Some legal issues relating to passive smoking at the workplace

This paper will discuss some of the current legal issues concerning passive smoking at the workplace. Employers who introduce 'No Smoking' policies must take care in the manner in which they introduce any rules and the extent to which the new rules affect those employees who have always been permitted to smoke at work. Changing the rules in an arbitrary fashion may give rise to claims for breach of contract. Smokers may also sue for constructive dismissal should the new rules be imposed in an unreasonable manner. But employers who have followed a fair procedure may have the right to discipline or finally dismiss any smoker who refuses to accept the new rules.

Alcoholism and drug abuse--some legal issues for employers

Three specific areas of the law concern employers faced with problems of addiction at the workplace. At common law an employer may be guilty of negligence where a person has suffered personal injuries or economic loss as a result of an act of negligence committed in the course of employment by an employee. An example would be an employee with a serious addiction to alcohol or drugs who caused an accident in the company car whilst on company business. Employers may also be guilty of a criminal offence for breach of a statutory duty. One such duty is to have a 'safe system of work'. Other statutory rights guarantee employees a right not to be unfairly dismissed and this includes employees with addiction problems. Lastly, employers must be careful not to break the contract of employment if, for example, an employee with an addiction problem were to be suspended from duty or have his company car withdrawn, even if this was a temporary measure only.

Physicians' attitudes toward substance abuse and drug testing

Responding to a survey, 303 physicians provided opinions about permissibility of substance use among eight occupational groups, appropriateness of drug-screening programs by employers, and the role of physicians in managing substance abuse problems. The majority felt that neither drugs nor alcohol should be used at lunch by any individuals, but that alcohol and to some degree marijuana use was permissible after work or on weekends. Physicians could not agree about reliability or use of drug-testing programs. However, most believed that employee drug screening was more appropriate after evidence of poor job performance rather than screening all employees or applicants.

Preemployment physical examinations. Report of a pilot program

1. Due to costly workers' compensation claims, the state of Arizona instituted a preemployment physical exam program for state jobs. 2. Thorough job analyses are conducted for working conditions and physical ability requirements on high risk jobs, and medical/physical guidelines are established for those jobs. Physical exams are specific for the job class. 3. The program is projecting a net annual savings of over $208,000 for workers' compensation back injury claims.

Technical workshop report: Working Group II: agricultural occupational health and safety services for farmers and ranchers

This work group felt that there is compelling evidence that effective occupational health services are essential to improve the serious occupational safety and health problems in agriculture. Program initiatives may be stimulated by federal and state governments, but development and implementation must involve the grassroots farm community and local resources. Other countries (Sweden, Finland, Canada) are far ahead of the United States in this area and serve as examples. Developing services should be comprehensive and should include clinical, technical, and educational efforts. Marketing programs to the public must include grassroots involvement. Surveillance and program evaluation are essential in any new program efforts. Funding such programs must be shared by federal, state, local, and private resources. Regulatory options should be a minimal part of such a program, but mandatory rollover protective devices and mandatory reporting seems to be one feasible regulatory option.

Statutory medical examinations and designated factory doctors in Singapore

This paper describes the system of statutory medical examinations introduced in Singapore since 1985 and the role of designated factory doctors, as well as the progress of the system, problems and issues involved. The basic objective of the system is to ensure that workers in special risk occupations are fit for such work. Factory workers exposed to any of 14 prescribed hazards must undergo specific medical examinations and tests by designated factory doctors who are trained and registered with the Labour Ministry. Abnormal work-related cases are notified to the Ministry for further investigation. Currently there are 330 designated factory doctors and each year, over 38,000 workers are examined, 88 per cent for noise exposure. The system provides opportunities for early detection of both occupational and non work-related abnormalities, individual counselling and timely preventive action. It also complements industrial hygiene monitoring activities in the evaluation of health hazards and promotes self-regulation. To enhance the effectiveness of the system, the doctors must be properly trained and some degree of supervision is needed, particularly with regard to accuracy and interpretation of laboratory results, emphasis on counselling and re-orientation and updating of knowledge.

[Clinical problems in patients who were exposed to carcinogens]

The study of carcinogenesis is most advanced in bladder cancer through the study of what is called aniline bladder cancer. Bladder cancer has also played a key role in introducing the concept of 'occupational' cancer. Industrial Safety and Health Law defines various chemical substances as carcinogens of 'occupational' cancer, many of which are related to the urinary tract tumor, including benzidine, beta-naphthylamine, alpha-naphthylamine, 4-aminodiphenyl, 4-netrodiphenyl, auramine, magenta, orthotolidine, dianisidine, dichlorobenzidine and paradimethylaminoazobenzene. When a patient has been exposed to any of these substances, a diagnosis of 'occupational' cancer is made after consultation in the Central Labor Standards Council. Few bladder cancer patients are acknowledged as victims of 'occupational' cancer. In most cases the cause of bladder cancer remains unknown. However, cases of cancer caused by chemical substances are increasing, and many other chemical substances are probably carcinogenic. Although regulations on 'occupational' cancer have been completed, there are many cases of inconvenience in practice. In this report I investigated into such clinical problems and also studied the above-mentioned carcinogens.

[Industrial medicine counseling in rehabilitation]

The present contribution seeks to outline the counselling possibilities on the part of the company medical service. Starting out from the legal bases (the Act concerning safety at work), the scope for action available internally and externally is examined. Towards the background of the assertion (which is in agreement with numerous other authors) that rehabilitation invariably means teamwork, the author seeks to describe the internally competent authorities and departments in terms of internal team, and to contrast it with the external team involved. A number of opportunities for cooperation are outlined, and already implemented practical approaches are pointed out. The company services are viewed in a community-based rehabilitation context, and the relationships with the financially responsible administrations and their facilities in respect of vocational and medical rehabilitation are set out. Systematic in-plant procedures are explained by a conceptual model, practical implementations (for ex. in the EAM system) are touched on.

[Employee protection and occupational medicine in Switzerland. Legal and organizational aspects]

The regulations aimed at protecting the health of workers are essentially contained in both the Labour Law (general hygiene, duration of work and rest periods, special protection of women and minors) and in the Law Governing Accident Insurance (prevention of accidents and professional illnesses). The employer is obliged to take all the necessary measures for the protection of his employees and to ensure the collaboration of the latter to this end. The National Insurance together with the federal and cantonal Labour Law enforcement agencies share the task of supervising the application of legal health protection. In particular, the National Insurance and the Confederation have a medical service at their disposal. In order to comply with requirements, large firms have their own health and safety service, some with an industrial physician. An ordinance which will oblige high risk firms or firms above a certain size to have resident industrial physicians as well as other labour safety specialists is at present being discussed. One of the aims of the proposed revision of the Labour Law is an improvement in the medical supervision of workers exercising their profession at night.