Needlestick Safety and Prevention Act

2002 ◽  
Vol 22 (3) ◽  
pp. 141-145 ◽  
Author(s):  
Jim Chamblee
Keyword(s):  
Author(s):  
Toshihiro Horiguchi ◽  
◽  
Kenji Takanashi ◽  
Shoichi Sato ◽  
Naoki Sone

Children with disabilities are at high risk of being abused at school by their teachers. Based on legislation in Japan, the authors assessed the implementation of measures to prevent abuse and reasonable accommodations (arrangements) available at special needs schools in Japan. Government data has concentrated only on physical maltreatment by teachers; thus, we also collected grievances from parents to estimate the prevalence rate of abuse at special education settings. Of the 1,077 schools that were sent questionnaires, 333 completed them. Educational programmes for staff were the most common measure employed to prevent abuse. Various forms of support, including communication with internet-communication technology, were provided in relation to reasonable accommodations. After the implementation of the abuse prevention act for persons with disabilities, 14 (4.20%) schools reported grievances from parents claiming that their child had been bullied by teachers. Because Japan does not have educational inspection systems, such as the United Kingdom and the Netherlands, we assumed the incidence rate. Provided that all the grievances were related to abuse, the incidence rate was 0.02–0.05% (95% CI).


2020 ◽  
Vol 17 (1) ◽  
pp. 080
Author(s):  
Zaka Firma Aditya

Tulisan ini hendak membahas mengenai konsistensi putusan-putusan mahkamah konstitusi dalam pengujian undang-undang berdasarkan asas preseden. MK beberapa kali dipandang tidak konsisten karena kerap mengeluarkan putusan yang bersifat overrulling. Namun, sebenarnya tidak sedikit juga putusan MK yang konsisten mengikuti preseden. Meskipun penggunaan asas preseden hanya dikenal di negara yang menganut tradisi common law, MK ternyata juga menerapkannya. Putusan MK tentang pengujian UU Pencegahan Penodaan Agama adalah salah satu bentuk dianutnya asas preseden di MK. Putusan ini secara konsisten menyatakan bahwa UU Pencegahan Penodaan Agama tetap konstitusional karena akan terjadi kekosongan hukum apabila UU Pencegahan Penodaan Agama diputus inkonstitusional. Dalam perkara tersebut, MK mempertahankan ratio decidendinya terhadap konstitusionalnya UU Pencegahan Penodaan Agama karena meskipun MK sadar bahwa UU a quo banyak mengandung kelemahan. Konsistensi standing MK terhadap UU Pencegahan Penodaan Agama ini merupakan salah satu bentuk dari dipraktekannya doktrin preseden.This paper will discuss the consistency of the constitutional court decision in the judicial review cases based on the principle of precedent. MK several times deemed inconsistent because often issued a ruling that is overruling. However, there were actually a lot of MK decisions that consistently followed the precedent. Although the use of the precedent principle is only known in common law tradition, the Constitutional Court apparently also applies it. The Constitutional Court’s decision regarding the Blasphemy Prevention Act was one form of the principle of precedent in the Constitutional Court. This decision consistently states that the Blasphemy Prevention Act remains constitutional because a legal vacuum will occur if the Blasphemy Prevention Law was decided to be unconstitutional. In this case, the Court retained its ratio decidendi to the constitutionality of the Blasphemy Prevention Law, even though the Court was aware that the Law contained many weaknesses. The consistency of the Constitutional Court on the judicial review of the Blasphemy Prevention Act is one form of the practice of precedent doctrine.


Author(s):  
Kai Goebel ◽  
Ravi Rajamani

As the field of PHM matures, it needs to be aware of the regulations, policies, and standards that will both impose boundaries as well as provide guidance for operations. All three - regulations, policies, and standards - provide information on how to design or operate something, but with different degrees of enforceability. Policies include both public policies as well as organizational policies. Operators may be required to adhere to public policies(say, an environmental policy which provides guidance for the pollution prevention act (the latter is a US law)) whereas organisational often reflect policies that come out of strategic considerations within private organizations (such as maintenance policies). Regulations (such as aeronautics or nuclear energy) typically impose binding rules of engagement and are imposed by regulatory bodies that are responsible for a particular field. Standards, in contrast, are community-consensus guidelines that are meant to provide benefit to the community by describing best practices. Adoption of such guidelines is entirely voluntary but may provide benefits by not having to reinvent the wheel and for finding common ground amongst other adopters. Awareness of both guidelines and barriers will enable practitioners in adopting best practices within the legal constraints. This paper provides an overview of the current regulations, policies, and standards in the field of Prognostics and Health Management.


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