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Perspectives on determining permanent disablement in South African occupational lawJakob, Olaf January 2012 (has links)
The right to be entitled to compensation for injuries sustained in the course of employment has always been an essential component of basic social security rights.
Provision is made in the international sphere by the International Labour Organization and the United Nations. In the regional sphere there are standards that apply within the Southern African Development Community, and on a national level the rights are provided in terms of the Constitution of the Republic of South Africa, 1996, and the Compensation for Occupational Injuries and Diseases Act, 103 of 1993 (COIDA).
COIDA provides for a system of no fault compensation for employees who have sustained injuries or contracted occupational diseases during the course of their employment. “No fault compensation” provides that an employee does not have to prove fault with the employer or any other party in to be entitled to claim compensation.
COIDA’s main purpose is to provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by defined employees in the course of their employment.
Section 49 of COIDA provides for compensation for permanent disablements. In terms of section 49, the Commissioner must assess the permanent disablement of the employee by applying Schedule 2 of COIDA, which stipulates percentages of disablement for different injuries or mutilations. By “matching” the injury or mutilation from which the employee is suffering to the corresponding injury or mutilation provided for in Schedule 2, the Commissioner is then able to determine the degree of permanent disablement.
Discretions are also granted to the Commissioner in terms of which he is allowed to determine the degree of disablement suffered by an employee under certain circumstances. The nature and amount of compensation awarded depend on the degree of disablement that the employee is afflicted with. Compensation for permanent disablement may be paid either in a lump sum or a monthly pension depending on the degree of disablement determined.
Problems arise with the application of both these approaches of determining the permanent disablement of an employee. The guidelines in Schedule 2 have been previously described to be applied “mechanically” with no consideration being given to the individual circumstances of the employee. In practice the discretion granted to the Commissioner in terms of section 49 is often not applied judicially, which has led to numerous objections being lodged against the initial amount of compensation granted.
The lack of medical expertise at the initial assessment of the disablement, and the “mechanical application” of Schedule 2, often lead to the incorrect determination of the degree of permanent disablement from which the employee is actually suffering. The determination of the degree of disablement is often not consistent with Schedule 2 of COIDA and results in an unjustifiable amount of compensation granted to the employee which holds no relation to the impairment suffered.
The core question that needs to be considered is whether and to what extent the employee is still useful for the labour market in the line of his or her employment, and the disablement should be assessed in the light thereof. / Thesis (LLM (Labour Law))--North-West University, Potchefstroom Campus, 2013.
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Perspectives on determining permanent disablement in South African occupational lawJakob, Olaf January 2012 (has links)
The right to be entitled to compensation for injuries sustained in the course of employment has always been an essential component of basic social security rights.
Provision is made in the international sphere by the International Labour Organization and the United Nations. In the regional sphere there are standards that apply within the Southern African Development Community, and on a national level the rights are provided in terms of the Constitution of the Republic of South Africa, 1996, and the Compensation for Occupational Injuries and Diseases Act, 103 of 1993 (COIDA).
COIDA provides for a system of no fault compensation for employees who have sustained injuries or contracted occupational diseases during the course of their employment. “No fault compensation” provides that an employee does not have to prove fault with the employer or any other party in to be entitled to claim compensation.
COIDA’s main purpose is to provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by defined employees in the course of their employment.
Section 49 of COIDA provides for compensation for permanent disablements. In terms of section 49, the Commissioner must assess the permanent disablement of the employee by applying Schedule 2 of COIDA, which stipulates percentages of disablement for different injuries or mutilations. By “matching” the injury or mutilation from which the employee is suffering to the corresponding injury or mutilation provided for in Schedule 2, the Commissioner is then able to determine the degree of permanent disablement.
Discretions are also granted to the Commissioner in terms of which he is allowed to determine the degree of disablement suffered by an employee under certain circumstances. The nature and amount of compensation awarded depend on the degree of disablement that the employee is afflicted with. Compensation for permanent disablement may be paid either in a lump sum or a monthly pension depending on the degree of disablement determined.
Problems arise with the application of both these approaches of determining the permanent disablement of an employee. The guidelines in Schedule 2 have been previously described to be applied “mechanically” with no consideration being given to the individual circumstances of the employee. In practice the discretion granted to the Commissioner in terms of section 49 is often not applied judicially, which has led to numerous objections being lodged against the initial amount of compensation granted.
The lack of medical expertise at the initial assessment of the disablement, and the “mechanical application” of Schedule 2, often lead to the incorrect determination of the degree of permanent disablement from which the employee is actually suffering. The determination of the degree of disablement is often not consistent with Schedule 2 of COIDA and results in an unjustifiable amount of compensation granted to the employee which holds no relation to the impairment suffered.
The core question that needs to be considered is whether and to what extent the employee is still useful for the labour market in the line of his or her employment, and the disablement should be assessed in the light thereof. / Thesis (LLM (Labour Law))--North-West University, Potchefstroom Campus, 2013.
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The effect of the drug price intervention on retail pharmacies in South Africa / S.A. Dodd.Dodd, Stanley Anthony January 2007 (has links)
In May 2004 there was a shake-up in the private pharmaceutical industry in South Africa. The National Department of Health (DOH) introduced a form of price control which for the first time attempted to regulate prices at every level of the pharmaceutical distribution chain. The price controls was immediately challenged and was not properly implemented until partially upheld by the Constitutional Court at the end of 2005. Throughout 2006 the DOH (through the Pricing Committee) reconsidered parts of the price controls, dealing with an appropriate dispensing fee for retailers, which were struck down by the Constitutional Court. In late 2006, a new dispensing fee was published and then immediately challenged. The DOH claims they had to do this to make sure that medicines remain affordable, and pharmacists at the end of the day get a reasonable income from each price band. The United South African Pharmacies (USAP) and the Pharmacy Stakeholders1 Forum (PSF) claim that implementation of the price controls would have pharmacies not being able to cover their expenses. The objectives of the study are to ascertain whether the price controls forced upon the healthcare industry by the DOH of South Africa is viable in small retail pharmacies and what the impact will be on small retail pharmacies and their communities. The actual annual income statements for 2006 of three typical pharmacies were obtained. The next step was to determine the effect that the price controls would have had on the total sales and key financial factors in the income statement if the price controls was already in force in 2006. A revised experimental income statement was then created for the pharmacies. The experimental statements were then compared to the actual statements to determine the effects of the price controls. The comparison showed that all the pharmacies were following the same trend and had a decrease in net profit. Two of the pharmacies would have had a net loss for the year while the third will continue to show a net profit although much lower. This net profit decreased from 7% to 3% following a decrease in gross profit (GP) from 33% to 30%. The GP of the front sales shop remained unchanged, while the GP percentage for the dispensary decreased by 5% from 30% to 25%. The DuPont model showed that the Return on Equity (ROE) decreased from 83% to 33%. Drug price regulations could force many pharmacies into bankruptcy and ensure that the distribution of drugs to rural and remote areas will be financially impracticable. Once in place, the drug price regulations are likely to become ever more complex and onerous to comply with. The price regulations may end up reducing price competition among manufacturers, and in the long run, will harm the consumer by fixing prices above what would otherwise have been achieved in an open competitive market. The drug price regulations distort the normal market clearing process and effectively increase demand for medicine without providing the economic incentives that serve to match demand with supply. / Thesis (M.B.A.)--North-West University, Potchefstroom Campus, 2008.
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The effect of the drug price intervention on retail pharmacies in South Africa / S.A. Dodd.Dodd, Stanley Anthony January 2007 (has links)
In May 2004 there was a shake-up in the private pharmaceutical industry in South Africa. The National Department of Health (DOH) introduced a form of price control which for the first time attempted to regulate prices at every level of the pharmaceutical distribution chain. The price controls was immediately challenged and was not properly implemented until partially upheld by the Constitutional Court at the end of 2005. Throughout 2006 the DOH (through the Pricing Committee) reconsidered parts of the price controls, dealing with an appropriate dispensing fee for retailers, which were struck down by the Constitutional Court. In late 2006, a new dispensing fee was published and then immediately challenged. The DOH claims they had to do this to make sure that medicines remain affordable, and pharmacists at the end of the day get a reasonable income from each price band. The United South African Pharmacies (USAP) and the Pharmacy Stakeholders1 Forum (PSF) claim that implementation of the price controls would have pharmacies not being able to cover their expenses. The objectives of the study are to ascertain whether the price controls forced upon the healthcare industry by the DOH of South Africa is viable in small retail pharmacies and what the impact will be on small retail pharmacies and their communities. The actual annual income statements for 2006 of three typical pharmacies were obtained. The next step was to determine the effect that the price controls would have had on the total sales and key financial factors in the income statement if the price controls was already in force in 2006. A revised experimental income statement was then created for the pharmacies. The experimental statements were then compared to the actual statements to determine the effects of the price controls. The comparison showed that all the pharmacies were following the same trend and had a decrease in net profit. Two of the pharmacies would have had a net loss for the year while the third will continue to show a net profit although much lower. This net profit decreased from 7% to 3% following a decrease in gross profit (GP) from 33% to 30%. The GP of the front sales shop remained unchanged, while the GP percentage for the dispensary decreased by 5% from 30% to 25%. The DuPont model showed that the Return on Equity (ROE) decreased from 83% to 33%. Drug price regulations could force many pharmacies into bankruptcy and ensure that the distribution of drugs to rural and remote areas will be financially impracticable. Once in place, the drug price regulations are likely to become ever more complex and onerous to comply with. The price regulations may end up reducing price competition among manufacturers, and in the long run, will harm the consumer by fixing prices above what would otherwise have been achieved in an open competitive market. The drug price regulations distort the normal market clearing process and effectively increase demand for medicine without providing the economic incentives that serve to match demand with supply. / Thesis (M.B.A.)--North-West University, Potchefstroom Campus, 2008.
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Modelling of Solar Kilns and The Development of An Optimised Schedule for Drying Hardwood TimberHaque, M. Nawshadul January 2002 (has links)
This research examines the drying of hardwood timber with particular reference to seasoning blackbutt (Eucalyptus pilularis) in a solar kiln. The aims of this research were to develop an optimised drying schedule for drying blackbutt and to develop and validate a mathematical model for a solar kiln. In the first stage of this study, the cross-grain physical and mechanical properties were determined for blackbutt timber so that an optimised schedule (based on drying within a limiting strain envelope) can be developed using model predictive control techniques for drying 43 mm thick (green) blackbutt timber boards in solar kilns. This optimised schedule has been developed and tested in the laboratory. The drying time was 10% shorter for this schedule than the original schedule, compared with an expected reduction in drying time of 14% (relative to the original schedule). Overall the quality was slightly better and the drying time was shorter for the optimised schedule compared with the original schedule. A complete solar kiln model has been developed and validated based on comparisons between the predicted and the measured internal air temperatures, relative humidities and timber moisture contents. The maximum difference between the actual and predicted moisture contents was 0.05 kg/kg. The agreement between the predicted and measured temperatures of the internal air is reasonable, and both the predictions and measurements have a similar cyclical pattern. The generally good agreement between the model prediction of the final moisture content and its measurement may be due to the careful measurement of the boundary conditions such as the solar energy input. The key uncertainties were identified as the heat exchanger output, the measurement of the initial moisture content, the amount of accumulation of condensate on the floor, and the estimation of sky temperature. The significant uncertainty (18%) in the estimation of the initial moisture content is a key reason for the mismatch between the model prediction and the measurements. In terms of operating variables, the energy release rate from the heat exchanger had the greatest effect on the simulated performance, followed by the water spray and venting rates. The simulation suggested that a material with a lower transmissivity to thermal radiation may effectively lower radiation losses, improving the kiln performance, so such materials for glazing is a high priority.
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Metabolic disturbances in shift workers /Karlsson, Berndt, January 2004 (has links)
Diss. (sammanfattning) Umeå : Univ., 2004. / Härtill 4 uppsatser.
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Sleepiness - night work, time zones and activity /Eriksen, Claire Anne, January 2006 (has links)
Diss. (sammanfattning) Stockholm : Karol. inst., 2006. / Härtill 5 uppsatser.
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Eleverna kan för att de tror att de kan : En studie om sambandet mellan 50 barns självförtroende och prestation i läsning / The students' can because they think they can : A study about the correlation between 50 children’s self-confidence and achievements in readingÜnsal, Nathalie January 2015 (has links)
Studenternas kan eftersom de tror att de kan. - En studie om sambandet mellan 50 barns självförtroende och resultat i läsning. Syftet med denna studie är att undersöka sambandet mellan 50 barns självförtroende och prestationer i läsning med fokus på följande frågor: • Finns det något samband mellan de 50 elevernas självförtroende och deras prestationer i LUS? • Vilka slutsatser kan dras av jämförelsen mellan flickors och pojkars resultat i LUS och deras självförtroende? Undersökningen är baserad på 50 barns svar på enkäter om självförtroende och deras läs- och utvecklingsscheman. Den teoretiska ram bygger på de centrala föreställningar om självförtroende, prestationer och läsning, särskilt Taube (2007), McClelland, Abrahamsson & Andersen (2005), Liberg (2006) och Bråten (2008). Undersökningen visar bland annat att det finns ett samband mellan elevens självkänsla och deras prestanda i LUS. Korrelationen är högre för pojkar än för flickor i denna undersökning. / The aim of this study is to investigate the correlation between 50 children’s self-confidence and achievements in reading with a focus on following questions: Is there any connection between the 50 students' self-esteem and their performance in LUS? What conclusions can be drawn from the comparison between girls' and boys' results in LUS and their confidence? The investigation is based on the answers on surveys of 50 children and their reading and development schedules (in Swedish they are called läsutvecklingsscheman). The theoretical frame is founded on the central notions about self-confidence, achievements and reading, particularly Taube (2007), McClelland (Abrahamsson & Andersen 2005), Liberg (2006) and Bråten (2008). The investigation shows, among other things, that there is a correlation between the student’s self-esteem and their performance in the LUS. The correlation is higher for boys than for girls in this investigation.
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Solução de problemas complexos de programação através de regras desenvolvidas em tecnologia APSTuratti, Rangel January 2010 (has links)
O ambiente competitivo no qual as empresas estão inseridas é caracterizado por mudanças frequentes na demanda de seus produtos e por uma necessidade em reduzir custos. Para obter sucesso frente à concorrência, se faz necessário alcançar resultados através da melhoria do processo produtivo, oferecendo respostas mais rápidas a variações na demanda e com uma utilização adequada dos recursos produtivos. Neste contexto, a utilização de softwares Advanced Planning and Scheduling com regra personalizada de programação possibilita melhoria no planejamento e programação da empresa no sentido dos objetivos citados. A partir disso, este trabalho propõe uma sistemática de desenvolvimento e implantação de regras de programação personalizadas. Após, é apresentada aplicação de um caso prático no qual foram detalhadas todas as etapas propostas na sistemática, desde o entendimento das necessidades da empresa até a avaliação dos resultados obtidos. / The competitive environment in which firms operate is characterized by frequent changes in product demand and a necessity to reduce costs. To succeed against the competition, it is necessary to gain competitive advantage by improving the production process, providing faster responses to changes in demand and proper use of productive resources. In this context, the use of Advanced Planning and Scheduling software with custom programming rule allows improved planning and programming company towards the objectives mentioned. This study proposes a systematic development and deployment of custom programming rules, next it is presented a case study which detail the stages proposed in the systematic, from the understanding of the business requirement until the evaluation of results.
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Análise de ponto ótimo de realocação da alimentação primária para mineração em câmaras e pilaresVincenzi, Ricardo Andre January 2015 (has links)
O método de lavra câmaras e pilares é muito utilizado em minas de carvão subterrâneo, principalmente nos estados de Santa Catarina e Paraná, onde todas as minas subterrâneas utilizam este método. Vale ressaltar, porém, que o método apresenta recuperações de lavra abaixo de 50%, dependendo do tamanho dos pilares, e a produtividade é altamente dependente de uma boa concatenação das operações unitárias. Entre os aspectos relacionados à eficiência produtiva, a distância de transporte é um item preponderante no desempenho do sistema. Devido à profundidade da lavra, há um aumento do tamanho dos pilares de sustentação da mina, e assim, surgem problemas relacionados ao incremento no tempo de ciclo de transporte dos equipamentos. O aumento da distância de transporte entre uma frente de lavra com material desmontado e o alimentador/britador primário, reduz o resultado da produção de um conjunto de equipamentos. Em mineração a céu aberto, este tipo de problema é resolvido com o aumento da frota de transporte, todavia, na mineração de carvão subterrânea, não é possível aumentar de forma irrestrita a quantia de máquinas em subsolo, pois impactaria diretamente na necessidade de incremento da vazão de ar, assim como, limitação de espaço para o tráfego de equipamentos. A aproximação da distância do ponto de descarga para um local adjacente às frentes de serviço é uma alternativa para solucionar a necessidade de incremento da frota de produção. No entanto, o ponto de mudança deve ser avaliado de forma consistente para determinar o momento mais adequado para que essa reaproximação proporcione um resultado ótimo. Este estudo buscou compreender esta etapa necessária ao processo produtivo, utilizando técnicas de regressão para analisar o impacto da distância de transporte na capacidade produtiva. O problema foi modelado e foram propostas alternativas que forneçam um sequenciamento de lavra capaz de amenizar os problemas decorrentes do aumento da distância de transporte das frentes de lavra aos respectivos pontos de descarga. Os resultados demonstraram que a distância de transporte tem influência direta na produção, mas não somente a distância máxima, mas também, uma distância mínima que deve ser respeitada para obter maior produtividade quando se tem a associação de equipamentos de produção. É possível concluir com este estudo que a distância de transporte tem impacto relevante e deve ser considerada, não tão somente no sequenciamento, mas também no dimensionamento da frota e consequente capacidade produtiva. / The room and pillar mining method is widely used in underground coal mines. Santa Catarina and Paraná where all underground mines use this method. Indeed, the method has mining recoveries below 50% and the productivity is highly dependent on a good concatenation of unit operations. Among the aspects related to production efficiency, the transport distance is an important item on system performance. Due to the depth of the mine, there is an increment in the size of the underground supporting pillars, and consequently, problems related to the increase in equipment cycle times. The increase of the transportation distance between mining faces and the primary crusher reduces the result of a set of production equipment. In open pit mining, this problem is solved by increasing the haulage fleet, however, in the underground coal mining, the number of machines cannot be increased indefinitely because it would impact directly on the need of increased air flow. Therefore, the approximation of the distance from the discharge point to an adjacent location from the mining faces is an alternative to address the need of increased production fleet. However, the relocation point must be evaluated consistently to determine the most appropriate time to get the most from this approach. The goal of the study was to understand this imperative step for the production process, using regression techniques to analyze the impact of transport distance in productive capacity. Based on the experimental design used in this study, alternative proposals provide a mining sequence able to mitigate the problems from increasing transportation distance from mining faces to their discharge points. The results show that the transport distance has directly influence on the production, and it is not limited to the maximum distance. Likewise, a minimum distance must be respected for higher productivity when you have the combination of production equipment. So, it is possible to conclude that the transport distance has a significant impact and must be considered not only during the sequencing, but also when determining the fleet size and consequent production capacity.
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