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A ação regressiva acidentária como instrumento de tutela do meio ambiente do trabalhoZimmermann, Cirlene Luiza 24 November 2010 (has links)
O meio ambiente do trabalho e a ação regressiva acidentária são os objetos de estudo do presente trabalho. O meio ambiente equilibrado, nele compreendido o do trabalho, é tratado pela Constituição Federal de 1988 como direito fundamental, indispensável à concretização do princípio-base da dignidade da pessoa humana, a ser obtida com o usufruto de uma sadia qualidade de vida. Por tal razão, diversos instrumentos jurídicos são disponibilizados pela ordem vigente para a tutela desse direito. A ação regressiva acidentária, prevista no art. 120 da Lei nº 8.213/91, é um desses instrumentos. Todavia, durante muito tempo foi praticamente ignorada pela Previdência Social, enquanto titular do direito/dever de regresso, omissão que, felizmente, vem sendo suprimida nos últimos anos pela atuação da Advocacia-Geral da União, através da Procuradoria-Geral Federal, que inseriu a ação regressiva acidentária entre suas ações prioritárias. A sociedade, por desconhecer o instituto, também não cobrava sua utilização, apesar do seu potencial de tutela do direito dos trabalhadores de exercerem suas atividades laborais em ambientes seguros e salubres, advindo, principalmente, do seu caráter pedagógico-punitivo. Sobre os valores sociais do trabalho fundamenta-se nossa República, sendo o exercício de atividades laborais elemento indispensável aos cidadãos para a consolidação desse direito. Contudo, não se trata de qualquer trabalho, mas aquele desempenhado em condições adequadas, sem riscos, que garanta a vida, a saúde e a integridade física e mental dos trabalhadores, pois somente com o atendimento desses pressupostos é que se efetiva o princípio da dignidade da pessoa humana. As estatísticas oficiais sobre os acidentes do trabalho no Brasil, ainda que só reflitam o quadro do emprego formal, evidenciam verdadeira afronta ao direito fundamental ao trabalho, ao meio ambiente equilibrado, nele incluído o do trabalho, e à dignidade da pessoa humana. Os princípios ambientais exercem importante papel no controle dos riscos laborais, motivo pelo qual devem servir de orientação a todos os responsáveis pela tutela do ambiente do trabalho em sua tarefa contínua de melhorar as condições desse meio. Por outro lado, os princípios constitucionais da ordem econômica precisam ser compatibilizados com o direito fundamental ao meio ambiente equilibrado, que vem a ser também um dever da coletividade. O clássico instituto da responsabilidade civil necessita ser reformulado para poder ser aplicado satisfatoriamente na esfera ambiental e isso vai além da mera pacificação acerca da sua incidência na modalidade objetiva. O dever de assumir as responsabilidades pelos riscos ambientais deve ser antecipado à ação, de modo a evitar as consequências sobre as quais tradicionalmente recai o instituto. O exercício do trabalho em ambientes dignos é direito que deve ser garantido a todos os trabalhadores, independentemente do meio de formalização da relação de trabalho e do tamanho da empresa em que ele é exercido, não servindo o pagamento do seguro contra acidentes de trabalho como autorização para o descumprimento do dever. O desenvolvimento de políticas públicas em prol do meio ambiente do trabalho, assim como o estudo aprofundado dos seus instrumentos de tutela, como é o caso da ação regressiva acidentária, é essencial para garantir o direito. / The environment of work and the regressive action related accidents are the objects of the present study. The sound environment, including that of the work, is handled by the Federal Constitution of 1988 as a fundamental right, essential to the implementation of the basic principle of human dignity, to be obtained with the enjoyment of a healthy quality of life. For this reason, several instruments are available by standing order for the protection of that right. The action regressive related accidents, under art. 120 of Law No. 8.213/91, is one such instruments. However, had long been virtually ignored by social security, as a holder of the right/duty to return, an omission which, fortunately, have been suppressed in recent years by the actions of the Attorney General´s Office, through the Federal Attorney General, which issued regressive action related accidents among its priority actions. The society, by ignoring the institute, also did not charge its use, despite its potential for protection of the right of workers to perform their working activities in safe and healthy, coming mainly from its pedagogical-punitive. About the social values of work is based on our Republic and the exercise of their professional activities is indispensable to the citizens for the consolidation of that right. But not just any job, but he played under appropriate conditions, without risk, to ensure the life, health and physical and mental health workers, because only with the care of these assumptions is that the actual principle of the dignity of human person. Official statistics about accidents at work in Brazil, although only reflect the framework of formal employment, they show real affront to the fundamental right to work, balanced environment, the work included therein, and human dignity. The environmental principles play an important role in controlling workplace risks, why should serve as guidance to all those responsible for overseeing the work environment in their continuing work to improve conditions in this environment. Moreover, the constitutional principles of economic order must be reconciled with the fundamental right to a balanced environment, which also happens to be a collective duty. The classic institute of liability needs to be reformulated before it can be satisfactorily applied in the environmental sphere and that goes beyond mere pacification about its impact on the objective modality. The duty to assume responsibility for environmental risks must be anticipated to action, to avoid the consequences of which traditionally falls on the institute. The work performed in the right environment is worthy to be guaranteed to all workers, regardless of the means of formalizing the working relationship and the size of the company in which it is exercised, not serving the payment of insurance against accidents at work as authorization for dereliction of duty. The development of public policies on the environment of work, as well as the detailed study of their instruments of protection, as is the case of the regressive action related accidents, it is essential to guarantee the right.
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Drowning prevention for children in San Bernardino CountyWilliams, Joan Marie 01 January 2002 (has links)
Drowning and near drowning is a significant problem nationwide and in San Bernardino County. Drowning in and around the home is the leading cause of accidental death of children under 5 years of age. In the United States, drowning is cited as the second most common cause of death for adolescents. This project was undertaken to help establish a funding source to develop a drowning prevention program in San Bernardino County. A request for assistance was obtained from the California Center for Childhood Injury Prevention and the California Kids' Plates Program.
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Dopravní nehoda jako traumatická situace. / Traffic Accident as a Cause of a Traumatic SituationBednářová, Denisa January 2014 (has links)
The thesis refers to the issue of road accidents and their prevention in the Czech Republic, seen as a negative phenomenon in modern society. It is divided into two relatively independent parts, theoretical and practical. The theoretical part focuses on a general description of traffic accident and states their main causes. Moreover, it deals with a road accident as a traumatic event having negative effects on life of involved people, especially on the human psyche. At the end of this part you can find basic principles of emergency intervention on casualties of road accidents and organizations which offer free help to road accident casualties. In the practical part of this work there is a study of road accidents that happened in the region of the Czech Republic from the point of view of their causes and the age of the driver.
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Development strategy to prevent mine accidents in surface coal mines in IndonesiaPermana, Herry 10 April 2014 (has links)
Most of mining operations in Indonesia use open pit mine methods, with truck and shovel system and a large amount of manpower. The mining industry plays an important role contributed to the national economy and development in Indonesia, otherwise the mine accidents become as sensitive issue or problem. The main cause of mine accidents is still dominant of the low safety awarenesses and accountabilities, and also improperly cost spent on the occupational health and safety (OSH) programs. This thesis describes the concept behind the return on prevention and workers‟ perception descriptive analyses of the occupational health and safety in relation to improve safety performances. The proactive action plan related to accidents prevention is as an essential step of the risk management processes. Participation and intervention for all employees are important and urgent, especially for the frontline workers, which are crucial in achieving good safety performances with financial support properly. The main objective of this study evaluates of the workers‟ perception and cost spent on the occupational health and safety program at the companies in relation to accident prevention efforts. In general, the several objectives are described to evaluate of the mine accident rates, the validity and reliability tests of the questionnaires, workers relationships and suggestions, interviews, observations, and the OSH cost effectiveness. The methods of this study are assessed by the descriptive statistical analysis approaches of the return on prevention with the microeconomic model of the net present value, internal rate of return, and cost benefit analysis to justify the benefits return and the break even point and interventions directly according to the workers‟ perception through questionnaire, interview, and observation. The methodology is assessed by the gathering data obtained from the companies through the surveys of the questionnaire, interview, observation, and the money expenses in the occupational health and safety for the workers. The valuation methods are used by the degree of significance of 95%, margin of error 5%, with total number of respondents are 1,600 persons as sampling which representation of the four surface coal mine companies in Indonesia. The seven elements are a basic assessment approached of the training and education, personal protective equipment, preventive medical check up, employment injury insurance, improvement existing technology, signalization, and organization. The result shows the advantages using these analyses which described the importance of the money invested on OSH and effectiveness of interventions by worker‟s perception in order to prevent accidents at workplace. The effectiveness of interventions to the environment working conditions and workers mindsets directly. The OSH cost invested for workers, in general, will triggers the work performances to be better, and then the occupational health and safety in a strong position to achieve the goals of the company. Improvement safety awareness and accountability of workers shall reduce or prevent accidents at work, and the company should be invested money in the OSH program with the minimum amount is US $ 207.17 per employee or US $ 0.12 per ton of coal produced. The investment of the people and money properly shall give significant impacts in preventing accidents to achieve zero accident vision in order to protect people, property, process and profit of the company for short or long term benefits, and will also give a good images for sustainable in mining business.
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The investigation of the implementation of the national rolling enforcement plan in the Capricorn DistrictMahlatji, Mahlodi Phineas January 2021 (has links)
Thesis(MPAM.) -- University of Limpopo, 2021 / Road traffic injuries negatively impact on the health and the development of the world’s
population. The situation is not different in South Africa, particularly in Polokwane,
Limpopo Province. In this area, over the past years there has been a steady annual
increase of the number of fatalities in the national and provincial roads. This has
necessitated the national department of transport to implement mitigating plans with
the objective of promoting road safety. It is envisaged that if national road safety plan
known as the National Rolling Enforcement Plan (NREP) is clearly defined and
effectively implemented, the road fatalities can drastically be reduced. The plan
provides some focus areas to be looked at in a way to promote road safety and reduce
road accidents. The purpose of this study is to investigate the effectiveness of the
NREP, whether it is consistently implemented; and to identify the gaps that affect the
implementation process, and to recommend the mitigating factors that will improve the
implementation processes of the NREP. A mixed method research approach was used
in conducting the study. The first phase entails the collection of quantitative data
through structured questionnaires involving traffic officers and traffic managers; while
a second phase entails qualitative data collected through focus group discussions that
involved traffic officers. The results show the extent at which the traffic officers are
involved in the implementation of the NREP. To note, the findings are generalised to
the national traffic operations. The study focussed on only one geographical area,
namely Limpopo province in South Africa, and not on road transport operations in other
parts of the country. Future research should expand on the nationalisation of traffic law
enforcement officers.
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Development of practical guidelines to promote occupational health and safety for workers in the construction industry in Windhoek, NamibiaNghitanwa, Emma Maano 11 1900 (has links)
Text in English / The study, which considers that the construction industry is a high risk one due to the physical work demand and nature of the working environment, was conducted to develop practical guidelines for workers and employers that promote occupational health and safety (OHS) in the construction industry in Namibia. The study, conducted at 13 study sites in Windhoek, Namibia, used a quantitative descriptive study method to gather data regarding the OHS status of the construction industry.
Data was collected from the 13 study sites using a site interviewer-led questionnaire for 549 construction workers. In addition, both a site inspection checklist and document review checklist were used to collect the data from ten construction sites. A review of documents concerning occupational accidents, diseases and injuries encountered at construction sites that were held by the Ministry of Labour, Industrial relations and Employment creation for the five-year period from April 2011 to March 2016 was carried out. Data was analysed using the Statistical Package for Social Sciences (SPSS) software version 23.
The study findings show that most of the workers at the study sites were young and male, with most participants lacking awareness of OHS issues, which may hinder accidents and injuries prevention. It also emerged that occupational hazards are prevalent at the study sites and yet there were poor mechanisms for hazard prevention or mitigation measures.
The study notes that there was a high rate of occupational accidents and injuries, as well as a few incidences of health hazards, as indicated by few participants, although there was no documented occupational disease. It is also noted that most study sites do not comply with OHS legislations, such as having OHS policies that indicate the employer’s commitment towards OHS, which placed workers at risk of hazard exposure, occupational accidents, injuries and diseases. Practical guidelines to promote OHS in the construction industry of Windhoek, Namibia are developed as the primary output of this project. / Health Studies / D. Litt. et Phil. (Health Studies)
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