of disasters or workplace injuries or fatalities is evaluated and illustrated with examples of lawsuit cases. The pertinent US regulations are reviewed and guidelines are given for safety professionals facing court actions against them.
Professional Safety, Sep. 1985, Vol.30, No.9, p.34-38. 7 ref.
Workplace murder conviction may spur similar prosecutions
Brief comments by a number of lawyers on the consequences of the recent murder conviction of 3 managers who allowed an employee to be exposed to fatal levels of cyanide. The case has certain parallels with the Minamata incident in Japan: in the 1970s, managers of a Japanese vinyl chloride plant were convicted of manslaughter for polluting local waters with mercury compounds that poisoned many people.
Chemical and Engineering News, July 8, 1985, Vol.63, No.27, p.24-25.
Unsafe workplace: managers found guilty of murder
Three managers of a silver-recovery firm were convicted of murder in the state of Illinois, USA. The 3 were held to be guilty of reckless conduct in allowing exposure of their employees to cyanide. One of the employees died as a result of the exposure. Opinion is divided on the value of the case in setting legal precedents and in encouraging the maintenance of safe working conditions. The defendants will probably appeal the decision.
Chemical and Engineering News, June 24, 1985, Vol.63, No.25, p.6-7.
What are the obligations of employers and workers in the area of occupational safety and what sanctions can be applied to them in case of negligence?
Welche Pflichten haben Arbeitgeber und Arbeitnehmer auf dem Gebiet der Arbeitssicherheit, und mit welchen Sanktionen müssen sie rechnen, wenn sie diesen Pflichten zuwiderhandeln? [in German]
Obblighi dei datori di lavoro e dei lavoratori in materia di sicurezza sul lavoro e sanzioni previste per chi li trasgredisce [in Italian]
Quelles sont les obligations des employeurs et des travailleurs dans le domaine de la sécurité au travail et à quelles sanctions s'exposent-ils en cas de faute? [in French]
This booklet summarises the obligations of employers and workers (whether or not in position of responsibility) as established by the Swiss Federal law on accident insurance (LAA) of 1984 and by the Ordinance on the prevention of occupational accidents and diseases (OPA) of 1983. Description of sanctions for negligence, whether imposed by administrative law or by the penal code.
Cahiers suisses de la sécurité du travail, Caisse nationale suisse d'assurance en cas d'accidents, 6002 Lucerne, Switzerland. Apr. 1985. 6p.
Basic principles and characteristics of safety laws
Basisprincipes en karakteristiken van veiligheidswetten [in Dutch]
Problems connected with safety legislation are enumerated: the intensity of legal interference must be adapted to the risk level, so that legislation is neither insufficient nor excessive; legislators and judges have no technical knowledge; the legislative process is slow compared to rapid changes in science and technology. Because of this, it is useful to have references to a set of rules. The problem of applying penal sanctions for the transgression of safety regulations is also discussed. An alternative suggestion is described, by which civil liability and a scale of social costs due to the damage caused are used to optimise safety levels.
De veiligheid, Feb. 1984, Vol.60, No.2, p.53-56.
Some reflections on legal liability as a factor in the promotion of occupational safety and health
Quelques réflexions sur la responsabilité juridique, facteur de sécurité et d'hygiène du travail [in French]
This article deals with the repercussions of civil and penal liability on prevention and compensation. The duties of employers and workers are examined, as are the deterrent effect of civil action, the role of damages in replacing or complementing social security benefits, and the efficacy of penal sanctions. Conclusion: intervention of the labour inspectorate, qualified to impose remedial orders and the like, in addition to social security contributions reflecting accident rates, may have greater impact than imposition of penalties, so that the more repressive measures can be confined to the worst offenders.
International Labour Review - Revue internationale du Travail - Revista internacional del trabajo, July-Aug. 1982, Vol.121, No.4, 387-398. 30 ref.
Deterrence and compensation - Legal liability in occupational safety and health
This study examines the manner in which penal and civil liability contribute to the prevention of occupational accidents and diseases and to the compensation of their victims. The law and practice of countries with different legal systems with respect to the civil and criminal liability of manufacturers, suppliers, employers, supervisors and workers is surveyed. Contents include: employers' and workers' duties in respect of safety and health; enforcement of these duties; consequences of occupational accidents or diseases; the role of insurance.
International Labour Office, 1211 Genève 22, Switzerland, 1982. 76p. 18 ref. Price: SF.17.50.
L'Epée P., Lazarini H.J., Doignon J.
Responsibilities of industrial physicians
Les responsabilités du médecin du travail [in French]
Contents of this manual which refers frequently to French legislation and court decisions: overall study of medical responsibility; patient's consent to treatment; aspects of the practioner's liability in civil law; independence of the plant physician; employer's liability in civil law and third-party liability; the physician's responsibility towards the workers; legal aspects of occupational accidents; criminal liability; unjustified lawsuits; responsibility as regards medical ethics. Subject index.
Editions Masson, 120 boulevard Saint-Germain, 75280 Paris Cedex 06, France, 4th quarter 1980. 98p.
Personal protective equipment: supply, compulsory use, and workers' right of codecision
Persönliche Schutzausrüstung: Bereitstellung, Trageverpflichtung und Mitbestimmung [in German]
Review of the legal situation in the Federal Republic of Germany, employer's duty to supply personal protective equipment (however, the supply of this equipment does not absolve the employer from his duty to introduce primary OSH measures, e.g. health and safety engineering); financial liability; workers' duty to wear such equipment, and their personal responsibility for its care and upkeep; enforcement of laws and regulations in this field; penalties and civil-law liability in cases of non-observance; worker delegates' rights to participate in decision-making.
Fortschrittliche Betriebsführung und Industrial Engineering, 1980, Vol.29, No.2, p.135-137.
The plant physician's third-party liability
Auch der Betriebsarzt haftet [in German]
Situation of plant physicians in the Federal Republic of Germany as regards their legal liability and their protection in this respect by insurance carriers. In cases where the occurrence of an occupational disease is alleged to be due to the plant physician's negligence, the competent Mutual Industrial Accident Insurance Association (Berufsgenossenschaft) must first of all assume responsibility for paying compensation and/or sickness benefit in respect of a recognised occupational disease giving entitlement to benefit. The Assocation is obliged by the terms of the Insurance Code to sue the plant physicians in turn for the amounts thus disbursed. In such cases the plant physician is not protected by his employer company's general third-party insurance policy and may be ordered by the court to pay damages and costs out of his own pocket. Many insurance carriers express their dissatisfaction with this type of insurance contract.
Ergo-Med, 1979, No.6, p.6-7.
Safety and health: An inspectorate, what for?
Sécurité et hygiène du travail: un service d'inspection, pour quoi faire ? [in French]
Papers presented at the Belgian International Congress for the Promotion of Labour (Bruggen, Belgium, May 1978). Overview of the Belgian labour inspectorate: general aspects; medical labour inspection; the plant physician and the medical labour inspectorate; the director of safety services and the inspectorate services; relations between employers and the inspectorate services; the concept of safety; worker protection, civil and criminal liability.
D/1980/1205/4. Commissariat général à la promotion du travail, 53 rue Belliard, 1040 Bruxelles, Belgium, 1980. 135p. 3 ref.
Legal aspects of occupational medicine
Recht in der Arbeitsmedizin [in German]
Legal problems are occurring more and more frequently in the field of occupational medicine, and are complicated by the fact that the plant physician is often involved in conflicts between management, employees and the works council. This manual classifies these problems systematically and suggests solutions. Review of the OHS system in the Federal Republic of Germany and its legal aspects (laws, ordinances, regulations, directives, standards, rules) and considerations on: employer's liability; criteria for the appointment of a plant physician; appointment of plant physicians under the Occupational Safety and Health Act; plant physician's duties; preventive medical examinations; prohibition of employment in certain occupations on medical grounds; occupational diseases; relations between the plant physician and: (1) the employees, (2) the employer and (3) the works council; interplant medical services; and the independent physician.
Published by Dr. Curt Haefner Verlag GmbH, Bachstrasse 14-16, 6900 Heidelberg, Federal Republic of Germany, 1979. 132p. Price: DM.28.00.
Window cleaning safety.
This article discusses the legal liability of owners and occupiers of high-rise buildings to provide suitable arrangements for safe window cleaning. Problems and aspects discussed include the following: most window cleaners are self-employed or employed by small firms unable to organise efficient safety programmes; awkward shapes of some modern buildings; architects' responsibility for providing safe means of egress and access; safety lines and eyebolts; cradle rigging and support; low-voltage (24V) controls in cradle; safe means of access/egress from cradle to flat roofs.
Health and Safety at Work, Dec. 1979, Vol.2, No.4, p.44-45. Illus.
Accident investigations and notification of accidents
Rassledovanie i učet nesčastnyh slučaev na proizvodstve [in Russian]
This handbook intended for plant management and the legal profession shows how well-conducted accident investigations can improve occupational safety generally. A review of the organisation of the labour inspection services, the duties of the public authorities and the regulations concerning occupational safety and health, and the inspection and enforcement role of the trade unions in the USSR is followed by chapters devoted to: definition and classification of occupational accidents; accident investigations; notification of accidents; occupational safety and health training; administrative, criminal and civil liability in case of non-observance of regulations (assessment of cost of accidents and compensation); procedure for law suits.
Izdatel'stvo "Juridičeskaja literatura", ul. Kačalova 14, 121069 Moskva G-69, USSR, 1979. 111p. 36 ref. Price: Rbl.0.30.
Health and safety
Contents of this pocket-sized textbook: nature and classification of laws; sources of laws: occupational safety and health (OSH) legislation and common law aspects (negligence, nuisance); health and safety authorities (Health and Safety Commission, Health and Safety Executive, factory inspectorate, other enforcing authorities); safety policies; promotion of OSH (consequences of accidents, role of specialists, sources of information, British Standard BS 5304: 1975 on machine guarding (CIS 76-1538); accident investigation and reporting (use of statistical data). Question-and-answer summary. Subject index.
Published by Van Nostrand Reinhold, Molly Millars Lane, Workingham, Berkshire, United Kingdom, 1979. 119p. Price: £5.00 (cloth); £2.25 (paperback).
Duties of employers and workers in the field of occupational safety and health, and penalties they may incur in case of non-observance of the law.
Welche Pflichten haben Arbeitgeber und Arbeitnehmer auf dem Gebiete der Arbeitssicherheit, und mit welchen Zwangsmassnahmen müssen sie rechnen, wenn sie ihren Pflichten zuwiederhandeln? [in German]
Obblighi dei datori di lavoro e dei lavoratori in materia di sicurezza sul lavoro e misure coercitive previste per chi li trasgredisce [in Italian]
Quels sont les devoirs des employeurs et des travailleurs dans le domaine de la sécurité du travail et à quelles sanctions s'exposent-ils en cas de faute? [in French]
This information pamphlet summarises the legal responsibilities of employers and workers in the field of occupational safety and health, and the penalties they may incur or civil damages they may be obliged to pay in case of non-observance of Swiss laws and regulations relating to the prevention of occupational accidents and diseases.
CSST n°131, Cahiers suisses de la sécurité du travail, Schweizerische Unfallversicherungsanstalt, 6002 Luzern, Switzerland, July 1979. 4p.
Goud A.W., Douglas H.M., Bird F.E., Fletcher J.A., Wright R., Langendoen C.A., Shakespeare J., Van der Leij G., Peppel G.W., Bannister J.E., Bamber L., Harding E.R., Heslenfeld C.M., De Witte W., McKinnon R.
Total loss control and safety
Schadebeheersing en veiligheid... [in Dutch]
Contents of these 2 issues devoted to this theme: future trends in the control and prevention of damage and financial loss (emphasis on the role of management); material damage (relations between accidents involving injury, material damage and incidents without material damage); philosophy and organisation of total loss control (methods and measures for adoption in plants); damage control (economic and legal aspects, research, systematic and practical approaches, analysis of incidents, information systems); safety as a profit factor; examples of applied safety programmes in the United Kingdom; damage control as seen by an insurance expert; advisory role of the Netherlands Safety Institute; damage control and safety; critical safety analysis of companies; process development and safety; working conditions, welfare and ergonomics.
De veiligheid, May 1978, Vol.54, No.5, p.189-249, and June 1978, No.6, p.261-302. Illus. 22 ref.
Legal liability in the field of occupational safety and health
Responsabilités en matière d'hygiène et de sécurité du travail. [in French]
This article reviews past and present trends in French law regarding legal liability in occupational safety and health matters, taking stock of the present-day situation, with particular reference to the Act of 6 Dec. 1976 to promote occupational accident prevention (CIS 77-899) and decided cases. Considerations on third-party liability, criminal law aspects, penalties, and consequences in the case of accidents due to failure to observe the law.
Sécurité et médecine du travail, May-June-July 1977, No.43, p.23-31.
Boisselier J., Boué G.
Putting plant safety into practice - Safety organisation
Pratique de la sécurité dans l'entreprise - Organisation de la fonction sécurité. [in French]
This book is intended for management, instructors, safety officers, plant physicians, members of occupational safety and health committees and all those concerned with safety and the improvement of working conditions. Part 1 is devoted to: plant organisation; occupational safety and health organisation in France; arguments for and against setting up a plant safety service; status of the safety service in France and in other European countries; definition of the various targets of a safety service (research, operational and functional objectives, liaison); organisation of a safety service; legal liability in occupational safety and health matters; special safety aspects in the building construction and civil engineering sector; training of safety engineers and safety specialists. Part 2: practical guide for management and safety services, containing references to, and texts of, many regulations and other official documents.
Collection BTE/Formation promotion, Editions d'organisation, 5 rue Rousselet, 75007 Paris, France, 1977. 317p. Illus. 16 ref.
Conditions of work and employment of professional workers.
Conditions d'emploi et de travail des travailleurs intellectuels. [in French]
Report prepared for consideration by the ILO Tripartite Meeting on Conditions of Work and Employment of Professional Workers (Geneva, 22-30 Nov. 1977). Chapter IV is devoted to professional workers' working conditions, and contains a section (p.83-91) on their safety and health problems (stress, sedentary work, lack of exercise, smoking and eating habits, coronary disease, hypertension, peptic ulcers, diabetes, possible irreversible psychological and physical consequences of occupational stress and anxiety states, etc.). Other aspects considered include: responsibility of professional workers in positions of authority for the safety and health of other workers; responsibility of design engineers; humanisation of work and job satisfaction; responsibility in case of occupational accident (civil and criminal liability).
International Labour Office, 1211 Genève 22, Switzerland, 1977. 111p. Price: SF.17.50.
La sécurité du travail. [in French]
Special issue devoted to occupational safety and health (mainly in France). Contents: policy of the authorities with regard to occupational safety (Nutte A.); cost of occupational accidents (Sartin P.); an example of integrated safety: the relocation of the SAVIEM welding shop at Annonay (Delatte J.); an attempted methodological description of the various stages of a safety campaign at the Renault motor works (Piron J.); work organisation and safety (Ricard J.P.); ergonomics and safety (Legars M.); personal protection of workers (Ulysse J.F.); measurement of equivalent noise level for worker protection (Lenclud C.); in-plant safety standards (Courcelles A.); dangerous substances (Lardeux M.); criminal liability of heads of undertakings in occupational safety questions (Combette J.M.); responsibility of undertakings with regard to occupational safety and health (Eyrolles S.); trade unions and occupational safety (viewpoints of 3 national confederations); how safety problems are tackled in a consulting company (Mollier-Sabet J.); safe work in plastics transformation (Rosen G.); safety training programmes of the French National Research and Safety Institute (INRS) (Dupont J.A.).
Production et gestion, Oct. 1976, No.287, p.2-95. Illus. 63 ref.
How to act with a sense of responsibility - In-plant occupational safety and health
Wie handelt man verantwortungsbewusst? - Arbeitsschutz im Betrieb [in German]
This booklet contains simple and practical advice for supervisors, foremen and other supervisory staff, to help them to prevent accidents and avoid legal liability themselves. It defines the limits of responsibility, in law and in practice, at various levels of the undertaking, and how this responsibility is delegated. Analysis of the legal duty to exercise due care and supervision, based on the investigation of an accident which actually occurred; rules for effective supervision and for planning safety supervision. A check-list of supervisory measures and a plan and timetable of safety checks to be carried out by supervisory staffs at various levels are appended.
Berufsgenossenschaft der Feinmechanik und Elektrotechnik, Oberländer Ufer 130, 5000 Köln, Germany (Fed.Rep.), 1976. 39p.
Krause H., Zander E.
Occupational safety made easy; occupational safety and ergonomics - Elements of modern plant management
Arbeitssicherheit - leicht gemacht; Arbeitssicherheit und Ergonomie - Bestandteile moderner Betriebsführung [in German]
Industrialists are increasingly aware that it is in their own interests to organise the production process in such a way as to eliminate interruptions due to accidents. That is why an occupational safety policy should be an integral part of plant management. This handbook suggests ways and means of adopting safety measures as an integral part of in-plant organisation, delegating responsibility for safety matters to managerial staff, keeping workers informed and promoting safety-mindedness among them. Contents: the ultimate human and economic goals of occupational safety and health (OSH) and ergonomics; legal liability and actions for damages; role of the Industrial Mutual Accident Insurance Associations (Berufsgenossenschaften); the labour inspectorate; consequences of the German (Fed.Rep.) Act of 12 Dec. 1973 concerning plant physicians, safety engineers and other occupatonal safety specialists (CIS 74-1166); compatibility of ergonomics and output; aims of the Workplaces Ordinance. Appendices: text of OSH Acts and Ordinances in force in Germany (Fed.Rep.); list of safety regulations; directory of public authorities, institutions, etc.
Rudolf Haufe Verlag, Hindenburgstrasse 64, 7800 Feiburg im Breisgau, Germany (Fed.Rep.), 1976. 320p. 78 ref. Price: DM.29.80.
La sécurité du travail. [in French]
Contents of this special issue: public authorities' occupational safety policies (Nutte A.); cost of occupational accidents (Sortin P.); an example of safety by design: reinstallation of the SAVIEM welding shop at Annonay (Delatte J.); methodic step-by-step description of safety measures introduced in the Renault motor car works: importance of equipment and product design in the prevention of occupational accidents and diseases (Piron J.); work organisation and safety (Ricard J.P.); ergonomics and safety (Legars M.); personal protective equipment (Ulysse J.F.); measurement of equivalent noise level for worker protection (Lenclud C.); in-plant safety standads (de Courcelles A.); hazardous substances (Lardeux P.); employer's legal and criminal law liability in occuational safety and health (OSH) matters (Combette J.M.); building and civil engineering sector: management responsibility in OSH questions (Eyrolles S.); trade unions and occupational safety; how OSH is approached by a consultancy firm (Mollier-Sabet J.); an audiovisual training aid (slides and cassettes) on OSH in the plastics transformation industry (Rosen G.); OSH training programmes of the French National Institute for Research and Safety (INRS) (Dupont J.A.).
Production et gestion, Oct. 1976, No.287. 95p. Illus. 24 ref.
Act No.76-1106 of 6 December 1976 to promote occupational accident prevention
Loi n°76-1106 du 6 décembre 1976 relative au développement de la prévention des accidents du travail. [in French]
The provisions of this Act cover, inter alia: employer's obligation to organise workers' safety training (particularly for new employees and those transferred to other workposts); gradual limitation of shift work and slowing down of assembly-line work and other continous processes; limitation, prohibition or control by regulations of the manufacture or assignment or use of substances, preparations, apparatus or machinery constituting a hazard to workers (penalties for non-observance); mandatory built-in safety in all premises constructed for industrial, commercial or agricultural purposes; organisation of occupational safety on work sites; powers of the labour inspectorate (authority to report cases of flagrant breach of safety regulations for immediate prosecution, without previous warning); employer's liability to be increased in case of occupational accident; rebate on social security contributions for undertakings implementing an occupational safety and health programme; improved compensation for workers injured in occupational accidents (loss of career prospects is now taken into consideration); extension of provisions of the Act to apply to the agricultural sector.
Journal officiel de la République française, Dec. 1976, Vol.108, No.285, p.7028-7034.
Overseas trends in accident control.
This paper was presented at a conference of the Safety Engineering Society of Australia, and it is in this context that "overseas" is to be understood. It is a critical assessment of the British and United States approaches (which it compares) to accident prevention, tracing out the trends in legal philosophy away from the fault principle towards awareness of human factors. The 2nd part looks at the relations between legislation and safety under 3 heads: relevance of law to injury causes; utility of statistical information; and implications for safety specialists. It closes with a review of developments in safety education and research in the 2 countries.
Protection, May 1976, Vol.13, No.4, p.23-27; and June 1976, No.5, p.4-11. 22 ref.
Health and safety at work - Part 1. Liability of the plant engineer; Part 2. Liabilities of the employer and others.
This article, written by a barrister, examines in Part 1 the criminal and civil liability of plant engineers, under the United Kingdom Safety and Health at Work Act, 1974, which is considerably wider in scope than the Offices, Shops and Railway Premises Act, 1963, and the Factories Act, 1961. In the event of plant engineers being prosecuted under the 1974 Act, the onus of proof as to whether certain safety measures are reasonable and practicable, regardless of expense, falls on them. New and additional powers of factory inspectors under the 1974 Act are commented upon, particularly prohibition notices, which can be served by inspectors on companies or individuals, and may have a devastating effect on production, not to mention the severe fines and other penalties involved. Part 2 deals with liabilities of employers and of designers, manufacturers, importers and suppliers of any substance or machinery, etc. used in workplaces. Environmental aspects are also discussed.
Plant Engineer, Sep.-Oct. 1976, Vol.20, No.8-9, p.26-27 and Nov.-Dec. 1976, No.10-11, p.11-12. 1 ref.
Krause H., Pillat R., Zander E.
Arbeitssicherheit [in German]
This loose-leaf handbook is intended for management, councils of workers' delegates, and executives. A list of regulations in force and a directory of institutions are followed by information grouped under the following main headings: responsibilities in occupational safety; in-plant safety mesures; general and special safety problems; personal protective equipment; application of integrated safety principles; workplace design; safety institutions in the Fed.Rep. of Germany; comments on legislation in force, with texts of regulations, etc. From the contents of the 10th supplement: list of occupational safety and health regulations; human thermal comfort; directives concerning workplace seating and changing rooms; technical rules and directives concerning harmful substances (aluminium powder, arsenic, benzene, carbon tetrachloride, tetrachloroethane, pentachloroethane, sandblasting materials, lead, fluorine, paints, siliceous dust, magnesium, ammonium nitrate, textile oils, batching materials).
Rudolf Haufe Verlag, Hindenburgstrasse 64, 7800 Freiburg i. Br., Germany (Fed.Rep.), 1972. Ca. 1,350p. Price: DM.68.00. 10th supplement, Oct. 1976. 220p. Price: DM.0.12 per page.
Occupational accident research - Paper presented on a seminar in Stockholm, Sweden, 1975.
The seminar was convened to take stock of present knowledge on occupational accidents and their prevention, and to discuss how to transfer the results of accident research into practical safety work. The 28 papers were grouped into sections: research strategies, effect of legislative and normative actions, basic behavioural requirements and effect of technological and organistional factors for safety at work.
Swedish Work Environment Fund (Arbetarskyddsfonden), Sveavägen 166, 11tr, 113 46 Stockholm, Sweden, 15 July 1976. 234p. Illus. 239 ref.
Employers' criminal law liability in occupational safety and health matters
La mise en œuvre de la responsabilité pénale du chef d'entreprise en matière d'hygiène et de sécurité des travailleurs. [in French]
Analytical study by a lawyer of the procedural and legal aspects of the employer's criminal liability in case of violation of French labour law (in particular, non-observance of occupational safety and health regulations). In principle the onus of liability in criminal law falls on the head of the undertaking, but in view of the size and complexity of some firms, we find precedents in case law where pleas on behalf of the head of the undertaking disclaiming liability have been upheld where it was proven that he had in fact delegated his authority in this respect to a subordinate agent, specifically ordering him to ensure compliance with safety regulations, and that the agent failed to do so. Detailed comments on legal aspects of delegation of authority (particularly as regards admissible and conclusive evidence) as followed in French law and practice in the courts.
Cahiers des Comités de prévention du bâtiment et des travaux publics, Jan.-Feb. 1976, No.1, p.9-12.
Falsework and access scaffolds in tubular steel.
Textbook and practical reference work intended for structural and civil engineers, contractors and those who design and supervise the construction of support and access scaffolding in tubular steel. An introductory and historical overview of the subject is followed by chapters on: conventional tube and couplers (evaluation; types; sizes; purpose and performance; corrosion and protective finishes; usage and maintenance); principles of erection and design (load determination, wind, basic structural elements, forms, diagonal bracing for stability and lateral load, foundation design principles, etc.); convention scaffolds (putlog and independent scaffolds; purpose; load capacity; structural criteria and design approach; design examples, alloy scaffolds; ties and lateral stability); structures requiring design (classification of basic structural form, etc.); proprietary modular tubular scaffold systems; legal requirements; civil law liability; multi-user contracts; Health and Safety Executive, Safety Officers and training schemes; summary of outstanding safety requirements for scaffolding; suggested safety check list; collapses.
McGraw Hill, Maidenhead, Berks., United Kingdom, 1975. 238p. Illus. 40 ref. Price: US-$15.00.
The employer's guide to the law on health, safety and welfare at work.
Intended for company directors, management and safety officers, this book provides a digest of the British Health and Safety at Work Act, 1974, covering aspects of employers' duties such as: medical examinations, dangerous and toxic substances, subcontractors, employee's negligence, safety officers and safety committees, codes of practice, employer's liability, liability towards employees of other firms working on employer's premises or worksites, penalties, agricultural employment, personal protective equipment and clothing, court proceedings, employer's liability for supervisor's negligence, guarding of machinery, employee training, contributory negligence, employment of women and young persons, occupational accidents and diseases, compensation and damages. Sections are also devoted to duties of manufacturers, designers, importers and suppliers, and to the powers (and abuse of powers) of factory inspectors. The text of the 1974 Act is appended. Index.
Business Books, 24 Highbury Crescent, London N5 1RX, United Kingdom, 1975. 394p. Illus.
Employer's liability at common law.
This comprehensive textbook, intended for legal advisers to firms and legal practitioners involved in occupational safety and health compensation litigation, covers all aspects (legislation and case-law) of employers' liability in occupational safety and health matters in the United Kingdom, giving the position following the adoption of the Occupational Safety and Health Act, 1974. Tables of statutes and of decided cases are followed by chapters devoted to: historical background; theory of negligence; employer's duty to take care (plant, workplace, work methods); statutory offences; Health and Safety at Work Act 1974; Factories Act 1961; fencing of machinery (power presses, abrasive wheels, woodworking machines, prime movers, etc.); dust, fumes and humidity; harmful substances and processes; protection of eyes; metal foundries; shipbuilding yards and docks; building and engineering operations; electricity stations and electricity regulations; coal mines; miscellaneous mines and quarries; mineral workings at sea; railways; shipping: aviation; agriculture and forestry; offices, shops and railway premises; contributory negligence, etc. Appendices: explanation of legal terms; the national insurance (industrial injuries) scheme, etc. Index.
Butterworth Publishers, 88 Kingsway, London WC2B 6AB, United Kingdom, 1975, 761p. Bibl. Price: US-$17.40.
Civil and penal liability under occupational safety and health legislation
La responsabilità civile e penale dei destinatari delle norme legislative in materia di sicurezza e di igiene del lavoro [in Italian]
This booklet aims at summarising the possible civil and penal consequences of inobservance of occupational safety and health legislation in Italy, especially when a causal connection is established between the inobservance and the resulting loss or injury. The relevant sections of Acts, etc. are quoted and commented on. The functions of supervisory bodies (Labour Inspectorate, Italian National Accident Prevention Institute - ENPI) are briefly mentioned in the context of the sections quoted. Competence and functions of different law courts, tribunals, other juridical bodies, examining magistrates, etc. Judicial inquiries. Text of legislation cited in the booklet.
Grafica Comense, Tavernerio, Como, Italy, Feb. 1975. 30p.
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