• Title/Summary/Keyword: environmental health law

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Impact of the Smoke-free Law on Secondhand Smoke in Computer Game Rooms (금연정책 시행이 전국 PC방의 간접흡연에 미치는 영향)

  • Guak, Sooyoung;Lee, Kiyoung;Kim, Sungreol;Kim, Sungcheon;Yang, Wonho;Ha, Kwonchul
    • Journal of Environmental Health Sciences
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    • v.41 no.1
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    • pp.11-16
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    • 2015
  • Objectives: This study assessed the impact of the smoke-free law on secondhand smoke exposure in computer game rooms by measuring concentrations of particulate matter smaller than $2.5{\mu}m$($PM_{2.5}$). Methods: Indoor $PM_{2.5}$ concentrations were measured in 56 (during the smoke-free guidance period) and 118 computer game rooms (after the law went into effect) in four cities (Seoul, Cheonan, Daegu and Kunsan) in Korea. The number of smokers in the computer game rooms was also counted every five minutes. Results: Although a smoking ban had been implemented nationally, smoking was observed in 47% of the computer game rooms. Smoking density decreased from 1.62 persons per $100m^3$ during the guidance period to 0.32 persons per $100m^3$ after the smoke-free law. There is no statistically significant difference of $PM_{2.5}$ concentrations before and after the smoking ban. The $PM_{2.5}$ concentration was two times higher than the US NAAQS of $35{\mu}g/m^3$. The $PM_{2.5}$ concentration in computer game rooms without smokers was two times higher than the outdoor concentration. Conclusion: The smoke-free law in computer game rooms was complied with, even after the guidance period, in Korea. Indoor $PM_{2.5}$ concentration after smoke-free law implementation was high due to this non-compliance. High $PM_{2.5}$ concentration in computer game rooms without smokers might be due to smoking booths. The complete prohibition of smoking in computer game rooms should be implemented to protect patrons from secondhand smoke exposure.

Basic Principles for Establishing Legal Regime of Environmental Health in Korea (환경보건 관련 법제도 수립의 기본원칙에 관한 고찰)

  • Shim, Young-Gyoo;Park, Jeong-Im
    • Journal of Environmental Policy
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    • v.5 no.4
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    • pp.127-154
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    • 2006
  • It has been widely accepted that the environment is an important determining factor of human health. Appreciating the relationship between the environment and human health, Korean government has begun to deal with issues of environmental health. The government proclaimed the year of 2006 to be the first year of Environmental Health and established "The Environmental Health Plan for the next 10 Year". In order to achieve the goals in the plan, there are necessary considerations such as support systems for environment health related research, investigation, law, institution, administration, and so forth. This study suggests basic principles required to establish a legal regime of environmental health which is to implement the environmental health policies in Korea. Several cases of foreign legislation and policy relevant to environmental health are reviewed. Also, existing related legal system in Korea are analysed considering legal and institutional elements for establishing an effective environmental health policy. The main purpose of amending legal system related environmental health is to protect both public health and the soundness of ecosystem. To reach the goals effectively, the concept of 'environmental health' should be clearly established and presented. In addition, an advanced prevention system, including investigation and prevention of the cause of environmental diseases and risk assessment based on the precautionary principle, are substantial in the environmental health legislation. Also the environmental health law should guarantee public participation in decision making as well as the first consideration of susceptible or vulnerable population. This study concludes that the expected legislation related to environmental health should be a nonnative instrument not only for integrating each environmental protection scheme but also for establishing and implementing the policy.

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Review of a Tort Case regarding Liability for the Production of Air Pollutant-emitting Vehicles: Supreme Court Decision 2011Da7437, Decided on September 4, 2014 (자동차를 통한 대기오염물질의 배출에 따른 민법상 불법행위책임의 성립 여부: 대법원 2014. 9. 4. 선고 2011다7437 판결을 중심으로)

  • Lee, Sun Goo
    • Journal of Environmental Health Sciences
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    • v.42 no.6
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    • pp.375-384
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    • 2016
  • Objectives: This paper analyzes the intersection of tort law and environmental health in a recent court decision. Methods: This paper analyzes Supreme Court Decision 2011Da7437, Decided on September 4, 2014 and related lower court decisions. Results: The plaintiffs sought financial compensation from the defendants, arguing that air pollutants in gases emitted by vehicles produced by the defendants had caused them to acquire respiratory diseases. The district court highlighted the need to mitigate the burden of proof for the plaintiffs, but proceeded to review whether the plaintiffs proved the actual toxicity levels of the air pollutants, whether the defendant's vehicles were the main source of the emissions, the plaintiff's level of exposure to the pollutants, and causation between the emissions and the injury. By doing so, the district court required the plaintiffs to prove both indirect and direct facts of causation, increasing burden of proof for plaintiffs. The appellate court upheld the district court's decision, adding that the defendant's conduct did not constitute an illegal act because it did not violate the emissions standards set by environmental law. The Supreme Court upheld the appellate court's decision, reasoning that the epidemiological evidence cannot establish a direct causation for diseases that lack specificity. Conclusion: This case demonstrates that discussions in environmental health have significance in tort lawsuits. For each fact that the plaintiffs and defendants attempted to prove, environmental health research studies were offered as evidence. In addition, the courts decided the legality of the defendant's conduct based on emission standards set by environmental law.

A Study on Legal Limits of Occupational Safety & Health Law and Application of Private Standards (산업안전보건법의 한계와 민간기준의 활용에 관한 연구)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.24 no.2
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    • pp.103-112
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    • 2014
  • Objectives: The present system of occupational safety and health law gives priority to traditional command and control regulations. However, this may give rise to problems such as the delay of standard-setting and shortages of human resources. The aim of this study is to examine the usability of private standards in occupational safety and health systems. Materials: After the limits of occupational safety and health law were examined, an application plan for private norms (EN, as enforced in the EU) and occupational safety and health management systems (OSHMS) was investigated. Results: The utilization of private norms and OSHMS may address the limits of the current legal system. In particular, OSHMS is known internationally as a measure for achieving improvements in overall occupational safety and health performance. As a result, occupational safety and health law and private norms/OSHMS are complementary to one another. Conclusions: Even though the utilization of private standards may give rise to legal questions, such standards as complementary measures to traditional command and control regulations need to be utilized progressively in occupational safety and health systems.

The Chronic Health Effects of Work-Related Stressors Experienced by Police Communications Workers

  • Perez, Rodolfo A.;Jetelina, Katelyn K.;Reingle Gonzalez, Jennifer M.
    • Safety and Health at Work
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    • v.12 no.3
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    • pp.365-369
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    • 2021
  • Background: Law enforcement communications (i.e., 911 dispatch and call takers) is a challenging and stressful occupation. The purpose of this study is to identify the main stressors associated with employment in law enforcement communications, and to identify and provide context to how these stressors affect workers' health and wellbeing. Methods: This research study included focus groups with 23 call takers and 911 dispatchers employed by a large, urban law enforcement agency in 2018. Thematic analyses were conducted to identify trends. Results: Four themes of stressors emerged (i.e., the high stakes nature of some 911 calls for service, understaffing, supervisor-related stress, and recruiting practice). Two health-related themes emerged as being occupation-related: weight gain and poor sleep patterns/insufficient sleep). Specifically, participants reported negative eating habits resulting in weight gain and obesity, lack of sleep and irregular sleep schedules, and development of hypertension and/or diabetes since beginning their jobs. Conclusion: Law enforcement communications professionals experience a number of the same stressors facing law enforcement officers in patrol. These stressors, combined with the sedentary nature of the job, could result in long-term, chronic health problems.

Importance and Performance of Workplace Health Promotion Program in Occupational Nurses (산업간호사의 산업장 건강증진사업에 대한중요성 인지도 및 실천정도)

  • Han, Jung An;Park, Jeong Sook
    • Korean Journal of Occupational Health Nursing
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    • v.16 no.2
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    • pp.205-221
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    • 2007
  • Purpose: This research was to investigate the level of importance and performance of daily-activity and environment management related to workplace health promotion and knowledge and opinion of law and regulation related to workplace health promotion. Methods: The subjects were 218 occupational nurses all over the country. Questionnaires were made by the researcher. Data were collected from September 18 to October 20, 2006 and analyzed by SPSS WIN 12.0. Results: Prevention of accident and emergency treatment got the highest score in the awareness of importance. Regular check-up got the highest score in performance level. Providing and wearing of the personal protective equipments got the highest score both importance and performance level. In occupational nurses' knowledge about law and regulation, ratio of correct answer was 55 percentages that was low intellectual level. The mandatory employment of occupational health nurse or occupational nurse in 50 - 500 person workplaces got the highest score in revision opinion of law and regulations. Conclusion: Result of these studies will provide baseline data for selecting the order of priority according to awareness of importance of daily-activity, environmental management and law and regulation in the occupational health promotion and operating health promotion program.

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A Study on Problems and Improvement Measures of Occupational Safety and Health Law Policies in Korea: Focused on Administrative Rules and Guidelines (산업안전보건법정책의 문제점과 개선방안 - 행정규칙과 행정지침을 중심으로 -)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.28 no.1
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    • pp.18-34
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    • 2018
  • Objectives: This study aims to identify and solve problems in the consistency, procedural justification, effectiveness, and other matters concerning approaches to occupational safety and health legislation, administrative rules, and administrative guidelines. Methods: In this study of policy on the industrial safety and health law of Korea, problems were raised based on important information on the approach to occupational safety and health legislation and administrative guidelines such as notices, ordinances, and instructions, as well as on their interpretation and operation standards. Secondly, based on the identified problems in the occupational safety and health law policy, core practical methods to present improvement directions for occupational safety health policy in Korea were sought. Results: It is absolutely necessary to actively promote the infrastructure for occupational safety and health by developing and disseminating notices, guidelines, and manuals that act as contact points between laws and the field in various ways at the administrative institution level. In addition to sanctions, efforts to systematically guide and promote complex professional matters must be supported. Efforts should be made to strengthen administrative expertise so that administrative authorities can secure professional authority and fully enforce legal policies according to the purpose of legislation. In order to ensure the effectiveness of occupational safety and health law policies, it is necessary to shift the focus of the legal policy toward confirming and guiding substantial compliance with legal standards. Conclusions: As a result of the above efforts, when reliable occupational safety and health law policy is implemented, the understanding and acceptance of the legal policy for the administrative object will be increased, and the safety and health management of the enterprise will be maximized to its full extent.

A Study on the Measurement of Whole-Body Vibration in Some Coal-fired Power Plant Workers

  • Heo, Seung-Moo;Lee, Yun Keun;Park, Hee Sok
    • Journal of the Ergonomics Society of Korea
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    • v.32 no.4
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    • pp.341-344
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    • 2013
  • Objective: This study measured and evaluated the characteristics of the whole body vibration experienced in some coal-fired power plant in Korea. Background: Few studies have been carried out in Korea about the effects of whole body vibration of power plants on humans. Method: The evaluation scheme suggested by the Law of Noise and Vibration Control was applied. Results: It was found that 28.9% of total measurement points were above the limit suggested by the law. Conclusion: Many workers are exposed to whole body vibration during their job completion, and more efforts should be applied to prevention and control of the plat vibration.

Occupational Health Policies on Risk Assessment in Japan

  • Horie, Seichi
    • Safety and Health at Work
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    • v.1 no.1
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    • pp.19-28
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    • 2010
  • Industrial Safety and Health Law (ISH Law) of Japan requires abnormalities identified in evaluations of worker health and working environments are reported to occupational physicians, and employers are advised of measures to ensure appropriate accommodations in working environments and work procedures. Since the 1980s, notions of a risk assessment and occupational safety and health management system were expected to further prevent industrial accidents. In 2005, ISH Law stipulated workplace risk assessment using the wording "employers shall endeavor." Following the amendment, multiple documents and guidelines for risk assessment for different work procedures were developed. They require ISH Laws to be implemented fully and workplaces to plan and execute measures to reduce risks, ranking them from those addressing potential hazards to those requiring workers to wear protective articles. A governmental survey in 2005 found the performance of risk assessment was 20.4% and common reasons for not implementing risk assessments were lack of adequate personnel or knowledge. ISH Law specifies criminal penalties for both individuals and organizations. Moreover, under the Labor Contract Law promulgated in 2007, employers are obliged to make reasonable efforts to ensure employee health for foreseeable and avoidable risks. Therefore, enterprises neglecting even the non-binding provisions of guidelines are likely to suffer significant business impact if judged to be responsible for industrial accidents or occupational disease. To promote risk assessment, we must strengthen technical, financial, and physical support from public-service organizations, encourage the dissemination of good practices to reduce risks, and consider additional employer incentives, including relaxed mandatory regulations.