産業保健法学会誌 英文誌
Online ISSN : 2758-4755
Print ISSN : 2758-4771
早期公開論文
早期公開論文の6件中1~6を表示しています
  • Lisa RODGERS
    論文ID: oa.24-004
    発行日: 2024年
    [早期公開] 公開日: 2024/09/20
    ジャーナル オープンアクセス 早期公開

    The aim of this article is to investigate whistleblowing protection in the UK both theoretically and practically, focusing on the protection of whistleblowers when raising matters of health and safety during the pandemic. From a theoretical standpoint, it is argued that UK legislation on whistleblowing is skewed towards an understanding of whistleblowing as an exceptional individualised response to serious harm rather than as part and parcel of good management in the workplace. In practical terms, this is underscored by the structure of the whistleblowing legislation in the UK which focuses on remedy rather than prevention, internal rather than external reporting mechanisms and individual protection in the face of retaliation by employers. This structuring of the legislation has meant that despite the increase in whistleblowing claims arising in the wake of the pandemic, the success rate of those claims has been low. We are still some way from whistleblowing legislation acting as an effective means of the fight against corruption and as a contribution to the agenda of decent work for all.

  • Maheran MAKHTAR, Zuhairah Ariff ABD GHADAS, Khariyah MAT YAMAN
    論文ID: oa.24-006
    発行日: 2024年
    [早期公開] 公開日: 2024/09/20
    ジャーナル オープンアクセス 早期公開

    The issue of platform workers’ right to safe and healthy working conditions in Malaysia is an important one that cannot be overlooked from both a business and human rights perspective. As such, this paper aims to investigate the available options for regulators and policymakers to improve and expand the regulatory framework governing gig work, focusing on addressing the unique challenges platform workers face. Furthermore, this paper also delves into the impact of regulatory failure on atypical workers, emphasizing the gaps in coverage as well as enforcement inefficiencies that significantly impact workers’ safety and health while on the job. This paper highlights the importance of establishing comprehensive regulations protecting platform workers’ rights to safe and healthy working conditions. It also emphasizes that such regulations must be implemented effectively to safeguard against any potential violations or failures that could negatively impact workers’ well-being while performing their duties. Ultimately, stakeholders across various industries need to collaborate closely with regulators and policymakers to develop solutions that address these pressing concerns within Malaysia’s growing gig economy sector.

  • Meryem AYBAS, Doğa Başar SARIIPEK
    論文ID: oa.24-005
    発行日: 2024年
    [早期公開] 公開日: 2024/09/16
    ジャーナル オープンアクセス 早期公開

    As the service sector’s prominence in the labor force increases, the definition of occupational diseases expands beyond physical ailments to encompass psychological afflictions arising from workplace conditions. This shift in understanding is influenced by legislative criteria shaped by political decisions and public opinion. The World Health Organization’s emphasis on holistic well-being underscores the need to address psychological health in the workplace. Recent cases, such as the suicide of Efe Demir, highlight the detrimental impact of modern work environments on mental health. This paper explores the legal, social, and organizational implications of psychological attrition in the workplace, emphasizing the need for comprehensive strategies to safeguard employee well-being.

  • Shojiro YASUI
    論文ID: cr.24-003
    発行日: 2024年
    [早期公開] 公開日: 2024/09/12
    ジャーナル オープンアクセス 早期公開

    In April 2024, the Ministry of Health, Labour and Welfare of Japan introduced a novel approach to chemical hazard control at work that emphasizes employer autonomy. This study aims to describe the details of the new regulations and share lessons learned from the revision and issues to be resolved in the future. As the new regulatory framework for chemical hazard control is wide-ranging, this study focuses on providing hazard information, implementing risk assessments, introducing concentration criteria to prevent exposure to hazardous substances, and regulating hazardous substances with percutaneous absorption. This study explains the historical background of each regulation in contrast with the regulations of the European Union and the USA, followed by the details of current problems and the purpose of the amendment to resolve them. A discussion is provided to evaluate the key issues and challenges associated with the new regulations. This study outlines the following issues: (1) Using hazard criteria to designate substances subject to regulation in contrast to the traditional listing-up names of substances. (2) Introducing concentration criteria as exposure limits instead of the concentration level of the working environment, which is unique in Japan. (3) Developing measures to prevent health effects through dermal absorption of hazardous materials. The Conclusion section identifies the issues to be resolved, such as (4) the necessity of reinforcing hazard information through safety data sheets, as well as preserving confidential business interests, and (5) a system to ensure the quality of personal exposure monitoring.

  • Takashi KAWAMURA
    論文ID: ed.24-007
    発行日: 2024年
    [早期公開] 公開日: 2024/07/20
    ジャーナル フリー 早期公開
  • Diana KLOSS
    論文ID: sp.24-002
    発行日: 2024年
    [早期公開] 公開日: 2024/07/12
    ジャーナル フリー 早期公開

    In the UK, the government is increasingly focusing on occupational health (OH). Employers do not currently have a legal duty to provide medical care for their employees and, in fact, only about 50% of workers in the UK have access to OH services, principally those employed in large enterprises. OH services in any event do not provide clinical care which is made available free of charge through the National Health Service (NHS). General practitioners (GPs) are responsible for primary care under the NHS system. The NHS does not provide OH services, other than for its own employees and for a few employers who pay them for it. Most OH services are provided by commercial organisations for which employers must pay. OH has come to develop its own unique significance, especially in the prevention of occupational diseases. One of the reasons why occupational physicians are well utilized in the UK, even though it is not legally required to appoint them, is that employers are legally obliged to protect workers against work-related diseases and injuries, and they are useful as a risk hedge for employers. Also, health and wellbeing promotion leads to less sickness absence and greater productivity. As OH is not stipulated in the legal system, it has been developed as a business. The bulk of OH provision is the responsibility of nurses, technicians, physiotherapists, occupational therapists and counsellors, with services being led by a few physicians. OH nurses are respected by both labour and management and collaborate with related professions such as occupational psychologists and physiotherapists. Increasingly, OH services are multi-disciplinary. Universities and private commercial organizations are actively providing training. Certification for occupational physicians and nurses is provided by the Faculty of Occupational Medicine (FOM) of the Royal College of Physicians and the Nursing and Midwifery Council (NMC). It is also noteworthy that nurses and some other professionals are given the authority to write fit notes, which are equivalent to medical certificates in Japan, thus alleviating the burden on GPs.

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