Jornadas excepcionales de trabajo y descanso para faenas mineras de altura

2018 ◽  
pp. 101
Author(s):  
Miguel Acuña García

ResumenLas resoluciones de jornadas excepcionales son una facultad conferida por ley al Director del Trabajo, según el artículo 38 inciso 6º y 7º del Código del ramo, las que deben ser resueltas previa solicitud de los interesados. Sin embargo, existen algunas faenas mineras que se sitúan por sobre los 3.000 m. de altitud, estableciendo esta condición por sí misma, un factor de riesgo bastante serio de estimar a la hora de resolver dichas peticiones, puesto que la exposición permanente al trabajo sobre esta altura geográfca no sólo acarrea múltiples consecuencias negativas para la salud de los trabajadores que las desarrollan, sino que colateralmente se ve afectada la pervivencia de su propio grupo familiar, por el distanciamiento que ellas implican. El presente estudio tiene como principal motivación establecer un análisis crítico de las señaladas resoluciones tanto desde una perspectiva legal como constitucional, ya que sin duda que el autorizar trabajos en la altura señalada con permanencias superior a los diez días continuos de labores, puede signifcar no sólo una vulneración a derechos tan básicos como lo son la integridad física y psíquica de los trabajadores que las ejecutan, sino que incluso resulta un verdadero atentado a la pervivencia de su propio grupo familiar, lo que a todas luces es contradictorio con lo que el Estado debe resguardar.Palabras clave: Facultad discrecional- jornada excepcional- altitud geográfca- vulneración.ResumoAs resoluções de jornadas excepcionais são uma faculdade concedida por lei ao Diretor do Trabalho, segundo o artigo 38.º, inciso 6° e 7° do Código do ramo, as quais devem ser resolvidas previa solicitude dos interessados. No entanto, existem algumas fainas mineiras que estão acima dos 3.000 m. de altitude, defnindo esta condição por si só, um fator de risco muito sério de estimar na hora de resolver ditos pedidos, posto que a exposiçãopermanente ao trabalho sobre esta altura geográfca não só traz muitas consequências negativas para a saúde dos trabalhadores que as desenvolvem, mas colateralmente afeta a sobrevivência de seu próprio grupo familiar, pelo distanciamento que elas implicam. O presente estudo tem como principal motivação estabelecer uma análise crítica das resoluções tanto desde uma perspectiva legal como constitucional, pois sem dúvida, que o trabalho sem autorizar na altura sinalada com permanência superior aos dez dias consecutivos de estadias de trabalho, pode signifcar não só uma vulneração aos direitos básicos como são a integridade física e mental dos trabalhadores que as executam, mas também resulta ser verdadeiro ataque à sobrevivência de seu própriogrupo familiar, o que se contradiz claramente com aquilo que o Estado deve proteger.Palavras-chave: Faculdade discricional, jornada excepcional, altitude geográfca, vulneração. AbstractResolutions of exceptional working days are a power conferred by law to the Director of Labor, according to article 38, paragraph 6 and 7 of the Labor Code, which must be resolved upon request of the interested parties. However, there are some mining works that are located above 3.000 m. of altitude, and this condition establishes by itself, a quite serious risk factor to account when solving such requests, since permanent exposure to working on such geographical height not only carries multiple negative consequences for the health of workers that develop them, but collaterally affects the survival of their own family group, because of the distance they imply. This study has as main motivation the establishment of a critical analysis of the aforementioned resolutions from both legal andconstitutional perspective, since, without a doubt, authorizing work at the indicated heights, with staying longer than ten continuous days of work may involve not only a violation of rights as basic as the physical and mental integrity of the workers who execute them, but it may even result in a true attack to the survival of their own family group, which is clearly contradictory to what the State must protect.Keywords: Discretionary faculty - exceptional day - geographical altitude - violation.

Author(s):  
Mª del Carmen Pérez-Fuentes ◽  
José J. Gázquez ◽  
Mª del Mar Molero ◽  
Fernando Cardila ◽  
África Martos ◽  
...  

Adolescence is characterized by premature experimentation with new experiences and sensations. These experiences sometimes include drugs, which even though legal and socially accepted, begin to have noticeable negative consequences to the adolescent’s development. In recent years, a decrease in use of tobacco by Spanish adolescents has been observed, but not in alcohol. One of the causes of initiation in drug use is impulsive personality or behavior. Thus the purpose of this study was to analyze the relationship between impulsiveness and frequency of use of alcohol and tobacco in 822 students aged 13 to 18 years of age. The State Impulsivity Scale (SIS) and an ad hoc questionnaire on demographic characteristics and use of alcohol and tobacco were used for this. The results showed that students who stated they were users scored significantly higher on impulsivity. Thus detailed analysis of the profile of individuals with this risk factor could favor more adequate intervention program design.


Author(s):  
Mª del Carmen Pérez-Fuentes ◽  
José J. Gázquez ◽  
Mª del Mar Molero ◽  
Fernando Cardila ◽  
África Martos ◽  
...  

Adolescence is characterized by premature experimentation with new experiences and sensations. These experiences sometimes include drugs, which even though legal and socially accepted, begin to have noticeable negative consequences to the adolescent’s development. In recent years, a decrease in use of tobacco by Spanish adolescents has been observed, but not in alcohol. One of the causes of initiation in drug use is impulsive personality or behavior. Thus the purpose of this study was to analyze the relationship between impulsiveness and frequency of use of alcohol and tobacco in 822 students aged 13 to 18 years of age. The State Impulsivity Scale (SIS) and an ad hoc questionnaire on demographic characteristics and use of alcohol and tobacco were used for this. The results showed that students who stated they were users scored significantly higher on impulsivity. Thus detailed analysis of the profile of individuals with this risk factor could favor more adequate intervention program design.


2002 ◽  
Vol 21 (1) ◽  
pp. 83-100 ◽  
Author(s):  
Jonathan I. Robison ◽  
Gregory Kline

In health education and promotion, “risk factors” for disease gathered from epidemiological research form the basis from which the majority of recommendations to individuals for lifestyle change are made. Unfortunately, many health practitioners are unaware that this type of research was never intended to be applied to individuals. The result is ongoing public confusion and anxiety concerning health recommendations and a loss of credibility for health professionals. This article: 1) briefly reviews the most commonly encountered limitations inherent in epidemiological research; 2) explores the problems and potential negative consequences of incorrectly applying epidemiological research in health education and promotion; and 3) makes recommendations to help health practitioners more skillfully interpret and incorporate into their work findings from epidemiological research.


Author(s):  
Markus D. Dubber

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 6 undertakes a critical analysis of Jefferson’s 1779 draft of a criminal law bill for the State of Virginia, concluding that it fell well short of a criminal code that reflected the ideals of the American legal-political project as spelled out, for instance, in Jefferson’s Declaration of Independence of 1776.


Cells ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 933
Author(s):  
Fien Demeulemeester ◽  
Karin de Punder ◽  
Marloes van Heijningen ◽  
Femke van Doesburg

Emerging data suggest that obesity is a major risk factor for the progression of major complications such as acute respiratory distress syndrome (ARDS), cytokine storm and coagulopathy in COVID-19. Understanding the mechanisms underlying the link between obesity and disease severity as a result of SARS-CoV-2 infection is crucial for the development of new therapeutic interventions and preventive measures in this high-risk group. We propose that multiple features of obesity contribute to the prevalence of severe COVID-19 and complications. First, viral entry can be facilitated by the upregulation of viral entry receptors, like angiotensin-converting enzyme 2 (ACE2), among others. Second, obesity-induced chronic inflammation and disruptions of insulin and leptin signaling can result in impaired viral clearance and a disproportionate or hyper-inflammatory response, which together with elevated ferritin levels can be a direct cause for ARDS and cytokine storm. Third, the negative consequences of obesity on blood coagulation can contribute to the progression of thrombus formation and hemorrhage. In this review we first summarize clinical findings on the relationship between obesity and COVID-19 disease severity and then further discuss potential mechanisms that could explain the risk for major complications in patients suffering from obesity.


2021 ◽  
Vol 72 (5) ◽  
pp. 110-118
Author(s):  
M. Shkurat ◽  
K. Pavlotska

Analysis of the migration process of the Ukrainian population, which takes place within the state and at the international level during 2014–2019 is carried out in this paper. On the basis of scientific works of domestic scientists and institutes the problems which have not been investigated, and also aspects which have been solved partially are defined. The negative consequences of the Ukrainian migration process on the state of the country are identified. The classification of migration flows of the Ukrainian population according to the reasons of movement is carried out. The main regions and countries which, as of the beginning of 2021, are more attractive to compatriots and are characterized by significant influxes of Ukrainians are identified. The main centers of departure – regions and countries – which are characterized by high level of outflow of Ukrainians are determined, the main problems and reasons that motivate the outflow of Ukrainians are highlighted in this paper. The level of growth of the Ukrainian population in terms of migration flows is defined. The investigation of Ukrainian diasporas, territorial location and analysis of their share in comparison is carried out. The main factors that force the Ukrainian population to move, which affects the demographic situation in Ukraine, the level of employment, as well as the amount of cash flows to the country and the state of the economy as a whole are identified. The main regulations and identified solutions to the migration flows of the domestic population, which were approved and implemented in the period from 2001 to 2019 are compared in this paper. On the basis of current and newly introduced strategies, critical analysis of the ways of regulating the migration process of the Ukrainian population is carried out, the main aspects and problems of the implemented migration policy of Ukraine are determined. The results of the work are to identify the main ways to reduce the negative impact of the migration process on the country's economy and related processes, and strategies to benefit from the movement of citizens of Ukraine, namely: introduction of intellectual security, revision of wages by region, stimulating the process of attracting technology in all spheres of activity and formation of the social protection system.


2021 ◽  
Vol 29 (4) ◽  
pp. 759-782
Author(s):  
Sigrid Schmalzer

Abstract Scholars of Mao-era history adopt a wide range of approaches to the selection and treatment of source material. Some scholars regard published sources as propaganda, and therefore as biased and unreliable. For many, archival sources are the gold standard; others question the reliability even of the archive and favor materials that escaped the filtering fingers of the state to be found in flea markets or garbage piles. Avoiding the false choice of either accepting sources as received wisdom or dismissing them as biased, the author argues that how scholars read their sources is more important than which they keep and which they throw away. She advocates for a layered approach that accounts for contexts of production and circulation, and further emphasizes the need to make this process of reading sources visible in our writing. A critical, layered reading of three unlikely sources demonstrates the myriad possibilities for analysis that combines the empirical, the discursive, and the self-reflexive.


Sign in / Sign up

Export Citation Format

Share Document