scholarly journals A More Perfect Pickering Test: Janus v. AFSCME Council 31 and the Problem of Public Employee Speech

2020 ◽  
pp. 671 ◽  
Author(s):  
Alexandra Gilewicz
Keyword(s):  
Public Discourse ◽  
Public Employee ◽  
Equal Weight ◽  
Balance Test ◽  
Workplace Writing ◽  
Work Related ◽  
Public Sector Employee ◽  
Broad Interpretation ◽  
Employee Union ◽  
The Individual

n June 2018, the Supreme Court issued its long-awaited—and, for the American labor movement, long-feared—decision in Janus v. AFSCME Council 31. The decision is expected to have a major impact on public sector employee union membership but could have further impact on public employees’ speech rights in the workplace. Writing for the majority, Justice Samuel Alito’s broad interpretation of whether work-related speech constitutes a “matter of public concern” may have opened the floodgates to substantially more litigation by employees asserting that their employers have violated their First Amendment rights. Claims that would have previously been unequivocally foreclosed may now be permitted. This Note proposes a test to allow courts to meaningfully respond to this influx of claims. By explicitly incorporating the “social value” of public employee speech into the Pickering balance test as a factor of equal weight alongside the existing factors—the individual employee’s right to speech and the employer’s interest in operating an effective workplace—courts can make meaningful sense of the doctrinal conflict Janus created while also respecting and promoting the unique role public employee speech plays in public discourse.

Shoulder Pain at Work: Causation Analysis

2017 ◽  
Vol 22 (1) ◽  
pp. 11-16
Author(s):  
Joel Weddington ◽  
Charles N. Brooks ◽  
Mark Melhorn ◽  
Christopher R. Brigham
Keyword(s):  
Epidemiological Data ◽  
Case Law ◽  
Individual Case ◽  
Shoulder Injury ◽  
Work Related ◽  
Clear Cut ◽  
The Individual ◽  
Causation Analysis ◽  
Injury Causation ◽  
Relevant Factors

Abstract In most cases of shoulder injury at work, causation analysis is not clear-cut and requires detailed, thoughtful, and time-consuming causation analysis; traditionally, physicians have approached this in a cursory manner, often presenting their findings as an opinion. An established method of causation analysis using six steps is outlined in the American College of Occupational and Environmental Medicine Guidelines and in the AMA Guides to the Evaluation of Disease and Injury Causation, Second Edition, as follows: 1) collect evidence of disease; 2) collect epidemiological data; 3) collect evidence of exposure; 4) collect other relevant factors; 5) evaluate the validity of the evidence; and 6) write a report with evaluation and conclusions. Evaluators also should recognize that thresholds for causation vary by state and are based on specific statutes or case law. Three cases illustrate evidence-based causation analysis using the six steps and illustrate how examiners can form well-founded opinions about whether a given condition is work related, nonoccupational, or some combination of these. An evaluator's causal conclusions should be rational, should be consistent with the facts of the individual case and medical literature, and should cite pertinent references. The opinion should be stated “to a reasonable degree of medical probability,” on a “more-probable-than-not” basis, or using a suitable phrase that meets the legal threshold in the applicable jurisdiction.

scholarly journals Factors affecting retention in the Philippine National Rural Physician Deployment Program from 2012 to 2019: a mixed methods study

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Erika Louise L. Flores ◽  
Edric Matthew R. Manahan ◽  
Miguel Paulo B. Lacanilao ◽  
Isabella Ma. Beatriz T. Ladaw ◽  
Mico Martin B. Mallillin ◽  
...  
Keyword(s):  
Mixed Methods ◽  
Healthcare Providers ◽  
Well Being ◽  
The Philippines ◽  
Social Needs ◽  
Factors Affecting ◽  
Work Related ◽  
Universal Healthcare ◽  
The Individual ◽  
Rural Physician

Abstract Background To address the maldistribution of healthcare providers and the shortage of physicians in geographically isolated and disadvantaged areas of the Philippines, the Philippine National Rural Physician Deployment Program, or more commonly known as the Doctors to the Barrios (DTTB) program was established in 1993. However, as of 2011, only 18% of the DTTBs chose to stay in their assigned municipalities after their two-year deployment, termed retention. This study aims to identify the individual, local, work, national, and international factors affecting the retention of DTTBs in their assigned communities after their two-year deployment. Methods A descriptive, mixed-methods, explanatory design was used. For the quantitative part, the modified and updated Stayers Questionnaire was given to all current DTTBs present in a Continuing Medical Education session in the Development Academy of the Philippines. Descriptive statistics were then presented. For the qualitative part, individual, semi-structured key informant interviews were conducted in-person or via phone with current and alumni DTTBs from 2012 to 2019. Proceedings of the interviews were transcribed, translated, and analyzed thematically. Results 102 current DTTBs participated in the quantitative part of our study, while 10 current and former DTTBs participated in the interviews. Demographic factors and location, personal beliefs, well-being, friends and family dynamics, and perceptions about work were the individual factors identified to affect retention. Social working conditions, career development, and infrastructure, medical equipment, and supplies were among the work factors identified to affect retention. Geography, living conditions, local social needs, and technology were among the local factors identified to affect retention. Compensation, the recently signed Universal Healthcare Law, and Safety and Security were identified as national factors that could affect retention. International factors did not seem to discourage DTTBs from staying in their communities. Conclusions A host of individual, work-related, local, national, and international factors influence the DTTB’s decision to be retained in different, complex, interconnected, and dynamic ways. We also identified implementation issues in the DTTB program and suggested interventions to encourage retention.

scholarly journals Death following accidental compression of neck by safety harness: A case of fall from height

2021 ◽  
Vol 8 (4) ◽  
pp. 258-261
Author(s):  
Bedanta Sarma ◽  
Shreemanta Kumar Dash ◽  
Pankaj Suresh Ghormade
Keyword(s):  
Spinal Cord ◽  
Cervical Spine ◽  
Economic Burden ◽  
Construction Sites ◽  
Work Related ◽  
The Family ◽  
Different Types ◽  
Proper Training ◽  
Fall From Height ◽  
The Individual

Work related fall from height many a times causes fatal injuries and death amongst working in various construction sites. It leads to different types of fatal bodily injuries including spinal injuries causing economic burden to the family. Although, they have been provided with protective gears and proper training for its use; it has been observed that workers are not using these in a proper ways. They eventually met with accidents which can easily be prevented. Accidental compression of neck by safety harness following fall from height has rarely been described leading to death of the individual. A case was brought for autopsy following accidental compression of neck structure causing fracture of cervical spine and transaction of spinal cord. In this paper, the case has been described with its autopsy findings.

scholarly journals COMPARATIVE ANALYSIS OF FOREIGN AND DOMESTIC EXPERIENCE OF OUT-OF-SCHOOL EDUCATION DEVELOPMENT

2021 ◽  
Vol 1 (194) ◽  
pp. 134-139
Author(s):  
Larysa Kostenko ◽  
Keyword(s):  
Western Europe ◽  
State Regulation ◽  
School Education ◽  
European Countries ◽  
Children And Youth ◽  
Education Development ◽  
National Education ◽  
Work Related ◽  
The Individual ◽  
Out Of School

In the article, on the backgroung of historical and pedagogical analysis, the author made an attempt to compare foreign and domestic experience in the development of out-of-school education. Much has been done by educators and the European society to unite young people and prepare them for life in the European community. This is confirmed by the fact that in October 1991 a pan-European union of institutions and organizations of leisure for children and youth (EAICY) was established, of which Ukraine became an associate member. The author draws attention to the development of out-of- school education in the Central European countries belonging to EAICY: Bulgaria, Poland, Slovakia, the Czech Republic, which have common features, as each of them belonged to the so-called socialist camp. Among the countries of Western Europe EAICY includes: Belgium, Germany, Spain, the Netherlands, Portugal, France, Denmark. Among Eastern European countries, EAICY includes Latvia, Lithuania, Moldova, Ukraine, Estonia and Kazakhstan. The history of appearence and development of the system of out-of-school education and upbringing in these countries has not only national but also common roots, as each of these countries in the past was part of the USSR. Thus, there are common trends in the development of out-of-school education in European countries and Ukraine: focusing on the needs of the individual in socialization, life skills, gaining new knowledge, acquiring practical skills according to one’s interests, meeting the needs of the individual in creative self-realization, organization of meaningful leisure; state regulation of the organization of leisure time for children and youth in education is carried out in those countries where out-of-school education is a component of national education systems, has a clearly defined structure and activities; systems of purposeful organization of free time of children and youth, despite the peculiarities of directions, methods of activity, variety of forms and structure, have much in common in the content of work, related to the purpose and social educational problems. Domestic experience in the development of out-of-school education has retained its uniqueness in world practice.

State of Emergency and Humanitarian Law — On Article 75 of Additional Protocol I

1984 ◽  
Vol 24 (242) ◽  
pp. 263-273
Author(s):  
Géza Herczegh
Keyword(s):  
The Other ◽  
Strict Sense ◽  
Humanitarian Law ◽  
Narrow Sense ◽  
Law Of War ◽  
Legal Provisions ◽  
The Hague ◽  
The Law ◽  
Broad Interpretation ◽  
The Individual

In a rich and abundant literature on the subject of international humanitarian law, two trends in the interpretation of the term “humanitarian law” stand out: one takes it in its broad meaning, the other in a narrow sense. According to the definition by Jean S. Pictet, humanitarian law, in the broad interpretation, is constituted by all the international legal provisions, whether written or customary, ensuring respect for the individual and the development of his life. Humanitarian law includes two branches: the law of war and human rights. The law of war, still following Professor Pictet's definition, can be subdivided into two sections, that of The Hague, or the law of war, in the strict sense, and that of Geneva, or humanitarian law, in the narrow sense. It is often difficult to distinguish clearly between these branches of law, and especially between the law of The Hague and the law of Geneva, because of the reciprocal influence each has had on the development of the other, to the extent that some well-known experts considered the traditional difference between them out-of-date and superfluous.

An Evaluation of Burnout Among Foundation Doctors in Malta

2021 ◽  
Author(s):  
Marco Grech
Keyword(s):  
Work Performance ◽  
Medical Profession ◽  
Internal Validity ◽  
Personal Accomplishment ◽  
Cross Sectional ◽  
Work Related ◽  
Medical Trainees ◽  
Increased Risk ◽  
The Individual ◽  
High Level

Abstract BackgroundPostgraduate medical trainees are at an increased risk of burnout. Burnout has been defined as “a psychological condition of emotional exhaustion, depersonalization and reduced personal accomplishment occurring in people persistently exposed to emotional and interpersonal stressors at work”. It can arise either from within the individual, from the medical profession itself or from healthcare organisations. Burnout is associated with mental health issues in trainees, impaired work performance and suboptimal patient outcomes.MethodsA cross-sectional observational study of three cohorts of the Malta Foundation Programme was conducted using the Copenhagen Burnout Inventory (CBI) to evaluate incidence of personal-, work-related and client related burnout. The cohorts were at 3-months, 1-year and 2-years of training respectively. The CBI was administered via Google Forms after ethical clearance. Descriptive statistics and non-parametric comparative statistics were used to analyse the results through SPSS v25.0.ResultsA global response rate of 26.5% was achieved. CBI and its sub scales showed good internal validity. High scores for burnout in all three scales were identified except for client-related burnout in First Year doctors. Burnout peaked midway through the 2-year period. High numbers reported “feeling “tired” and “physically exhausted”. Males reported more burnout than females.ConclusionThe high level of burnout so early in the career of Maltese postgraduate medical trainees is of concern. More studies are needed on the causality of this burnout and what factors are associated with burnout in this population.

Architectural Expression of Public and Private Water Supply at Morgantina, Corinth, Athens, and Delos

1993 ◽  
Author(s):  
Dora P. Crouch
Keyword(s):  
Water Supply ◽  
Water System ◽  
Equal Weight ◽  
Ancient Greek ◽  
Public And Private ◽  
Greek City ◽  
Urban Amenity ◽  
Late Twentieth ◽  
Local Geology ◽  
The Individual

Water in ancient Greek cities can be considered under several rubrics— aesthetic enrichment of urban spaces, ornamentation of enclosed precincts, nuisance or danger in the form of flood or excessive storm runoff, domestic amenity, public ritual and spectacle, to name a few. This chapter focuses on public fountains, which were both amenity and necessity, contrasting them with the more humble domestic arrangements of the same cities. The appearance, function, and location of fountains cannot be understood as merely visual matters, even though the form and ornamentation of fountains made significant architectural and aesthetic contributions to the cityscape. Rather, understanding the local geology and climate and the principles of hydraulic engineering makes possible a new and clearer understanding of this architectural type. The technological and geological basis of water supply is of equal weight in urban development with the formal presentation of water as an urban amenity. Water management in ancient Greek cities expressed in its physical forms both the simplicity and the sophistication of their hydraulic technology. The physical arrangements were expressed in the same vocabulary of the Greek orders and decorative details that were used for other buildings and fittings, and in the same range of local and imported materials. Placement of the water system elements not only facilitated their use but also indicated the high value placed on water and on its use. The dangers of too much water or not enough were not only solved by Greek technological tradition but also expressed in the physical forms given to the individual parts and to the water system as a whole. Each of the water elements I have studied is simple, fulfilling its function economically, yet each is sophisticated enough that modern day practice is just beginning to catch up with these crafty ancients. For instance, having both the flowing water of fountains and wells, and the stored rainwater of cisterns, meant that the water supply of a Greek city was diversified for greater safety in time of war or shortage, and for ecological soundness. In the late twentieth century we are just beginning to understand the utility of redundancy.

Personality and boredom at work: the mediating role of job crafting

2019 ◽  
Vol 24 (4) ◽  
pp. 315-330
Author(s):  
Bogdan Oprea ◽  
Dragos Iliescu ◽  
Vlad Burtăverde ◽  
Miruna Dumitrache
Keyword(s):  
Job Crafting ◽  
Negative Consequences ◽  
Cross Sectional ◽  
Content Type ◽  
Work Related ◽  
Mediating Role ◽  
Cross Sectional Design ◽  
The Individual ◽  
The Relationship

Purpose Boredom at work is associated with negative consequences, therefore it is important to investigate whether employees engage in job crafting behaviors that reduce boredom and what are the individual differences associated with these behaviors. The paper aims to discuss these issues. Design/methodology/approach A questionnaire study was designed to examine the mediating role of job crafting in the relationship between conscientiousness and emotional stability and boredom among 252 employees (Study 1) and in the relationship between Machiavellianism and psychopathy and boredom among 216 employees (Study 2). Findings The results showed that conscientiousness is negatively related to work-related boredom. This relationship is mediated by job crafting. Neuroticism and psychopathy are positively associated with boredom at work, but these relationships are not mediated by job crafting behaviors. Research limitations/implications The study was based on self-reported measures, which might raise questions of common-method bias, and the research samples contained mostly women and young employees, which raises questions about generalizability of our findings. At the same time, the cross-sectional design does not allow causal inferences. Practical implications Organizations can select employees based on their personality for jobs that predispose to boredom and give them enough autonomy to be able to craft them. Moreover, they can identify employees who need support to manage their boredom and include them in job crafting interventions. Originality/value Traditionally, boredom at work has been considered as resulting from characteristics of tasks and jobs. The findings indicate that some employees can make self-initiated changes to their work in order to reduce their boredom and possibly its negative consequences.

scholarly journals The prevalence and risk factors of work-related musculoskeletal disorders among adults in Ethiopia: a study protocol for extending a systematic review with meta-analysis of observational studies

2020 ◽  
Vol 9 (1) ◽  
Author(s):  
Tsiwaye Gebreyesus ◽  
Kalkidan Nigussie ◽  
Moges Gashaw ◽  
Balamurugan Janakiraman
Keyword(s):  
Risk Factors ◽  
Systematic Review ◽  
Musculoskeletal Disorders ◽  
Observational Studies ◽  
Meta Analysis ◽  
Work Related ◽  
Work Related Musculoskeletal Disorders ◽  
Abstract Data ◽  
Size Type ◽  
The Individual

Abstract Background Work-related musculoskeletal disorders impose a significant and most often underappreciated burden to the individual, nation, healthcare system, and society as a whole. To the best of our knowledge, there is a lack of reliable estimates on the prevalence of work-related musculoskeletal disorders in Ethiopia. The objective of this study will be to assess the existing literature on the prevalence rates and determinant factors of work-related musculoskeletal disorders in Ethiopia. Method We will search PubMed/MEDLINE, Embase, SCOPUS, PsycINFO, PEDro, and Ebsco (from January 2000 onwards). Gray literature will be identified through searching Google Scholar and dissertation databases. Observational studies reporting on the prevalence of work-related musculoskeletal disorders among adult Ethiopians will be included. The primary outcome will be the prevalence of work-related musculoskeletal disorders. Secondary outcomes will be the prevalence of any risk factors in association with work-related musculoskeletal disorders. Two reviewers will independently screen all citations, full-text articles, and abstract data. The study methodological quality (or bias) will be appraised using an appropriate tool. If feasible, we will conduct random effects meta-analysis of observational data. Subgroup analyses will be conducted to explore the potential sources of heterogeneity (e.g., gender, sample size, type of occupation). Publication bias and heterogeneity between the included studies will also be assessed and reported. Discussion This systematic review will provide a synthesis of the literature on the prevalence of work-related musculoskeletal disorders and their risk factors in Ethiopia. The results of this review could help the policymakers in occupational health and healthcare sectors in identifying priority areas for interventions in work-related musculoskeletal disorders and will also serve as a baseline for the decision-making processes of musculoskeletal health promotion, work exposure implementations, and prevention programs in workplaces. Systematic review registration PROSPERO, CRD42020164240

scholarly journals Challenging Cognitive Demands at Work, Related Working Conditions, and Employee Well-Being

2018 ◽  
Vol 15 (12) ◽  
pp. 2911 ◽  
Author(s):  
Sophie-Charlotte Meyer ◽  
Lena Hünefeld
Keyword(s):  
Well Being ◽  
Job Characteristics ◽  
Ordinary Least Squares ◽  
Work Characteristics ◽  
Work Demands ◽  
Working Population ◽  
Cognitive Demands ◽  
Work Related ◽  
Cognitive Work ◽  
The Individual

In times of digitalized workplaces the extent of challenging cognitive demands at work is rising and employees increasingly have to manage new and unlearned tasks. Yet, these work characteristics have received little attention on how they relate to the worker’s well-being. Thus, we analyze associations between cognitive work demands—also in interaction with other job characteristics—and indicators of employee well-being. The analyses are based on the BIBB/BAuA Employment Survey 2018, a cross-section that is representative for the German working population and covers approximately 20,000 employed individuals. Ordinary least squares (OLS) regressions suggest that cognitive demands are associated with a higher probability of feeling fatigued. In contrast, the results with respect to the employees’ self-rated health status and job satisfaction are ambiguous, depending on which cognitive demand is considered. Overall, the findings indicate that cognitive demands might be related to both resource and demand, depending on the individual resources of employees.

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