66 Summary The topic of my work is workplace injury. The goal of this work is comparison of two main approaches to this topic that have been discussed over the past years, namely - the employer`s responsibility versus accidental insurance of employees. The first one mentioned is effective in Czech republic and the second was meant to be effective from 1st January 2008 but it was postponed three times (last time to 1st January 2015) and it is now considered to be canceled. The goal is to understand why and to determine which of the systems better suits the purposes of a workplace injury regulation in Czech Republic. At the beginning I start with a brief historical background (from the year 1989) of the regulation for better understanding of the need for new legislation. Next I am going to achieve the goal of this work by describing the first system by detailed analysis of the effective regulation - explaining terms such as liability, workplace injury, exemptions from liability, types of compensation and also present few a court decisions on the matter. Then I am going to describe the second system by explaining the differences that the accidental insurance of employees act (266/2006 Coll.) would bring if it ever becomes effective. For a more detailed description I would also present the regulation of a...

This thesis explores the occupational health and safety risks facing labour hire employees (also known as temporary agency workers) in the Australian state of Victoria. Three questions are considered. First do labour hire employees face greater risk of injury and disease than direct hire employees? Second, if so, which characteristics of labour hire employment contribute to a higher rate of injury? Third, what characteristics of labour hire employment reduce the likelihood of injured employees returning to work and being rehabilitated? The first question is answered by an aggregate analysis of data drawn from all workers' compensation claim files in Victoria between 1994/5 and 2000/1 contrasting the frequency of injury for both temporary agency employees and direct hire employees. Second a unique sub sample of individual investigated claim files was then examined to test employment factors that could account for the higher frequency of injury amongst agency workers. A third data source involved a survey and focus groups of temporary agency workers. This provided supplementary data on the work experiences of labour hire employees. A number of conclusions are drawn. Labour hire employees are more likely to be injured at work than their direct hire counterparts. Factors explaining this include economic pressures, disorganisation at the host workplace, and regulatory failure for agency employees. Several of these factors are uniquely related to the triangular nature of labour hire arrangements. Once injured at work, labour hire employees are especially disadvantaged relative to direct hire employees through the reluctance of many labour hire employers to offer further employment. This reduces the capacity of labour hire workers to return to meaningful employment. Regulatory failure stemming from both employment and occupational health and safety legislation underpins the greater likelihood of agency workers being injured at work and then dispensed with by employers. Until the uniqueness of their triangular relationship with employers and hosts is recognised through appropriate regulatory intervention, their greater occupational health and safety risks will not be overcome.

This thesis explores the occupational health and safety risks facing labour hire employees (also known as temporary agency workers) in the Australian state of Victoria. Three questions are considered. First do labour hire employees face greater risk of injury and disease than direct hire employees? Second, if so, which characteristics of labour hire employment contribute to a higher rate of injury? Third, what characteristics of labour hire employment reduce the likelihood of injured employees returning to work and being rehabilitated? The first question is answered by an aggregate analysis of data drawn from all workers' compensation claim files in Victoria between 1994/5 and 2000/1 contrasting the frequency of injury for both temporary agency employees and direct hire employees. Second a unique sub sample of individual investigated claim files was then examined to test employment factors that could account for the higher frequency of injury amongst agency workers. A third data source involved a survey and focus groups of temporary agency workers. This provided supplementary data on the work experiences of labour hire employees. A number of conclusions are drawn. Labour hire employees are more likely to be injured at work than their direct hire counterparts. Factors explaining this include economic pressures, disorganisation at the host workplace, and regulatory failure for agency employees. Several of these factors are uniquely related to the triangular nature of labour hire arrangements. Once injured at work, labour hire employees are especially disadvantaged relative to direct hire employees through the reluctance of many labour hire employers to offer further employment. This reduces the capacity of labour hire workers to return to meaningful employment. Regulatory failure stemming from both employment and occupational health and safety legislation underpins the greater likelihood of agency workers being injured at work and then dispensed with by employers. Until the uniqueness of their triangular relationship with employers and hosts is recognised through appropriate regulatory intervention, their greater occupational health and safety risks will not be overcome.

Research has demonstrated that safety outcomes are impacted by workplace risk factors, but also supervisory practices and employee actions. An area that has not been explored is the impact of employee cognitions on safety outcomes defined as work-related injuries. Based on the conceptual framework of psychological empowerment (PE), the purpose of this study was to examine the relationship of employee cognitions as measured by PE as related to leadership and safety climate and the occurrence of work-related injury. The research examined the mediating effect of (PE) on the factors of leadership and safety climate and their relationship to work-related injury. A cross-sectional survey design was used to gather data from a convenience sample of 125 front-line food manufacturing employees from 3 different organizations. Multiple regression was used to analyze data from the Organization-Level Safety Climate Scale, the Psychological Empowerment Instrument, the Leader Behavior Scale, and number of self-reported injuries. The results of the analysis were non-significant. Although the results were non-significant, this study promotes positive social change in bringing awareness to the issue of employee cognitions and their role in workplace injury. Exploring the implications of cognitive variables including PE using a different methodology such as incorporating a qualitative follow-up questionnaire could lead to clarity of the value of PE in reducing workplace injury thereby positively impacting employees, organizations, family members, and tax payers.

Over the past 20 years, adult obesity has increased in the United States, especially among the Hispanic/Latino population. In 2010, the Occupational Safety and Health Administration Environmental and Safety News, reported that younger workers, ages 18 to19 years of age, worked in the most high-risk occupations such as agriculture, construction, fishing, and manufacturing. The reported fatality rates for these occupations were 5.6 times greater for Hispanic workers compared to other race/ethnicity groups reported by the Bureau of Labor Statistics in 2013. This study determined whether obesity contributed to workplace injury or mortality in hazardous occupations, using federal, state, and independent national databases. The independent variable was obesity, the dependent variable was injury in hazardous occupations. In addition, age, gender, race/ethnicity, socioeconomic level, educational level, and cultural context were used as mediating variables. The target population included all workers ages 18 to 65 years of age in hazardous occupations. Analysis of databases from NHANES, BRFSS, NIOSH, OSHA, and the BLS was conducted using descriptive statistics for frequency of the mediating variables' relationship to workplace injury. This study highlighted the prevalence of obesity in the Hispanic/Latino population and increased incidence of workplace injury in hazardous occupations, but found no significant relationship between the variables using the BFRSS Web Enabled Analysis Tool for linear regression and cross-tabulation. Establishing a relationship between obesity and increased injury for the Hispanic/Latino population in high-risk occupations for preventative measures will enhance positive social change within this underrepresented population in research.

La révolution industrielle du XIXème siècle, marquée par la création des grandes usines, a entraîné une mutation de la classe laborieuse constituée d’ouvriers dont les conditions de travail étaient d’une dureté que l’on peine à imaginer aujourd’hui. L’état de santé des ouvriers représentait pourtant un enjeu économique et politique d’une grande importance. L’Etat a, en conséquence, produit une législation tutélaire visant à protéger les corps des travailleurs : une législation industrielle devenue droit du travail, dans le cadre de ce plus vaste ensemble que l’on dénomme le droit social. Le droit du travail assure un équilibre entre les acteurs des relations du travail. Il est, essentiellement, un droit de compromis à des fins de pacification des relations sociales, un compromis social entre les intérêts des entreprises et ceux des travailleurs salariés. Le « droit social », qui recouvre, au moins, le droit du travail et le droit de la sécurité sociale, est à la fois un droit de protection et un droit de réparation des atteintes portées aux corps des salariés par le travail. L’homme au travail a longtemps été considéré comme une machine de production et le corps perçu uniquement du point de vue mécanique. Mais le corps est le substratum de la personne ; il n’est pas une chose : il est la personne protégée par des règles pénales, les règles composant le droit civil des personnes – au lieu de relever du droit des biens – et celles qui consacrent et garantissent ce que l’on appelle volontiers, aujourd’hui, les droits et libertés fondamentaux. Aujourd’hui, le travail, activité productive, est beaucoup plus diversifié que celui du XIXème siècle. Les conditions sociales et du travail ont évolué avec le droit du travail qui est bien différent d’alors. Les risques professionnels sont différents et l’homme au travail, considéré comme une personne à part entière, peut subir des atteintes à sa santé physique et mentale. Si le droit du travail poursuit les buts partiellement antagonistes de préserver, à la fois, le capital et le travail, la question est de savoir quels instruments juridiques visent à prémunir les salariés des atteintes à leur intégrité physique et mentale que pourrait provoquer le travail. Celui-ci étant, cependant, source d’accidents et de maladies, il s’agit de connaître les outils utilisés par le droit positif afin de permettre la réparation de ces atteintes. / The industrial revolution of the nineteenth century saw the creation of large factories, leading to a change in the living and working conditions for the proletariat, whose working conditions were more difficult than we could imagine today. Worker's health became an economic and political issue of great importance. The State, therefore, passed guardianship legislation to protect workers' health: the industrial legislation become labor law, a subset of broader social laws. The labor law provided a balance between the actors of labor relations. It was essentially a law compromise for the purpose of pacification of social relations, a social compromise between the interests of business and those of employees. "Social law", which incorporates both the labor law and the social welfare law, is composed of laws to protect and rules to govern awards for damages for injuries incurred in the workplace. The working man has long been considered a production machine viewed only from a mechanical point of view, but the body is the substratum of the person; it is not a thing. A person is protected under criminal law and civil law, not property law; what we now call fundamental rights and freedoms. In today's workforce, productive activity is much more diverse than in the Nineteenth Century. Social and labor conditions have evolved, as has labor law. Occupational hazards are different and the working man, considered as a whole person, may suffer damage to his physical and mental health. If labor law continues tries to encourage capital gain and workforce safety at the same time, how effective are the regulations that are in place to protect workers from physical harm. Workplace injuries and illnesses will occur, so it becomes important to know the tools of french positive law created to insure reparations in the instances.