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PubMed1989

Human health: a surrogate for the environment. The evolution of environmental legislation and regulation during the 1970s.

Human health and threat to human health have been used repeatedly and, at times, deliberately, as surrogates for other desirable features of the physical environment in order to make environmental regulatory and legislative initiatives politically attractive. Since the decade of the 1970s, this strategy has been a successful one in terms of providing a persuasive politcal argument for environmental initiatives. At the same time, however, the use of a surrogate or "false colors" has had the unfortunate effect of raising and sustaining public fears and preoccupations which, in at least some cases, have probably diverted our attention away from more important contributors to disease and premature mortality.

Environmental Pollution↗
PubMed1992

Fair law, unfair practices? Benefiting from protective legislation for pregnant workers in Italy and France.

Protective Maternity Legislation (PML) for pregnant workers is well established in Italy and France, but little is known about the way it fulfils some of its aims, such as the protection of mothers' and babies' health and of the rights of women workers. In this paper, we present the results of two surveys, one carried out in Italy and the other in France, concerned with the implementation of these regulations. Results show that women who were regularly employed generally could benefit from PML, while non-eligible workers, most of them holding manual jobs, were not protected at all. Among eligible workers, inequalities existed: women with less qualified jobs and those employed in the private sector were less likely to benefit from the protective measures considered. A number of specific measures, such as the possibility of taking an early maternity leave for work reasons and of being moved to another job within the same firm were underused in both countries. Some limitations of PML are discussed, namely the fact it covers some but not all pregnant workers, that it ignores domestic work and the tendency to remove the pregnant worker rather than to modify her working conditions.

Adult↗
PubMedDate not supplied

Disability discrimination in nursing education: an evaluation of legislation and litigation.

The Americans With Disabilities Act of 1990, the Civil Rights Restoration Act of 1987, and Section 504 of the Rehabilitation Act of 1973 have created rights for students with disabilities who choose to pursue an education in the health care disciplines. These statutes have also created new concerns for nursing educators as they assess students' qualifications for admission, retention, or dismissal. This article explores legislation and the judicial interpretation of the laws that affect disabled students in health care professions. Specifically, the article reviews and analyzes the reported case law in which health care students have claimed discrimination against education programs because of their disabilities. The analysis considers the requirements of the institution to assess or recognize if the student has a disability; to determine if the student is otherwise qualified to perform the essential responsibilities of the student role; and to establish reasonable accommodations for the student's learning environment. Finally, current and future implications for nursing education programs are presented.

Architectural Accessibility↗
PubMed2005

A critical examination of arguments against bicycle helmet use and legislation.

In a recent paper published in Accident Analysis & Prevention, Curnow puts forward a number of arguments against legislating bike helmet use [Curnow, W.J., 2005 The Cochrane Collaboration and bicycle helmets. Accid. Anal. Prevent. 37(3), 569-573]. He begins by criticizing the scientific evidence that helmets protect against head and brain injuries. The crux of his argument is that in theory helmets should not protect all mechanisms of brain injury and, therefore, all epidemiological research showing they are beneficial in a variety of circumstances is invalid. This short communication identifies some of the questionable elements in Curnow's assertions.

Bicycling↗
PubMed2005

Evaluation of the California Safe Routes to School legislation: urban form changes and children's active transportation to school.

BACKGROUND: Walking or bicycling to school could contribute to children's daily physical activity, but physical environment changes are often needed to improve the safety and convenience of walking and cycling routes. The California Safe Routes to School (SR2S) legislation provided competitive funds for construction projects such as sidewalks, traffic lights, pedestrian crossing improvements, and bicycle paths. METHODS: A cross-sectional evaluation examined the relationship between urban form changes and walking and bicycle travel to school. Surveys were distributed to parents of third- through fifth-grade children at ten schools that had a completed SR2S project nearby. Two groups were created based on whether parents stated that their children would pass the SR2S project on the way to school or not. RESULTS: Children who passed completed SR2S projects were more likely to show increases in walking or bicycle travel than were children who would not pass by projects (15% vs 4%), based on parents' responses. CONCLUSIONS: Results support the effectiveness of SR2S construction projects in increasing walking or bicycling to school for children who would pass these projects on their way to school.

Bicycling↗
PubMed2004

Involuntarily and voluntarily admitted patients' experiences of psychiatric admission and treatment--a comparison before and after changed legislation in Sweden.

OBJECTIVE: The Swedish Compulsory Mental Care Act (LPT) of 1992 emphasises the participation of patients and relatives in the treatment of the patients. The purpose of this study was to compare patients' experiences under the LPT with patients' experiences under the previous law. METHOD: Samples of 44 committed patients and 40 voluntarily admitted patients in 1991 and 49 committed and 49 voluntarily admitted patients in 1997/98 were interviewed at admission and at discharge, or after 3 weeks of care. RESULTS: There were similar proportions of committed and voluntarily admitted patients, respectively, in 1991 and 1997/98 who reported participation in treatment planning and participation of relatives and who reported deprivation of liberty, but more committed patients in 1997/98 reported coercive measures. CONCLUSION: There were few differences of the patient's experiences between the study occasions. The fundamental aims of the legislation have not been fulfilled.

Adult↗
PubMed2006

Comparing two methods of measuring legislation compliance among indoor tanning facilities.

BACKGROUND: Accurate measurement of compliance by tanning facilities to indoor tanning legislation is important. OBJECTIVE: This study compared a telephone-based measurement procedure with a face-to-face visit. METHODS: Indoor tanning facilities (N = 115) in San Diego County, California, were contacted by two adolescents posing as prospective customers using each method. Two compliance variables were assessed: number of times one can tan during 1 week and written parental consent for minors. RESULTS: Facility compliance with the frequency variable by face-to-face and telephone was 25.5% and 17.5%, respectively. These rates for the parental consent variable were 73.3% and 80.8%, respectively. Percent agreement between data collection methods was 71.3% for compliance with the frequency recommendation and 76.3% for parental consent regulation. Although traditional statistical tests indicated poor concordance, an alternative test indicated good concordance. LIMITATIONS: Levels of concordance for the confederates differed. CONCLUSION: Telephone assessment of compliance is fairly comparable with the more labor-intensive, face-to-face assessment.

Beauty Culture↗
PubMed2005

Implementation of new legislative measures on industrial risks prevention and control in urban areas.

Incompatible at first sight, but vital to each other, the industry and the city have been developing a complex relationship for decades. From 1810 on in France, risk prevention and control in and around major industrial sites evolves step-by-step, learning from accidents. Land-use planning in the vicinity of SEVESO establishments becomes one of the key policies in the prevention of major industrial accident hazard on European level in 1996, focussing on historical situation of concern [M.D. Christou, S. Porter, Guidance on Land-use Planning as required by the council Directive 96/82/EC. Joint Research Centre, European Commission, 1999]. The Toulouse (F) accidents, on 21 September 2001 evidenced the need for new tools to reinforce protective action and ease the situation of clusters of factories engulfed in the urban setting. In France, new legislative measures adopted on 30 July 2003 deeply modified the approach to land-use planning around the main dangerous facilities (622 establishments). The implementation of technological risk prevention plans [Fr. "PPRT"] will limit the exposition of the population to the consequences of accidents. These plans, derived from the risk assessment (safety reports) produced by the operators of the hazardous facilities, will delineate areas within which requirements can be imposed on existing and future buildings and within which future building rights may be restricted. On the grounds of extremely serious danger that threatens human life, pre-existing constructions may be progressively expropriated. The financing of the corresponding measures, estimated a rough 2-4 billions euro, will be defined by agreements among the Central Government, the industrial company and the local and regional bodies.

Accidents, Occupational↗
PubMedDate not supplied

[Auditory requirement for group 2 vehicle driving licences. An update in accordance with valid legislation in Spain].

INTRODUCTION: Hearing loss level admitted for acquisition of Group 2 driving licences is actually 35%, but this measurement is not standarized. METHODS: In 35 drivers with Group 2 licence bearing of hearing loss, it was measured in the usual way -considering threshold as an average-, and also in accordance with valid legislation, which considers deafness when hearing thresholds are under 25 dB in each tone. RESULTS: Binaural hearing loss average was 41.3+/-6.3% for the first model, and 30.7+/-10.2% for the second. There was a good correlation between the two models by mean of lineal regression (y=1.4785x-30.382; R2=0.8467). CONCLUSIONS: In Group 2 licences, hearing loss average must be standarized in its quantifyng technique, because there is a wide difference in the results, depending on the model used to measure. In our country there are rules and regulations about quantifying for disable people, valid for establishing deafness measurement patterns in vehicle driving too.

Adult↗
PubMed2004

Australian physiotherapists and mandatory notification of child abuse: legislation and practice.

Child abuse is an international phenomenon occurring in all socioeconomic groups. Reports of child abuse continue to increase and many professionals are likely to see abused children and may be the first contact for an abused child. In addition, many health professionals and others are mandated in some Australian states to report suspected child abuse. However, the literature addressing the roles of Australian health professionals in child protection is limited. This paper informs Australian physiotherapists about child protection legislation, types of abuse, suspicion on reasonable grounds, and responding to a situation of suspected child abuse.

Australia↗
PubMed2001

[Medical training in the information society. Preparing legislation for health care revolution].

The information society is continuously pushing to a rapid change und updating of laws and training and qualification programs from which medicine is not excluded. This paper summarises the norms and laws applicable to telemedicine with three basic principles involved: medical practice, data management, and communication technologies. Following the subsidiary principle, the applicable legislative levels are: European Union, National, Autonomous Community, Medical Professional Colleges, and Local Medical Colleges. Contradictory and little innovative issues appear in the results and discussion sections of the deontologic codes, the pressing demand on doctors' awareness and to provide them with technical skills. An exhortation follows to work out an informative-ethic code for the telemedicine practice.

Access to Information↗
PubMed2004

Status of PCDD/F-emission control in Germany on the basis of the current legislation and strategies for further action.

The protection of environment from polychlorinated dibenzodioxin and -furan (PCDD/F) impacts, caused by a heterogeneous spectrum of thermal stationary sources and several others in chemical industry, bases on a comprehensive legislation in Germany. The results of this emission reduction strategy are presented by emission inventories for stationary, mainly industrial sources comparing in this paper data for emissions between 1994 and 2001. These results show that the implementation of best available techniques (BAT) at industrial sources for PCDD/F-reduction has been nearly fully exhausted at nearly all relevant sources and extensive overall emission reductions were achieved by the end of the 1990s. Further reductions for PCDD/F are needed for specific sources in metallurgical industries, especially sinter plants, and for domestic furnaces only. For coplanar PCBs (co-PCBs) almost no emission data are available from German sources; a few data from measurements of co-PCB have been published from two waste incineration plants. These measurements show that the emission limit value of 0.1 ng TEQ/m3 is not exceeded by co-PCBs in the waste gas in addition to the background PCDD/F concentration. As a consequence from the new appraisals for toxicity equivalences (TEQ) and tolerable daily intakes (TDI) of the World Health Organisation the Federal Environmental Agency in Germany discusses a level of 1 pg WHO TEQ/(kg(bw) d) as an acceptable limit value for adult's burden, taking into account, that this value is too much for children in the pre- and post-natal age and further action for PCDD/F- and co-PCB reduction is needed for the last sensitive group. As a summary can be reported that PCDD/F and co-PCB intakes into the nutrition chain could not have their origin from stationary industrial sources mainly. More attention should be given to more diffuse source such as residential combustion and others, which are more directly connected to the nutrition chain, like green food drying. Important effects could be expected by restrictions of PCDD/F impacts by regulations for control of feed, feed components and compounds feed for pigs and cattle.

Air Pollutants↗
PubMed2002

Tobacco industry strategies for influencing European Community tobacco advertising legislation.

Restrictions on tobacco company advertising and sponsorship are effective parts of tobacco control programmes worldwide. Through Council Directive 98/43/EC, the European Community (EC) sought to end all tobacco advertising and sponsorship in EC member states by 2006. Initially proposed in 1989, the directive was adopted in 1998, and was annulled by the European Court of Justice in 2000 following a protracted lobbying campaign against the directive by a number of interested organisations including European tobacco companies. A new advertising directive was proposed in May, 2001. We reviewed online collections of tobacco industry documents from US tobacco companies made public under the US Master Settlement Agreement of 1998. Documents reviewed dated from 1978 to 1994 and came from Philip Morris, R J Reynolds, and Brown and Williamson (British American Tobacco) collections. We also obtained approximately 15,000 pages of paper records related to British American Tobacco from its documents' depository in Guildford, UK. This information was supplemented with information in the published literature and consultations with European tobacco control experts. The tobacco industry lobbied against Directive 98/43/EC at the level of EC member state governments as well as on a pan-European level. The industry sought to prevent passage of the directive within the EC legislature, to substitute industry-authored proposals in place of the original directive, and if necessary to use litigation to prevent implementation of the directive after its passage. The tobacco industry sought to delay, and eventually defeat, the EC directive on tobacco advertising and sponsorship by seeking to enlist the aid of figures at the highest levels of European politics while at times attempting to conceal the industry's role. An understanding of these proposed strategies can help European health advocates to pass and implement effective future tobacco control legislation.

Advertising↗
PubMed1999

New issues and future legislation on biosafety.

The current debate on gene technology in Europe is reviewed with particular emphasis on the role of EFB and science in general. From this debate important lessons have been learned by scientists, industrial companies, legislators, parliamentarians and interest organisations. This gives confidence that the continued debate will eventually lead to public acceptance of gene technology even in the food area.

Biotechnology↗
PubMed2001

Legislation analysis according to WHO and INCB criteria on opioid availability: a comparative study of 5 countries and the state of Texas.

Opioids are not always available in many developing countries, including those in Latin America. In this study we analyzed the national laws on opioids and other controlled substances from Argentina, Colombia, Costa Rica, Peru, Mexico, and the state of Texas, according to the principles set by the World Health Organization (WHO) and the International Narcotics Control Board (INCB), as well as to the presence of over-regulations regarding their medical and scientific use. The six main principles outlined by WHO and INCB for opioid availability were analyzed by using a total of 17 criteria as shown in Table 3. The result scores ranged from 17/17 (full compliance with all criteria) to 0/17 (non-compliance). Results showed that with the exception of the state of Texas 16/17 (94%), the countries failed to adequately meet the INCB and WHO criteria: Argentina: 7/17 (41%); Colombia: 9 /17 (53%); Costa Rica: 9/17 (53%); Mexico: 4/17 (24%); and Peru: 7/17 (41%). In all 5 Latin American countries, national laws and regulations imposed limits on the number of days allowed for prescription, the potency of the dosage, and the number of doses allowed per day. In all cases, including Texas, there was confusion on the meaning and utilization of the terms physical dependence, psychological dependence, addiction, tolerance and abuse. In total, combining all cases, only 51% of the criteria were met. Additionally, all laws and regulations, especially in Argentina, include over regulations and statements that may further interfere with patient access to opioids. The prescription criteria were fully met by the state of Texas and all five countries. These results indicate that there is need to revise the existing laws and regulations in countries with opioid availability problems, and identify the potential barriers, which may be playing a significant role in the access to adequate treatment. Such review seeks to carefully consider all possible criteria, since partial resolution of legislative articles will not result in increased opioid availability.

Argentina↗
PubMedDate not supplied

[Compulsory vaccination programs in the light of legislation].

The adequate development of immunization programs deals with the problem of obtaining a good vaccination coverage, an essential aspect for the control and eradication of the disease in the population. One way of facing this deals with the implementation of coercion measures. The present paper analyzes Spanish legislation in force with regards to the possibility of applying compulsory vaccination programme in the general population and in specific subgroups.

Communicable Disease Control↗
PubMed2001

Food legislation and the protection of allergic and hypersensitive persons: an overview.

So far there are worldwide no legal instruments in protecting people against adverse allergic reactions to the consumption of foods. Instruments, which generally were developed for health protection in food legislation, are not suitable to regulate the protection of allergic persons because they automatically would exclude all protein-containing foods from commercial market. The only approach to an effective protection is to indicate the presence of adverse effect causing agents or ingredients on the label. This preventive instrument was developed by the Codex Alimentarius and led to an open "hit list" of ten Major Serious Allergens, which have to be labeled. The hit list principle was adopted by the EU-Commission as a draft for an EC-Directive. Unsolved problems are exeptions from the labeling requirement for refined oils and a minimum limit of adverse effect causing agents which do not require labeling.

Food↗