An Evaluation of Safety Training for a Diverse Disaster Response Workforce: The Case of the Deepwater Horizon Oil Spill

(1) Background: In this case study, we examined the safety-training-related experiences of individuals from six racial-ethnic groups (Asians (Vietnamese), Blacks, Hispanics, Isleños, Native Americans, and Whites) involved in the cleanup of the Deepwater Horizon oil spill. (2) Methods: We assessed, via a survey, 495 disaster response trainees’ reactions to the design and delivery of training, learning, safety performance, and injury and illness experience. (3) Results: Our results showed statistically significant racial-ethnic group differences with respect to reactions to training, components of learning (i.e., cognitive, skill, and affective), and safety performance (i.e., use of personal protective equipment, engaging in safe work practices, communicating of safety information, and exercising employee rights and responsibilities). In general, Asians and Isleños group members had lower reactions to training, self-reported learning, and safety performance. Additionally, we found that the safety climate interacted with learning to positively affect safety performance. (4) Conclusions: We discuss the implications of our findings for improving the quality of safety training in relation to addressing language and literacy concerns, developing training that is useful and engaging for volunteer and other cleanup workers from the contaminated region, and promoting a positive safety climate to enhance training transfer.

Criminalisation of seafarers - A New Zealand perspective

<p>Participants and observers of the maritime industry have been claiming a trend internationally towards criminalising the actions of seafarers in modern years. This trend has been apparent since the mid-20th century and has many vocal industry participants declaring that it is disturbing and negatively impacts the maritime industry as a whole, particularly when the blame of large-scale pollution events are placed on seafarers themselves. The International Transport Workers’ Federation (“ITWF”) highlights these industry concerns:¹ "In the modern maritime industry, reduced crews are expected to affect fast turnarounds and take ever greater responsibility for maritime security and pollution prevention. On the one hand they are subject to pressure from the company to remain economically competitive at all costs. On the other hand they face the threat of heavy-handed sanctions by States eager to find scapegoats for politically sensitive cases involving environmental damage." This paper looks at international discourse on this trend and examines whether it is reflected in New Zealand (“NZ”) by focusing on the statutory reality of the increasing criminalisation thesis. This maritime industry is largely regulated by the Maritime Transport Act 1994 (“MTA”). However, as with all jurisdictions, maritime specific laws do not exist in a vacuum. The MTA operates alongside maritime rules; the Crimes Act 1961; the Resource Management Act 1991 (“RMA”); anti-terrorism measures; health and safety legislation; employee rights; human rights; and international obligations. This research paper analyses the NZ dimension in the context of this international discussion. This paper has four main aims: 1) To isolate the areas where industry participants believe there is a trend towards greater criminalisation; 2) To analyse legislative and policy developments in NZ, focusing on the MTA and earlier legislation; 3) Determine whether NZ is following the international trend towards increased criminalisation of seafarers; and 4) Highlight infamous cases giving rise to liability in this area and hypothetically applies them to the NZ context. The bulk of this paper focuses on the second aim above: Part IV identifies five areas of criminal responsibility. Every maritime offence and crime in NZ legislation has been examined.² Part V is a forecasting exercise where I apply the facts of four international cases into the NZ framework and examine a ‘worse case’ scenario. This paper focuses on offences applicable only to seafarers (including masters) of merchant ships, in the course of their professional duties. There are sundry offences in NZ law which apply to “every person” but this paper only examines these in the context of seafarers’ professional duties. For example, offences under the recent legislation to combat piracy and terrorism through policing and border control – Maritime Crimes Act 1999 and Maritime Security Act 2004 – are outside the scope of this paper though both Acts are important pieces of legislation for NZ international obligations.³ I do not examine offences relating to harbour-masters; owners or employers of seafarers; warships or defence force members; port operators or facilities; pleasure craft; fishing boats; search and rescue operators; wrecks; nor marine structures and operations.⁴ Further, the paper does not look at the civil penalties for the same activities as examined in the criminal context, liability under the Maritime Insurance Act 1908, or the delegated authority of Maritime New Zealand (“MNZ”).⁵ This scope has been chosen due to the parallel international discussion and concerns with this subject. ¹ International Transport Workers’ Federation “Out of sight, out of mind: Seafarers, Fishers and Human Rights” June 2006 at 29. Challengers assert is that the “criminalisation of accidental pollution may discourage feedback regarding incidents, failures, and even accidents and so inhibit their prevention” as well as the increasingly employment costs that such criminal sanctions trigger: see Kyriaki Mitroussi “Employment of seafarers in the EU context: Challenges and opportunities” (2008) 32 Marine Policy at 1047. ² For ease of discussion, Part IV divides these areas into (1) health and safety offences (including pollution and hazardous cargo situations); (2) emergency situations, collisions or accidents; (3) employment rights and obligations; (4) financial and regulatory responsibilities; and (5) obligations involving the administration of justice. ³ See International Convention for the Safety of Life at Sea 1184 UNTS 1185 (opened for signature 1 November 1974, entered into force 25 May 1980). ⁴ See sections 31(4) and 71(1) of the Maritime Transport Act 1994 [hereinafter referred to as the “MTA”]; Maritime New Zealand v Page [2013] DCR 102; and Sellers v Maritime Safety (5 November 1998) CA104/98. ⁵ See Part 25 of the MTA.</p>

Criminalisation of seafarers - A New Zealand perspective

<p>Participants and observers of the maritime industry have been claiming a trend internationally towards criminalising the actions of seafarers in modern years. This trend has been apparent since the mid-20th century and has many vocal industry participants declaring that it is disturbing and negatively impacts the maritime industry as a whole, particularly when the blame of large-scale pollution events are placed on seafarers themselves. The International Transport Workers’ Federation (“ITWF”) highlights these industry concerns:¹ "In the modern maritime industry, reduced crews are expected to affect fast turnarounds and take ever greater responsibility for maritime security and pollution prevention. On the one hand they are subject to pressure from the company to remain economically competitive at all costs. On the other hand they face the threat of heavy-handed sanctions by States eager to find scapegoats for politically sensitive cases involving environmental damage." This paper looks at international discourse on this trend and examines whether it is reflected in New Zealand (“NZ”) by focusing on the statutory reality of the increasing criminalisation thesis. This maritime industry is largely regulated by the Maritime Transport Act 1994 (“MTA”). However, as with all jurisdictions, maritime specific laws do not exist in a vacuum. The MTA operates alongside maritime rules; the Crimes Act 1961; the Resource Management Act 1991 (“RMA”); anti-terrorism measures; health and safety legislation; employee rights; human rights; and international obligations. This research paper analyses the NZ dimension in the context of this international discussion. This paper has four main aims: 1) To isolate the areas where industry participants believe there is a trend towards greater criminalisation; 2) To analyse legislative and policy developments in NZ, focusing on the MTA and earlier legislation; 3) Determine whether NZ is following the international trend towards increased criminalisation of seafarers; and 4) Highlight infamous cases giving rise to liability in this area and hypothetically applies them to the NZ context. The bulk of this paper focuses on the second aim above: Part IV identifies five areas of criminal responsibility. Every maritime offence and crime in NZ legislation has been examined.² Part V is a forecasting exercise where I apply the facts of four international cases into the NZ framework and examine a ‘worse case’ scenario. This paper focuses on offences applicable only to seafarers (including masters) of merchant ships, in the course of their professional duties. There are sundry offences in NZ law which apply to “every person” but this paper only examines these in the context of seafarers’ professional duties. For example, offences under the recent legislation to combat piracy and terrorism through policing and border control – Maritime Crimes Act 1999 and Maritime Security Act 2004 – are outside the scope of this paper though both Acts are important pieces of legislation for NZ international obligations.³ I do not examine offences relating to harbour-masters; owners or employers of seafarers; warships or defence force members; port operators or facilities; pleasure craft; fishing boats; search and rescue operators; wrecks; nor marine structures and operations.⁴ Further, the paper does not look at the civil penalties for the same activities as examined in the criminal context, liability under the Maritime Insurance Act 1908, or the delegated authority of Maritime New Zealand (“MNZ”).⁵ This scope has been chosen due to the parallel international discussion and concerns with this subject. ¹ International Transport Workers’ Federation “Out of sight, out of mind: Seafarers, Fishers and Human Rights” June 2006 at 29. Challengers assert is that the “criminalisation of accidental pollution may discourage feedback regarding incidents, failures, and even accidents and so inhibit their prevention” as well as the increasingly employment costs that such criminal sanctions trigger: see Kyriaki Mitroussi “Employment of seafarers in the EU context: Challenges and opportunities” (2008) 32 Marine Policy at 1047. ² For ease of discussion, Part IV divides these areas into (1) health and safety offences (including pollution and hazardous cargo situations); (2) emergency situations, collisions or accidents; (3) employment rights and obligations; (4) financial and regulatory responsibilities; and (5) obligations involving the administration of justice. ³ See International Convention for the Safety of Life at Sea 1184 UNTS 1185 (opened for signature 1 November 1974, entered into force 25 May 1980). ⁴ See sections 31(4) and 71(1) of the Maritime Transport Act 1994 [hereinafter referred to as the “MTA”]; Maritime New Zealand v Page [2013] DCR 102; and Sellers v Maritime Safety (5 November 1998) CA104/98. ⁵ See Part 25 of the MTA.</p>

The role of unions in solving industrial relations problems at Pt. Pos Indonesia (Persero) Bandung Head Office

In this study the researcher wanted to know how important the roles carried out by trade unions for employees, as well as the problems related to industrial relations, where the problems of industrial relations became a hot issue discussed in the corporate environment. In this research, the role of trade unions and problems in industrial relations were examined. The object of this research is employees at PT. Pos Indonesia (Persero), the center of Bandung, has 80 people using census techniques. This study uses a questionnaire as a data collection tool. The test used to test the research instrument in the form of validity and reliability testing. Data analysis using simple linear regression analysis, correlation coefficient. The results show that the role of trade unions in solving industrial relations problems is in the sufficient category. The results of the calculation of the correlation, the variable union (X) against the variable industrial relations (Y) of 0.773 means that both variables have a positive and significant relationship. The coefficient of determination is 59.7% while the remaining 40.3% is influenced by other variables not examined in this study. Thus, the role carried out by trade unions is very important, but in carrying out its functions, trade unions have not been optimal in their duties to defend employee rights.

Some Some issues on the employee’s right to unilaterally terminate the employment contract under the 2019 Labor Code

Article 35 of the Vietnamese Constitution 2013 stipulates that "Citizens have the right to work, choose a career and workplace." This is one of the basic rights of citizens and is concretized by an array of different regulations to regulate the labor relations between employees and employers. Of the regulations, provisions on the employee's right to unilaterally terminate the employment contract are emphasized. Within the scope of this article, the author points out a number of issues which are associated with the employee's rights to unilaterally terminate the employment contract stipulated in the Labor Code 2019, specifically the provisions in Section 3, Chapter III. In order to clarify and deepen the issues, the author uses the comparison method between the provisions of the Labor Code 2019 and the provision of the Labor Code 2012, reviewing and analyzing the issues of grounds and procedures for exercising the right to unilaterally terminate the employment contract of the employee; rights and obligations of employees when unilaterally terminating the employment contract legally; rights and obligations of employees when unilaterally terminating the employment contract illegally. In particular, the issues of grounds for the termination of the employment contract, a notice period before the unilateral termination of the employment contract, severance allowances and unemployment benefits are analyzed thoroughly to highlight the positive points as well as the gaps that currently exist and affect employees and employers. Finally, the author gives a number of recommendations to improve the legal regulations, creating balance and stability in labor relations as well as sustainable development for the economy and society.

Powers of Trade Union Activists Engaged in Self-Employment – Assessment of Polish Legislation

The objective of the foregoing article is an analysis of the rights which the Polish legislature granted to self-employed trade union activists after the extension of coalition rights to these persons. In this regard, the trade union law extended to self-employed persons working as sole traders protection, which until 2019 was reserved exclusively for employees. Pursuant to the amendment of July 5, 2018, self-employed trade union activists were granted – based on international standards – the right to non-discrimination on the basis of performing a trade union function, the right to paid leaves from work, both permanent and ad hoc in order to carry out ongoing activities resulting from the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. The author positively assesses the very tendency to extend employee rights to self-employed persons acting as union activists. However, serious doubts are raised by the scope of privileges guaranteed to non-employee trade union activists and the lack of any criteria differentiating this protection. Following the amendment of the trade union law, the legislator practically equates the scope of rights of self-employed trade union activists with the situation of trade union activists with employee status. This is not the right direction. This regulation does not take into account the specificity of self-employed persons, who most often do not have such strong legal relationship with the employing entity as employees. The legislature does not sufficiently notice the distinctness resulting from civil law contracts, which form the basis for the provision of work by the selfemployed the separateness resulting from civil law contracts, which constitute the basis for the performance of work by the self-employed. According to the author, the scope of rights guaranteed de lege lata to self-employed union activists constitutes an excessive and unjustified interference with the fundamental principle of freedom of contract on the basis of civil law employment relations (Art. 3531 of the Civil Code). From the point of view of international standards, it would be enough to ensure the right of these persons to non-discrimination on the basis of performing a trade union function; the right to unpaid temporary leaves from work in order to perform current activities resulting from the performed trade union function; the right to high compensation in the event of termination of a civil law contract with a self-employed trade union activist in connection with the performance of his functions in trade union bodies and full jurisdiction of labour courts in cases arising from the application of trade union law provisions. The disadvantage of the regulation at issue is also that Polish collective labour law does not in any way differentiate the scope of the rights and privileges guaranteed to self-employed trade union activists, ensuring the same level of protection for all. In that area, it appears that the legislature de lege ferenda should differentiate the scope of that protection by referring to the criterion of economic dependence on the hiring entity for which the services are provided.

THE EFFECT OF THE ACTIVITIES WITHIN THE SCOPE OF THE 2023 EDUCATION VISION DOCUMENT ON TEACHERS’ PROFESSIONAL IMAGE PERCEPTIONS

This research aimed to present the effect of the activities conducted within the context of the 2023 Education Vision Document on the perceived teacher image by determining teachers’ perceptions in regards to the teacher image existing in today’s society. The qualitative research was conducted with the phenomenology design. The research group was composed of teachers (n=57) who completed a non-thesis master’s degree program in the field of Classroom Teaching at Amasya University, Institute of Social Sciences during 2016-2018 academic years. The research data were obtained from teachers’ written statements provided for the open-ended questions in the question form developed by the researcher. Content analysis method was used in the analysis of the collected data. While the participating teachers generally emphasized the sanctity of the teaching profession in their answers, they also stated that the perceived image of the teaching profession in today’s society was basically negative. The variables affecting the perception of the teaching profession in society were classified under the following themes: sociological changes, local practices, employee rights, policy makers, media, parents, students, teachers, teacher training and qualification of prospective teachers. Teachers’ suggestions to contribute to the image of the teaching profession were gathered under the themes of teacher motivation, teacher training, employee rights, media, innovative practices and training support for teachers. In the context of the obtained data, it can be argued that some of the actions have been put forward so far in regards to 2023 Education Vision Document, and the practices expected to be implemented in the near future will positively contribute to the perceived image of the teaching profession in society. Keywords: teacher image, teacher’ image perceptions, 2023 education vision document

COVID-19 PANDEMIC, CENSORSHIP AND LABOUR LAW PROTECTION IN POLAND – SELECTED ISSUES.

Covid-19 pandemic had a significant impact on many areas of human life, and above all, on the area of economic and professional activity. In particular, pandemic changed the labor market, not only in labor market mechanisms but also in fundamental labor laws. The global Covid-19 epidemic resulted in the Polish labor market - remote work, which was a response to the widespread closure of the country. Unfortunately, there also have been problems with the freedom of speech for employees during the coronavirus pandemic in Poland. The paper focuses on the topics mentioned above, stressing areas related to the security of employee rights that can be considered controversial.

Determinants and market performance of Fortune 100 best companies: evidence from Islamic perspective

Purpose Islam is valid for every place and time, and it promotes fair and equitable employees’ relations as an essential corporate social responsibility (CSR) policy for successful organisations such as Fortune 100 companies. Whence, this study aims to explore Fortune 100 best companies exhibit better market performance and capitalisation relative to other companies in relation to their employees’ satisfaction as a significant contributor to better performance. Design/methodology/approach This study conducts two-stage robust least square regressions analyses on Fortune’s best a sample of Fortune companies list in 2017. Findings Tests of differences in mean indicate that Fortune listed companies have superior profitability, liquidity and firm size compared with the control sample data set. The regression results are also robust to the use of different measures of market performance, such as market capitalisation, price/earnings ratio and price/book ratio, as well as to the potential endogeneity problem. This study also reveals the top 10 employers with the highest number of employees with their number of times being ranked in Fortune best companies. The result is in line and compatible with the concept of CSR in Islam perspective which encompasses legal, economic, ethical and philanthropic responsibilities (Maruf, 2013). Islamic CSR promotes the behaviour of brotherhood and justice to balance employee rights and better coherence between self-interest and altruism. With that, satisfied employees contribute to firm performance. Practical implications Overall, this study extends the insight that satisfied employees may, in turn, mean better market performances for a company. Originality/value The findings corroborate human relations theories, as well as from the Islamic perspective, employee satisfaction results in greater market performances.