Friday, February 14, 2020

Health and Safety Strand Essay Example | Topics and Well Written Essays - 6500 words

Health and Safety Strand - Essay Example However, they may not know the immediate cause. It is indicated that most of them may not actually know that the vibration exposure may be the main cause. Hands to arm vibration on the other hand occur when individuals hold vibrating machines. However, such vibrations are not of high magnitude compared to that causing whole body vibration. Nevertheless, it has effects on the body especially when it is uncontrolled. It may cause loss of decreased grip and hand sensation. It has also been said to cause carpel tunnel syndrome. This happens when pressure on the median nerve causes numbness and weakness on fingers and hands. Apart from the above mild health problems, research conducted in the Europe and Australia have indicated presence of some of the fatal ailments. Both studies agree that mental disorders, cardiovascular diseases and occupational cancer as some of the most likely health problems. With lack of legal measures controlling the exposure to vibrations, it has become difficult to control these effects. However, many critics agree it is almost impossible to prevent machines from vibrating. It will therefore be difficult to protect employees from these harmful exposures. However, the researchers have indicated job rotation and reduced duration of exposure as some of the ways to mitigate this effect. (i) Describe the nature of occupational vibration exposure and the health effects of exposure to vibration; provide researched examples of affected workers or groups of workers Literature review Vibration exposures as indicted above should not be taken for granted. Majority of employees are not aware of the health effects of exposure to vibrations (Seidel 2000, p.26). Through they may experience complications from time to time; they might note relate them to vibrations. There are several studies, which have been carried out in a view to study the relationship between vibration exposure and health effects (VIBRISKS 2007, p.89). Most of those studies agree on one issues; that exposure to constant and persistent vibrations can result in fatal ailments. In 2008, the Australian Safety and Compensation Council (ASCC) decided to find out how its workers were being affected in terms of health due to vibration exposures. The council decided to carry out a survey with the help of National Hazard Exposure Worker Surveillance (NHEWS) team. The main target subjects were workers in the farming, fishing, transport, industrial and the shipping sectors. These are the main occupations where individuals are more likely to be exposed to some kind of vibration (Macias 2007, p.90). The main reason for conducting the study was to find out whether the increased number of diseases such as occupational cancer and cardiovascular was in any way linked to the continued exposure (Paoli 2001, p.57). A sample of about 4,500 workers from the sectors indicated above was selected for the study. The researchers used the random sampling method to ensure that all subjects wer e given equal chance to participate in the study. Telephone calls were made randomly to the employees where they were asked questions about their occupation and how long they had worked. Secondly, the researcher wanted to know whether individuals understood the effects of vibrations on their health. Thirdly, subjects were asked to state some of the ailments they had been diagnosed with in the recent past. The research findings found that all the subjects were involved in one form of

Saturday, February 1, 2020

Property Law Essay Example | Topics and Well Written Essays - 1250 words

Property Law - Essay Example 4. On this account, Leo gave Sonya a cheque of ? 100,000 on his own current account and a note saying that his share of the house was hers. He gave Sharon the key to a tin box under his bed saying that the contents were for her. He gave Ben his accounts business card telling him to contact the accountant who had his entire share certificate so that he should get ownership of them, selling them and thereafter give the proceeds in equal shares to Sharon and Sonya. 5. Leos tin contained a cheque for winnings from national lotto, a set of keys to his villa in Argentina, s set of keys to his car and a bag of Argentinian money. 6. Leo recovered from his illness, however on leaving the door for his first walk, part of the roof fell on him and killed him. 7. Ben sold the shares and used the proceeds for a holiday. The Law: In particular, I rely upon the following laws and case laws. 1. Re Craven Estates (No 1) (1937) I Ch 423, HC 2. Re Beaumont (1902) 1 CH 889 3. Cain vs. Moon (1896) 2QB 283 4. Wilkes vs. Allington (1931) 2 CH 104 5. Birch vs. Treasury Solicitor (1950) 2 All ER 1198 6. Re Lilingstone Deceased (1952) All ER 184 7. Woodard vs. Woodard (1991) The Times, 18th March CA. 8. Sen vs. Headley, (1991) CH 425 9. Stock Transfer Act of 1963 10. The Wills Act of 1837 11. Agnew vs. Belfast Banking Co. (1896) 2 IR 204 12. Re Dudman (1925) 1 CH 553 Donatio Mortis Causa: 1. The gifts under this case are known as donation mortis causa. These gifts are conditional and possession take place after the death of the donor.The Wills Act of 1837 allows the issuance of such gifts.Farley (2002) notes that in the case of Re Craven Estates, the court held that a person is not allowed to dispose of his property after death under British laws but an exemption is provided for by the Wills Act of 1837 (p.45). But this principle of donation mortis causa is an exemption as provided by the same act of 1837. 2. In Re Beaumont, the court held that Donatio Mortis Causa is a singular form of gift and is amphibious nature. It is neither inter vivos nor testamentary and the recipient is entitled to the gift after the donor dies (Jackson, 1972). 3. Keeton (1968) by using the case of Cain v Moon observes that for a gift under donation mortis causa to be valid it must satisfy the following conditions, the gifts must be made in contemplation of death and not necessarily expectation (p.61). The recipient must receive the subject matter of the gift and there must be a condition that the gift reverts back to the donor in case he recovers. 4. The validity of donation mortis causa does not depend on whether the donor died of the anticipated cause, but on whether the donor actually died. In Wilkes vs. Allington, it was held that the most important issue in DMC is whether the donor actually died (Fitzgerald and Muncie, 1983). 5. Harrison (1965) observes that if a title does not pass by delivery, a DMC can be valid if there is evidence of possession of title or property which entitle s the possessor to the property given, and he cites the case of Birch v treasury solicitor, where the court held that if the gift in question is bulky, the handling to the recipient a means of accessing the gift, i.e. the key is symbolic enough to constitute delivery (p.36). THE CASE: 1. The first issue noted in the gifts given to Sonya, Sharon