Documents Lewis, David L. 9 results

"This article explains the origin of the concept of employers' liability in 1837 and notes the various reasons for the failure of this liability to be developed during the 19th century. It proceeds to look at the context in which the Employers' Liability (Compulsory Insurance) Act 1969 was enacted, looking at the content of the Act and considering the environment at the time of its enactment, noting the then apparent imperfections in the legislation. The account then moves fast forward to the 21st century and questions whether the Act is now fit for purpose."

"Attention is increasingly being focused on leaking, whistleblowing and associated compliance and incentives questions. The authors outline the differences between leaking and whistleblowing, notably on protection of the disclosers. They review provisions of international conventions on human rights and corruption, and compare approaches to protecting freedom of speech in France, Germany, the United Kingdom and the United States. Their findings highlight the complex, sometimes conflicting issues involved: public, individual, commercial and financial interests; abuse of power; security; confidentiality; the individual as law enforcer; and the employment relationship."

"This article argues that employment tribunal adjudication may be both a difficult and ineffective mechanism for resolving whistleblowing disputes. The author asserts that, if disclosures of serious wrongdoing are to be encouraged, both the law and dispute resolution mechanisms need to be improved. Ideally, employers should have whistleblowing procedures which provide for conciliation, mediation and arbitration as alternative forms of redress for those who feel that their disclosures have not been dealt with properly or have allegedly suffered retaliation. Recognising that a legal obligation to have effective whistleblowing arrangements is unlikely to be imposed by law, the author suggests that alternative dispute resolution mechanisms should be made available where whistleblowing claims are lodged with employment tribunals. "

Fertilization of land with processed sewage sludges, which often contain low levels of pathogens, endotoxins, and trace amounts of industrial and household chemicals, has become common practice in Western Europe, the United States, and Canada. Local governments, however, are increasingly restricting or banning the practice in response to residents reporting adverse health effects. These self-reported illnesses have not been studied and methods for assessing exposures of residential communities to contaminants from processed sewage sludges need to be developed. Methods: To describe and document adverse effects reported by residents, 48 individuals at ten sites in the United States and Canada were questioned about their environmental exposures and symptoms. Information was obtained on five additional cases where an outbreak of staphylococcal infections occurred near a land application site in Robesonia, Pennsylvania. Medical records were reviewed in cases involving hospitalization or other medical treatment. Since most complaints were associated with airborne contaminants, an air dispersion model was used as a means for potentially ruling out exposure to sludge as the cause of adverse effects. Results: Affected residents lived within approximately 1 km of land-application sites and generally complained of irritation (e.g., skin rashes and burning of the eyes, throat, and lungs) after exposure to winds blowing from treated fields. ..."

"The Public Interest Disclosure Act only gives rights to workers and makes no mention of any connection with existing defamation provisions. However, whistleblowers and the media may have cause to fear the use alleged wrongdoers could make of the Defamation Act 2013. Having considered the human rights context, this article examines in detail whether or not current legislation strikes a reasonable balance between the rights of whistleblowers, alleged wrongdoers and the media. The author concludes that it is in society's interest that the balance should be tilted in favour of those who make and disseminate honest allegations even if they turn out to be unfounded. Since the media play an important role in pressing for investigations of concerns that are raised and publicising the fact that wrongdoing has occurred, they too should be protected unless malice can be established. "

"Labour market enforcement can be achieved through a variety of mechanisms. On the basis that inspectorates in the UK have been under‐resourced historically and that reliance on self‐regulation is particularly objectionable in sectors that have a record of providing low pay and poor working conditions, this article explores the potential for using whistleblowing by both workers and non‐workers as a method of enforcing labour standards. The author believes that, in principle, policing by inspectors working in conjunction with unions is particularly important in industries where small firms are prevalent and individuals may feel particularly vulnerable to retaliation if they speak up. Nevertheless, given the low likelihood of government inspections and low levels of unionisation in the private sector, it is suggested that enhancing the protection given to whistleblowers who report suspected wrongdoing might deter employer non‐compliance and prove cost effective."