Discovering Specific Conditions for Compliance with Soft Regulation Related to Work with Nanomaterials

At workplaces where nanomaterials are produced or used, risk assessment and risk management are extremely difficult tasks since there is still limited evidence about the risks of nanomaterials. Measurement methods for nanoparticles are contested and safety standards have not yet been developed properly. To support compliance with the legal obligation of the employer to care for safe workplaces a large number of ‘soft’ regulatory tools have been proposed (e.g. codes of conduct, benchmarks, standards). However, it is not clear whether and under which conditions soft regulation is complied with. This article discusses the potential advantages and drawbacks of soft regulation. It explores compliance issues when exposure measurement devices and other technology-related factors are involved. The exploration of three examples of soft regulation on occupational health and safety (a ministerial recommendation on preliminary exposure benchmarks, a nano-specific guidance of a chemical company and a public–private OHS guideline) shows that the capacity of the regulated parties to comply depends on the availability of appropriate technological devices and methods, technical expertise and other resources. When technological prerequisites are met, compliance is likely to increase.     

Suicide lié au travail et prévention

Regarding social law, work-related suicide can be qualified as a professional risk, in particular as a work accident. It's the option chosen by case-law. The idea is to compensate: qualifying suicide as a work accident provides a social security compensation to the suicided employee's family and, in certain cases, the possibility to sue the employer. But, this case-law does not really question the prevention of the suicide before its commitment. In Labour law, the employer's obligation to prevent risks must face the risk of work-related suicide.     

The European and Member States’ Approaches to Regulating Nanomaterials: Two Levels of Governance

The nanotechnologies and nanomaterials sector is a huge and growing industry. The amount of legislation already in place and still to be produced in order to regulate it will be very substantial. What process is used to produce such regulation? The answer is that very diverse regulatory approaches are and will be used. The approach taken by the European Commission diverges from the one taken by the European Parliament. Moreover, at national level, Member States add their own contribution to the process. This article attempts to describe the landscape and various regulatory actions that have been undertaken by all these actors in the European Union. It first describes the role played by the European Commission and Parliament. It then looks at specific regulatory initiatives from a more sectoral perspective: Cosmetics, Food information, Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment, Waste Electrical and Electronic Equipment and Biocides. The third part of the paper describes some major national initiatives, in particular those concerning the establishment of reporting systems for nanomaterials, mixtures, articles and consumer products containing them, as an example of how to improve the current governance in the EU and to prevent the risks to human health and the environment. The fourth part gives the perspective of the European Trade Union Confederation. Finally it presents some conclusions and policy recommendations, taking into consideration the diversity of regulatory approaches.     

Le geste suicidaire et la faute inexcusable de l’employeur

When a suicidal act is attributed to work, in addition to the qualification of a work accident, the employer's inexcusable fault, based on his obligation of safety, can be retained if the latter was aware of the danger incurred by his subordinate and did not take the necessary measures to protect him. Two points stand out. On the one hand, the risk of suicide is not always predictable, which leads to a more general thinking on its prevention. On the other hand, since 2015, two conceptions regarding the obligation of security have coexisted, new in labour law and, constant in social security law, with litigation falling under two separate chambers of the High Court. Three judgments from October 8, issued by the second civil chamber of the High Court appear to be moving towards a harmonization of case law. Consequently, their scope should be assessed, in particular regarding the preventive measures expected from the employer.     

Psychology doctoral training in work and health

Psychology as a profession has an opportunity and obligation to advocate for and develop healthy work environments. This will require the design and conduct of doctoral-level training in occupational health psychology. A model for training might well be based on the assumptions that there is a viable role for occupational health psychologists trained at the doctoral level for both academic and applied work settings, and that doctoral training would be based on the integration of health psychology and public health. Issues remaining to be addressed in the development of doctoral training programs include appropriate predoctoral training, academic standards, the interdisciplinary nature of faculties, and appropriate settings for training. Future directions in establishing doctoral training in occupational health psychology will best be taken in dialogue with several other professions and institutions that share a common interest in reducing leading work-related diseases and injuries and promoting public health in the workplace.     

Un point sur la responsabilité civile du fait des prothèses

The evolutions of the medical liability depend on the walking (step) of the jurisprudence, and on that of the European law. Crossings renewed the reflection on the consequences of the protheses failures, and make paradoxically return to the contractual obligation.     

The Morality of Refusing to Treat HIV-positive Patients

ABSTRACT Do physicians and nurses have an obligation to treat patients who are HIV-positive? Although an initial review of the possible sources of such an obligation yields equivocal results, a closer examination reveals a clear obligation to treat. The current risk of job-caused HIV-infection is not sufficient to warrant a refusal to treat. This is so because there exist rationally justified, general social, as well as specific peer expectations, that health care professionals treat HIV-positive patients. These expectations impose moral obligations on doctors and nurses. Moreover there is no sound libertarian argument entitling doctors and nurses to refuse to treat HIV-positive patients. A morally appropriate identification with his or her role would disincline a health care professional to refuse treatment to an HIV-positive patient. The likely source of such refusal is occupational alienation and an irrational reaction to AIDS symbolism.     

Mobiliser les arbitrages organisationnels pour prévenir les risques professionnels dans les espaces confinés : le cas des chantiers de réfection de canalisation en égouts

This contribution participates to the development of ergonomic contributions to the prevention of occupational risks in confined spaces, specifically in sewer pipe rehabilitation projects. The intervention deployed was structured around a participatory and collaborative approach involving all stakeholders in the project to sustainably improve the prevention of work-related accidents and musculoskeletal disorders among workers. Detailed analyses of workers’ activities coupled with a systemic analysis of the design and collective monitoring of the worksites were carried out. This made it possible to characterize the health and safety risks of site teams as products that compromise between several organizational requirements and situational constraints. Extended to the site manager, the analysis of his activity, although strategic, of anticipation and continuous design of intervention situations, proved to be limited by a vertical organization of the sites, which does not integrate his expertise. Based on the diagnosis, validated and shared by all, the prevention challenges were articulated with the performance objectives of the worksites in a perspective of co-design with and by the different hierarchical levels of the department. The intervention made it possible to collaboratively build new organizational rules that consider the concrete realities of the work of workers and site managers.     

Nanotoxicology and Ethical Conditions for Informed Consent

While their strength, electrical, optical, or magnetic properties are expected to contribute a trillion dollars in global commerce before 2015, nanomaterials also appear to pose threats to human health and safety. Nanotoxicology is the study of these threats. Do nanomaterial benefits exceed their risks? Should all nanomaterials be regulated? Currently nanotoxicologists cannot help answer these questions because too little is known about nanomaterials, because their properties differ from those of bulk materials having the same chemical composition, and because they differ so widely in their applications. Instead, this paper answers a preliminary ethical question: What nanotech policies are likely to contribute to society’s ability to give or withhold free informed consent to the potential risks associated with production and use of nanomaterials? This paper argues that at least four current policies appear to jeopardize the risk-disclosure condition that is required for informed consent. These are the funding problem, the conflict-of-interest problem, the labeling problem, and the extrapolation problem. Apart from future decisions on how to ethically make, use, and regulate nanomaterials, this paper argues that, at a minimum, these four policies must be modified. Government must spend greater monies on nanotoxicology; ensure independent nanotoxicology research; label consumer products containing nanomaterials; and avoid assuming that nanotoxicological properties are based merely on mass and chemical composition. Otherwise free informed consent to these new technologies and materials may be jeopardized.     

论患者的不真正义务

患者的不真正义务是法律没有规定且医患双方亦没有约定患者必须履行的,医方通常不得请求履行,而其违反也不发生损害赔偿责任,仅使患者遭受权利减损或者丧失之不利益的义务.主要包括患者的披露的义务、遵照医嘱的义务与签字的义务.患者的不真正义务是不同于患者给付义务和附随义务的一种独立义务.患者的不真正义务不应保护医方使其免于承担治疗失当的责任.     

Nanotechnologies and Novel Foods in European Law

Food is a big business in the EU and nanofood products are beginning to be placed on the market. It is still unclear whether the absence of minimum regulation at a global level promotes or prevents the growth of a market in nanofood. However, the development of an adequate risk management policy in relation to food safety is a key concern for consumers. Importantly, the European Parliament in its 2009 Resolution on “Legal aspects on nanomaterials” called for more in-depth scientific research on the toxicity of compounds in nanomaterials, and for the adoption of an EU definition of nanomaterials for regulatory purposes. Unfortunately, in 2011, nanotechnology led to inconclusive debates in the context of the revision of Novel Food Regulation. General Food Law applies to nanofood in terms of safety requirements, and specific rules also apply to food contact materials containing nanoparticles as well as to to additives, vitamins and minerals. The EU legislator also introduced mandatory labelling in respect of products derived from nanotechnologies. The legal framework is evolving according to the so-called “incremental approach”, a governance model that creates the risk of fragmentation. But the main problem is the inconsistent definition of the terms “nanotechnology” and “nanomaterials” when looking at the enforcement of regulations and the provision of a wide range of specific tools for different nanofoods: for example the use of positive lists of authorised substances applying only to food contact materials, additives and supplements. This contribution aims to review the regulations in force in respect to nanofood and novel foods and to highlight the problems that are still unresolved.     

Prévenir et agir sur les problèmes de santé au travail : les services de santé au travail à la croisée des chemins

This article presents an ongoing research regarding work-related health issues as they are perceived and identified by professionals practicing in occupational health services. The study is based on interviews with occupational doctors, nurses, technicians in prevention of occupational hazards and assistants, employed in two general services. The article starts with an overview of the recent changes in the workplace and in the practicing conditions of the professionals in the services. It then analyses the types of issues they identify among the employees they have in charge. Finally, the article examines the actions that can be done by the services, and the limitations of these actions. The professionals appear to be negotiating with various strains.     

Scientists’ Ethical Obligations and Social Responsibility for Nanotechnology Research

Scientists’ sense of social responsibility is particularly relevant for emerging technologies. Since a regulatory vacuum can sometimes occur in the early stages of these technologies, individual scientists’ social responsibility might be one of the most significant checks on the risks and negative consequences of this scientific research. In this article, we analyze data from a 2011 mail survey of leading U.S. nanoscientists to explore their perceptions the regarding social and ethical responsibilities for their nanotechnology research. Our analyses show that leading U.S. nanoscientists express a moderate level of social responsibility about their research. Yet, they have a strong sense of ethical obligation to protect laboratory workers (in both universities and industry) from unhealthy exposure to nanomaterials. We also find that there are significant differences in scientists’ sense of social and ethical responsibility depending on their demographic characteristics, job affiliation, attention to media content, risk perceptions and benefit perceptions. We conclude with some implications for future research.     

Community Organization and Planning Consultation

This paper focuses upon the role of the occupational therapist as a health agent with resultant responsibilities for participation in health planning and preventative program development. Included is a discussion of community problem solving methods, an overview of community organization, and principles of preventative intervention. A community-wide assessment methodology upon which to base planning decisions is presented. The principles of prevention, community assessment, and occupational therapy program development are emphasized through a discussion of a mental health model which evolved in a military community.     

Military service and moral obligation∗

The author investigates the view that there is a moral obligation to serve in the armed forces of the nation State of which one is a citizen resident (with special reference to young American men at the present time). It is conceded that under current law in this country there may be such a legal obligation, that many men may be obliged to render such service, and that under certain circumstances even a moral obligation to serve may also exist. What is denied is that any of the familiar theories of moral obligation is adequate in existing circumstances to establish this thesis in general. The result is either that a new theory of moral obligation must be developed to fit the current facts, or the present assessment of those facts must be fundamentally revised, or we must concede that draftees and men generally have no such moral obligation of service at all.     

Political Authority and Unjust Wars

Just war theory is currently dominated by two positions. According to the orthodox view (Walzer), provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” (McMahan, Fabre) whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, they acquire a pro‐tanto obligation to obey which does not depend for its validity on the justice of the cause being pursued. However, when the war is unjust, this obligation may be overridden, under certain conditions, by the obligation not to contribute to the unjustified killing of innocents. This is because (contra Raz) the pro‐tanto force of the duty to obey the law is best understood in terms of “presumptive”, rather than “exclusionary” reasons for action. This approach captures the insights of both the orthodox and the revisionist view, while avoiding the problems that afflict each of them.     

Justice,Wealth, Taxes

A story of rabbinic poverty relief serves as the fulcrum of this presentation of a rabbinic perspective on wealth and taxes. The rabbinic move, from biblical to Mishnaic law, places the obligation of poverty relief on the city and suggests that the institutions of the polis are the only way to achieve justice on this scale. However, the city must be aware of the individual Other in making policy. In essence the story suggests that when policies ignore the face of an individual stranger, they do not fulfill the demands of justice. This is the rabbinic attempt at threading the needle by walking in the tension between the obsessive asymmetry of the obligation towards the other person and the need for a larger more equitable system of justice which must (by definition) include others.     

L’expertise en ingénierie biomédicale ou du bon usage des dispositifs médicaux

How to limit the risks in the use of medical devices increasingly present in medicine an increasingly technologically complex? Simple and regulatory rules apply such as the CE marking. This becomes more complex when it is necessary to prove the compatibility of an assembly of several medical devices. The Vigilance on Medical Devices allows to alert after placing on the market when there has been an incident or a risk of incident on a failing medical device. Users training is one of the key point to control risks. Risk Training in specific fields such as the Electricity hazards associated with the use of electrical scalpels, laser-related hazards, electromagnetic fields, … is not sufficiently developed and renewed for good risk control. Finally, maintenance is a regulatory obligation and must be arranged for proper use of medical devices.     

Public Reason, Religious Restraint and Respect

In recent years liberals have had much to say about the kinds of reasons that citizens should offer one another when they engage in public political debates about existing or proposed laws. One of the more notable claims that has been made by a number of prominent liberals is that citizens should not rely on religious reasons alone when persuading one another to support or oppose a given law or policy. Unsurprisingly, this claim is rejected by many religious citizens, including those who are also committed to liberalism. In this paper I revisit that debate and ask whether liberal citizens have a moral obligation not to explain their support for existing or proposed laws on the basis of religious reasons alone. I suggest that for most (ordinary) citizens no such obligation exists and that individuals are entitled to explain their support for a specific law and to persuade others of the merits of that law on the basis of religious reasons alone (though there may be sound prudential reasons for not doing so). My argument is grounded in the claim that in most instances advocating laws on the basis of religious reasons alone is consistent with treating citizens with equal respect. However, I acknowledge an exception to that claim is to be found when using religious reasons to justify a law also implies that the state endorses those reasons. For this reason I argue that there is a moral obligation for some (publicly influential) citizens, and especially those who hold public office, to refrain from explaining their support for existing or proposed laws on the basis of religious reasons. I conclude by suggesting that this understanding of the role of religion in public political discourse and the obligations of liberal citizens is a better reflection of our experience of liberal citizenship than that given in some well-known accounts of liberalism.     

A Public Culture For Guinea Pigs: US Human Research Subjects after the Tuskegee Study

Abstract

Tissue engineering is one potential arm of the much-heralded regenerative medicine. We use the concepts of technological zone, risk framing and regulatory jurisdiction to analyse what risks are formulated in the zone of tissue engineering and whether those risks are reflected in emerging regulatory policy in Europe. In the regulatory jurisdictions of the European Union, public health risks have become increasingly important. Tissue engineering challenges pre-existing regulatory frameworks. Scientific–industrial actors formulate the risks of tissue engineering in three primary frames: technological safety risk; therapeutic efficacy risk; and economic risk. Study of the prevailing configuration of European Commission institutions and the EU process of regulatory regime-building for tissue engineering shows that risk frames are mobilized selectively. Whilst the technological safety frame and the economic frame are strongly mobilized, therapeutic efficacy—especially comparative efficacy—is not. Additionally the regime avoids any Europe-level position on the so-called ethics of sourcing and engineering tissues and cells. Efficacy and ethics are defined as the jurisdiction of national authorities, underpinned by the subsidiarity principle. Outcomes include the likely banning of certain therapeutic technologies by European countries that have objections to products deriving from controversial materials and processes, and the prevention of adoption of products due to efficacy concerns, so creating new imbalances in the European therapeutic marketplace. Consequently, the tissue-engineered medical products that European societies consume, at least in the near term, will reflect the medically defined needs of the European population to a limited and patchy extent.