Australian Financial Planning Business Research Paper

Australian Financial Planning Business - Research Paper Example Another asset that makes the site easy to access is a "quick find" blank that allows a quick link to the subject of choice. This blank remains at the top of the page so that it is easy to go back and forth quickly between different links and then return to the home page. Once the site is opened, login is not necessary, and there is no fee required. Four major subjects can be accessed either at the "quick link" blank or on the site itself-"About AMP," "Banking," "Financial Planning," and "Products." Each of these areas offers links to information about the area chosen. In addition, some of these links have additional links. For instance, under "About AMP," the "Our History" link gives a brief statement and offers a timeline link about the company from when it was started in 1849 until it became a public listed company in 2003. The "Financial Planning" section lists a phone number, email address, and a locator in addition to links for advice and help. For customers interested in information on retirement, there is a Frequently Asked Questions link as well as a link to the company's magazine called Connections. For customers who may want to sign in to the Web site and perhaps commit to choosing a program, there are Logins for BankNet, My Portfolio, AMP eSuper, and My Shareholder. Within these sites, a customer, or even a prospective customer, can login, watch a demo, or register. BankNet offers FAQ prior to registration, My Portfolio offers a demo, which moves quickly and doesn't allow time to study each phase, and a section is available for employees to choose a product for retirement. In addition, the link to calculators includes one for loans; another for retirement plans; one for credit cards, and one for tax cuts as of 2005, which shows a graph. In addition to links for news and features, the home page offers a link to the company's magazine called Connections and printable brochures and forms for insurance, investments, retirement income and superannuation. The search engine in the right hand upper corner of the site is an excellent source of information through AMP's magazine articl es and Web sites other than AMP, including government sites and the Australian Securities and Investments Commission (ASIC). e) Language used in site (technical finance language, everyday language, technical language but defined in site) The immediate impression when entering the AMP site is simplicity and clear-cut language. At this point, the language is not technical and just offers choices for users depending on their interests. Because there are so many choices, users should have a good idea of where they want to go within the site. Rather than a detailed description of the company on the home page, which is often the case on other financial planning sites, AMP presents several headings leading into the site, with the most text appearing in the News and Features section. Even there, however, each paragraph is simple and short with a link offering "more." In the Popular Links section, technical langua

Celebrities from magazines Essay Example for Free

Celebrities from magazines Essay I have chosen to study and research this statement as I believe that the media puts pressure on young girls to conform to to the idealistic images constantly portrayed in the media. Slimming articles along with related television programmed has increased. The number of young girls within this age span that develop eating disorders has increased in the last thirty five years. I feel that the media and its ideal of super slim models and celebrities that dominate the media affect me. I intend to tackle the issue head on and first of all ask the question what is the relationship between the media and eating disorders. Vaughnhan and Fous conducted a study looking at the amount of time that girls were exposed to media and the development of eating disorders. They used 374 girls ranging from 12-14. They were surveyed twice at different times, each being one year apart. The girls were given the same survey both times which contained questions regarding the amount of time they were exposed to fashion magazines and TV. They also included questions that would reveal symptoms of have eating disorders. After obtaining the results from these surveys they were able to com up with some possible conclusions. The results showed that the girls who had increased their exposure to fashion magazines from the first survey to the second had also increased signs of eating disorder symptoms, and visor versa. The evidence from this study suggest that there is a definite link between developing eating disorders and the media. Results also imply that girls become influenced by the media and can develop a complex about their bodies from a young age. From this we can see that media has a direct effect on young girls which could lead to eating disorders. Girls/women predominantly strive to be perceived as attractive to the opposite sex. I want to see if within the last fifty years the ideal body image has changed. Is the ideal woman sown as slim, attractive young etc.? Garner, looked into this when he assed the height , weight and body measurements of Playboy centrefolds and miss America pageants from 1960 to 1979. He found that the percentage of the average weight of the models had decreased. In 1960 the average weight of playboy models were 91% of the average mean, but by 1978 the mean weight of the models had dropped to 84%. It would be interesting to see id this trend continued, from my own observations of women used in the media today, when the normal size for a model is a size 6, I would believe that they had, from looking at various popular fashion magazines. This would suggest that the statement thin is in used in these magazines is true. Both studies suggest that the concept I lay out, that womens ideal shape that they strive to be is directly influenced by the material they read, is very much true.

Responsibilities Under the Health and Safety at Work Act

Responsibilities Under the Health and Safety at Work Act STUDENT NAME: IP OGOLO INTRODUCTION The purpose of this assignment is to compare and contrast the responsibilities imposed by the duties under sections 2,3,4,7 and 8 of the Health and Safety at Work Act 1974. This would be achieved by critically analysing different case law, the Health and Safety at Work Act and other relevant literature. In this assignment, the interpretation of various words and phrases in the above mentioned sections of the Health and Safety at Work Act 1974 would be looked at and the elements of convictions would also be analysed. OVERVIEW OF SECTIONS 2,3 AND 4 SECTION 2 OF THE HASAWA 1974 Section 2 of the Health and Safety at Work Act (HASAWA) 1974, imposes duties on the employer towards his employees. Section 2(1), states that it shall be the duty of every employer to ensure so far as is reasonably practicable the health, safety and welfare at work of all its employees. The words health, safety and welfare are not clearly defined (Moore and Selwyn 2015) in the HASAWA 1974 but health includes both mental and physical health. Safety refers to the absence of foreseeable injury while welfare refers to water, lighting, toilet facilities, cloakroom, canteen etc. This duty is imposed on every employer irrespective of the size of the business or organisation, to ensure that such workplace is safe provided it is reasonably practicable for such employer to make it safe. The duties imposed by the HASAWA 1974 do not exempt employers of small businesses and the only defence from employers would be reasonable practicability. For example, an off-license shop employer who only has two part-time employees must also comply with the duties of the employer to ensure the health, safety and welfare of its part-time employees. Section 2(1) also included welfare unlike other sections of the HASAWA 1974 which only focus on health and safety. This means that employers have a duty to provide welfare facilities such as toilets, change room, eating area, adequate ventilation, adequate lighting, etc. The only defence for small business employers or any other employer who is non-compliant with these duties is the reasonably practicability of such health and safety measures. Reasonably practicability is one of those issues of debate. Reasonable practicable depends on a number of factors which are used to test if it was reasonably practicable for the workplace to be safe or not. These factors are weighed on a scale which measures the risks versus the sacrifices which the employer has to make in order to comply with the duties. These sacrifices could be ( Matthews and Ageros 2016) time, money, man-power or the effort/knowledge available to eliminate or mitigate those health and safety risks. An example of a case law where so far as is reasonably practicable played a significant role in the judgement is in Edwards v National Coal Board [1949] 1 ALL ER 743, where a timberman who worked in a coalmine was killed by the collapse of the side walls of the road in the course of his work. The National Coal Board was taken to court and they argued that it was not reasonably practicable for them to have prevented the accident. They contended that it was not possible for them to predict where and when a collapse would occur, and the cost; labour and effort in propping and lining all their mines outweigh the risk. Reasonably practicability ( Moore and Selwyn 2015) varies in each prosecution and it is a question of fact and evidence; this depends on the employer having sufficient evidence to show that everything reasonably practicable was done to make the workplace safe . Therefore, what might be reasonably practicable for company A may not necessarily be reasonably practicable for company B Figure 1 (Reasonably practicable)    Subsection 2(2) of the HASAWA 1974 states that it is the duty of the employer to ensure that plants are well maintained and safe systems of work are available so far as is reasonably practicable. Safe systems of work (Moore and Selwyn 2015) for plants can only be provided by an employer if the plant is located in a place where the employer has control over it and can give clear directions and procedures on how it should be used. Plants should be regularly maintained and efficient at all times in order to comply with the duties under subsection 2(2)(a). The maintenance (Moore and Selwyn 2015) of plants is a matter of foresight. The employer could have planned routine checks by competent persons or monitoring program in place to meet the requirements of this section. In section 2(2) the employer also has a duty to provide information, training, instruction and supervision to its employees. The information (Moore and Selwyn 2015) which is provided must be accurate and meaningful and also extends to contractors where necessary to ensure safety. In most cases, employers use induction training as one of the ways to provide information to its employees. Some employers use toolbox talks and organised in-house training as means of conveying health and safety related information to their employees. Any employer who does not provide adequate supervision to its employees would be in breach of this section. Section 2 (3)-(7) imposes duties on the employer to provide and revise health and safety policy and also have safety representatives and safety committees depending on the size of the organisation. An example of a prosecution under section 2(3) is Osborne v Bill Taylor of Huyton Ltd [1982] ICR 168. This breach was (Barret and Howells 1995) a failure to prepare an adequate written health and safety policy. The company carried out betting business in thirty-one separate betting shops connected by a central accounting system, management training program etc. The judges decision in this case was that the company was not in breach of section 2(3) because it had less than five employees for the time being. In my opinion, I would disagree with the Judges decision because the fact that the betting shops are centrally controlled means that it is one single undertaking, taking place in several locations and the total number of employees should be about ninety-three (93), see below for details; ÃÆ'- = 93 employees Figure 2 And therefore, should have been found guilty for a breach of section 2(3) because more than five employees were conducting a single undertaking in various locations. 2.2. SECTION 3 OF THE HASAWA 1974 Section 3 of the HASAWA 1974 covers the general duties of employers and self-employed to the public/ other people not employed by them. It states that it is the duty of every employer to conduct its undertaking in such a way to ensure so far as is reasonably practicable that persons not in his employment are not exposed to health and safety risks. (The Health and Safety at Work etc. Act, 1974) Lays emphasis in subsection 3(3) that the employer and self employed persons must give information about the hazards and risks associated with the conduct of its undertaking to those who may be affected by the conduct of his undertaking in a prescribed manner. This basically means that in some cases, it would be necessary for the employer or self employed persons to provide information which could be in the form of mailed newsletters, letter or formal visits to those who may be affected by the conduct of their undertaking to provide the necessary information about the areas in which these people may be affected and ways to reduce exposure for the benefit of their health and safety. For example, before a construction project commences, the neighbouring community needs to be aware of the health and safety risks such as noise, moving plants and heavy duty vehicles, etc in order for both parties to agree on ways to reduce their exposure. In section 3, the phrase reasonably practicable has been used which means that the employer or self employed persons need to weigh the risks versus the cost to determine if it is reasonably practicable for these safety measures to be in place. Additionally, this section refers to the word prescribed which to my understanding means a specified manner in which the information has to be presented to those who may be affected by the conduct of the employers or self-employed persons undertaking. One of the most common prescribed ways in which such information may be conveyed is through induction training for visitors. In this section, the word risk has been used which means (Moore and Selwyn 2015) the possibility of danger and not actual danger. The HASAWA 1974 does not state that an employer needs to wait for an accident to occur before measures and procedures would be in place. It states that provided there is a possibility of danger or injury, then it is the duty of the employer to either eliminate or mitigate such hazards. Another important word used in section 3 is undertaking which means (Moore and Selwyn 2015) business, work activities, enterprise etc. For instance, if company A gives a contract to company B (Brick-layer) who lays bricks in company As site, then the layering of bricks forms part of company As undertaking. However, the question of how much control the employer has (Moore and Selwyn 2015) over the operation as part of his undertaking could make it difficult in any criminal conviction. For example, if Company B decides to lay the bricks outside company As construction site, then company A may not have much control over how the bricklayers decide to lay those bricks with regards to health and safety. Some case law examples referring to undertaking are R v Swan hunter Shipbuilders Ltd [1981] ICR 831 and R v Mara [1986] IRLR 154, which would be discussed later in the assignment. It is important to note that an employer (Moore and Selwyn 2015) may still be conducting his undertaking even though the business is closed. For example, a food factory may be closed but the cleaning and maintenance of machinery may still be taking place which would still form part of the employers undertaking. 2.3.  SECTION 4 This section states the general duties of persons concerned with premises to persons other than their employees. It imposes duties on people such as landlords, security officers, estate agents etc. who have (Moore and Selwyn 2015) control over non-domestic premises or the means of access (such as doors, stairs, lift etc) or exit or any plant or substances which are used by non-employees as a place of work, to ensure that such areas or plants are safe so far as is reasonably practicable. It is important to note that residential premises are clearly domestic premises except the communal areas such as lifts, stairs, main door etc. which could be used as access for persons such as handyman, repairers, plumber, electricians, etc. as a place of work. The phrase reasonably practicable has also been used in this section of the Act. When a person makes (Moore and Selwyn 2015) available premises for the use of others, the reasonableness of the measures taken to ensure safety must be determined in the light of the controllers knowledge of the anticipated use of those premises and his knowledge of the actual use. For example, if a Landlord rents out offices to businesses, the landlord needs to know the scope of these businesses in order to put certain safety measures in place. This means that the reasonableness of such safety measures (Moore and Selwyn 2015) would be weighed against the controllers knowledge, the finances and effort it would take for such hazard to be eliminated or mitigated. For instance, an uneducated landlord who owns business premises may have the finances but may not have the knowledge or effort in ensuring that such premises is safe however evidence is needed to this defence of reasonably practicability. It is important to note that the duties (Moore and Selwyn 2015) under section 4 are not limited to persons who are at work. Section 4(1)(a) states that these duties are in relation to non-employees, which would protect the general public including children. For example, a person who controls childrens play centres, libraries, schools etc would still have a duty to ensure that such premises are safe and without risks to those who may be affected by the conduct of their undertaking. A case law example under a breach of section 4 is Mailer v Austin Rover Group Plc [1989] 2 ALL ER 1087, where an employee of a contractor was killed while working for Austin Rover. Austin Rover was charged for a breach of section 4 because it had total control of the premises and could have taken measures to prevent such fatality. Another example of a prosecution under section 4 is the case of Westminster City Council versus Select Management Ltd [1984] 1 ALL ER 994. This company managed blocks of flats in London and had control of the common areas such as lifts, staircase, and landings etc and failed to ensure that the lifts and electrical installations were safe and without risk to health and safety. SIMILARITIES AND DIFFERENCE BETWEEN SECTIONS 2, 3 AND 4 2.4.1 Sections 2 and 3 refer to the duties of the employer either towards their employees or non-employees. The employer has an obligation to ensure that the workplace is safe. Non-employers would be exempted from the duties under sections 2 and 3. Additionally, sections 2 and 3 create criminal offences for the employer if not complied with (R v Tangerine confectionery Ltd [2011] EWCA Crim 2015). A case law example is R versus Swan Hunter Shipbuilders [1981] ICR 831, where these companies were charged for breaching sections 2 and 3 of the HASAWA 1974. On the 25th of September 1976, a welder (an employee of Telemeter) went into a small compartment in the deck where a fire started the moment he started welding. The question that was raised (Barrett and Howells 1995) was whether the duties imposed on Swan hunter under sections 2 and 3 include to provide the employees of sub-contractors with information about the dangers of oxygen enriched atmosphere and secondly with instructions to ensure that safety of the workers on board, including the employees of Swan hunters and Telemeter. Figure 3 From the above diagram the relationship between Swan hunter and Telemeters is wide and the jury made emphasis that the duties under section 2 and 3 are wide enough to cover providing information and instruction to contractors and subcontractors as well. The precedent that was established in the above case law is the meaning of the phrase conduct of its undertaking in relation to the duties imposed on the employer in section 3 of the HASAWA 1974. With regards to undertaking, the welding job done by Telemeter was part of Swan hunters undertaking and therefore, failed to ensure the health and safety of persons not in its employment. Furthermore, section 2 is concerned with ensuring safety and section 3 is concerned with ensuring an absence of safety (Matthews and Ageros 2016) which mean the same thing. The level of safety in the workplace would be determined by what is reasonably foreseeable by the employer. Reasonably foreseeability is an important element in managing risks in the workplace. An example of a case law where foreseeability of risks played an important role in the judgement is R versus Tangerine Confectionery Ltd [2011] EWCA Crim 2015. In this case, the defendant was charged in breach of section 2 of HASAWA 1974 because an operator of machinery was crushed to death by a WD machine used in manufacturing sweets. The judge in R v Tangerine Confectionery Ltd [2011] EWCA Crim 2015 stated, Safety must be judged by what might be reasonably foreseen by a reasonable and prudent employer. The defendant stated that the accident was not foreseeable. The foreseeability of risk (R v Tangerine Confectionery Ltd [2011] EWCA Crim 2015) is only reasonably practicable if a reasonable person can foresee a material risk which is created by a plant, machinery or work-related activity. In this case, the foreseeability of an injury occurring with the use of the WD machine was obvious. However, the jury had no evidence that (R v Tangerine Confectionery Ltd [2011] EWCA Crim 2015) the foreseeability of the risks of this machine caused the accident because the machine had been used for thousands of hours without any accidents. Irrespective of the lack of evidence on foreseeability, the jury concluded that there was a foreseeable possibility that someone might get entangled in the arms of this machine (R v Tangerine Confectionery Ltd [2011 ] EWCA Crim 2015). The precedent that was established in the above case is the meaning of foreseeable risk. The risk has to be a material risk which a reasonable person can foresee to be a source of danger. Foreseeability of risks is relevant to the question whether a material risk to safety exists. That is why a risk assessment is an exercise in foresight. Sections 2 and 3 impose a duty on employers to ensure an absence of safety (R v Tangerine Confectionery Ltd [2011] EWCA Crim 2015) which makes them think deliberately about risks which are both obvious and not obvious. If an employer does not have the knowledge to enable him/her foresee risks, then it is his/her responsibility to employ a competent person such as a health and safety advisor to assist him in conducting an adequate risk assessment. Another example of a prosecution where foreseeability influenced the judgement is Regina v Pyranha Mouldings Ltd [2014] EWCA Crim 533. Pyranha Mouldings Ltd was prosecuted for a breach of section 2(1) of the HASAWA 1974 due to an incident which occurred on the 2nd of March 2011. This company manufactured plastic Kayaks and canoes which were shipped in shipping containers. On this particular day, the loader/ banksman Mark Malcom was crushed against the roof of container because the forklift driver could not see him. This company was prosecuted because the unsafe system of work had existed for over eighteen years without any risk assessment and lack of supervision of work. The jury stated that (R v Pyranha Mouldings Ltd [2014] EWCA Crim 533) the risk of serious injury or death was substantial and foreseeable but the company did nothing about it. The foreseeability in this case played an important role in the judgement and the elements of conviction for a breach of section 2(1) are that Pyranha mouldings was the employer of Mr Malcom (the injured worker) and the employer also failed to ensure the health, safety and welfare of Mr Malcom and other employees including the forklift driver Mr Kevin. The burden of proof rests on Pyranha Mouldings to show the Jury that it took all reasonably practicable steps to keep the workplace safe, which it failed to do therefore was guilty of the offence under section 2(1) of the HASAWA 1974 . Another similarity between sections 2 and 3 is that the duties (Matthews and Ageros 2016) imposed are personal and cannot be delegated. The employer and self-employed have full responsibility to ensure health and safety and have no defence that the duties were delegated to a member of staff who failed to ensure compliance. The difference between sections 2 and 3 (R v Tangerine Confectionery [2011] EWCA Crim 2015) is on the person to whom the obligation is owed. Section 2 creates an obligation towards employees while section 3 is towards non-employees or the general public who may be affected by that employers undertaking/ job activities. An example of a case law is Veola ES v The Queen [2011] EWCA Crim 2015), a refuse collection company that was sentenced for a breach of sections 2 and 3 of the HASAWA 1974. In this case, an employee Mr Griffiths was killed on a fast dual carriage way while collecting litter. The defendant argued that the accident had nothing to do with the operation of the defendants undertaking. The appeal was dismissed because the court did not have to prove causation of the accident. Causation of the accident (R v Tangerine Confectionery [2011] EWCA Crim 2015) was a matter of evidence but not an essential ingredient of the offence. An accident is enough evidence that a material risk existed and his employees health, safety and welfare were not ensured. Under sections 3 of the HASAWA 1974, it was the conduct of the defendants undertaking of litter collection which exposed the defendants non-employees to the accident (R v Tangerine Confectionery [2011] EWCA Crim 2015). Another similarity between sections 2, 3 and 4 is that the phrase so far as is reasonably practicable is being used, which means that these duties are not absolute. This phrase gives those obliged to fulfil their duties the freedom to weigh the risks versus the cost, in order to ensure that the workplace or premises is safe. What is reasonably practicable depends (R v Tangerine Confectionery [2011] EWCA Crim 2015) on degree of foreseeable risk of injury, the gravity of the injury if it occurs and the implications of the measures/ methods in avoiding it. An offence is committed under section 2 if the defendant cannot prove that all reasonably practicable steps have been taken to ensure that its employees are safe in the workplace. While under section 3, an offence is committed if there is a material risk to the health and safety of non-employees (R v Tangerine Confectionery [2011] EWCA Crim 2015) who may be affected by the employers undertaking and the defendant has not taken such steps as are reasonably practicable to avoid those risks. Under section 4, an offence is committed if the person in control of premises so far as is reasonably practicable has not ensured that such premises is safe and without risks to the health and safety of those who might be affected. Another similarity between sections 2 and 3 is that they both refer to the phrase in such cases as may be prescribed and in a prescribed circumstance and prescribed manner which gives an indication that the responsible person based on the situation would fulfil these duties in a particular way. Section 3 and 4 refer to the word undertaking. In section 3 the employer needs to ensure the health and safety of non-employees who may be affected by any risks arising from his work activities. Subsections 4(4) refers to the controllers business activities or undertaking which means that any work activity connected with such controller of premises need to be done in a safe manner. Sections 2(2)(d) and 4 have similarities, in that they both refer to the provision of safe access and exit from work premises, provided it is reasonably practicable to do it. These sections also refer to the extent of control which the employer or controller of such premises has. For example in the Swan Hunter Shipbuilders [1981 ICR 831] case, the issue of control was also raised. Another case example (Barret and Howells 1995) is that of Westminster City Council v Select Management Ltd [1985], where the appellant was in breach of section 4 of the HASAWA 1974 because it failed to ensure that the communal areas of a block of flats were safe. Subsection 2(2)(a) imposes duties on the employer to ensure that plants are safe and without risks to (Barret and Howells 1995) employees, which is similar to those duties under sections 4(2). ELEMENTS OF AN OFFENCE OF BREACHING THE DUTIES UNDER SECTION 2 In order for the jury to convict an employer for a breach of sections 2(1) the following elements would need to be proven; (Matthews and Ageros 2016) That the defendant was at the material time an employer That the defendant failed to ensure the health, safety and welfare of its employees at work. A failure to ensure health and safety occurs when there is an exposure to a material risk to health and safety. The employee (Matthews and Ageros 2016) has to be at work for this to be applicable. This means that when the business is shut or closed for the day and there is no one at work then it is not applicable because no employees are exposed (Matthews and Ageros 2016). The employer would be guilty of a breach of section 2(1) unless it can prove that it was not reasonably practicable to minimise or eliminate the risk to the health, safety and welfare of its employees. Satisfying the test of reasonably practicability (Barret and Howells 1995) involves placing the risk on one scale and the sacrifices involved in taking the necessary measures for eliminating or mitigating the risk ( time, money, effort etc) being placed on the other scale. ELEMENTS OF AN OFFENCE OF BREACHING THE DUTIES UNDER SECTION 3 In order for an employer to be convicted for a breach of section 3(1) the burden of proof rests on the prosecutor to show the following; (Barret and Howells 1995) That the defendant at the material time was an employer That the defendant failed to conduct its undertaking in such a way as to ensure (Barret and Howells 1995) that persons not employed by the defendant who might be affected thereby were not exposed to material risks to their health and safety. AREAS OF CONTROVERSIES AND DIFFERENT INTERPRETATIONS OF THE DUTIES Some words and phrases relating to the duties under sections 2, 3 and 4 have been interpreted differently by different judges and have also created controversies in the court of law. Firstly, the HASAWA 1974 does not directly define the word employer but defines an employee to be someone who works under a contract of employment. Thus, an employer is a person who employs an employee. Therefore, if a person has no employees he/she is not an employer and does not owe a duty under section 3(1) but could be prosecuted under section 3(2) as a self-employed person. The fact that the act does not clearly define the word employer creates ambiguity in the court where someone may be regarded as an employer but no written contract of employment exists between such employer and the employee. This also creates another issue between the contract of employment and contract of service. For example, a small business may have a contract of service with a self-employed cleaner to clean their premises on a daily basis, but there is no contract of employment between them. Would the jury regard such a cleaner as an employee or a contractor? And would the employer still owe a duty under section 2? These questions could only be answered based on the situation and evidence. Moreover, there are companies which employ nobody under a written contract of service but engage a significant number of self-employed workers. In this case, a prosecution of such a company may be undertaken for a breach of sections 2(1) or sections 3(1) with the company alleged to be an employer (Matthews and Ageros 2016) through the extent of its control over those performing the work .For example, R versus Swan Hunter shipbuilder [1981] ICR 831 case. Another area of controversy under these duties is with the phrase exposed to risks to health and safety. It is important to note that an exposure to health and safety risks (Matthews and Ageros 2016) occurs where there is a possibility of danger and this does not require the danger to have occurred or any dangerous occurrence to have come to pass. In some prosecutions, the prosecutors argued that an accident or injury is sufficient evidence to prove that a material risk exists in the workplace. An example of a prosecution relating to this phrase (Barret and Howells 1995) is the case of R v Board of Trustees of the Science Museum[1993] 3 All ER 853 ,where the museum was in breach of section 3(1) because two of its cooling towers could possibly be containing legionella Pneumophila bacteria. The prosecutor stated (Barret and Howells 1995) that they did not have to prove that the members of the public actually inhaled the bacteria and that the word risk means the possibility of danger and not necessarily actual danger. Even where an injury has occurred, it may not be enough for the prosecutor to simply claim that the injury demonstrates that there was a risk. Where a prosecution is brought under section 3(1), it may be necessary to identify and prove the respects (Matthews and Ageros 2016) in which the injured person was liable to be affected by the way the defendant conducted its undertaking. Furthermore, could an employer be prosecuted under section 2 when no employee is at work? This is an area where prosecutors have debated over. For example, Bolton Metropolitan Borough Council versus Malrod Insulations Ltd [1993] ICR 358, where the prosecutor appealed on allegations made against an asbestos removal company called Malrod Insulations Ltd. This company was contracted to strip asbestos insulation from the premises of Ingesoll Rand Ltd. On the 21st of November 1989, the premises were inspected by the environmental health services of Bolton metropolitan Borough council. During this inspection, there were no employees at work and it was evident that the asbestos decontamination plant had electrical defects. The prosecutor took (Barret and Howells 1995) this case to court but at the end of the case, the recorder upheld a submission that there was no case to answer because in order for Malrod Insulations Ltd to be found guilty of the offence under section 2 of the HASAWA 1974, its employees had to be at work. The appellant argued (Barret and Howells 1995) that it is not the fact of men being at work while in the course of employment which creates the offence, but the HASAWA 1974 must protect the employees who would come to work the next day. In the above case, the interpretation of the employers duties seems ambiguous. In my opinion, section 2(1) states that the employer should ensure the health, safety and welfare of its employees at work and then section 2(2) lays down examples of how these duties can be carried out. However, (Moore and Selwyn 2015) it begins with the sentence without prejudice to the generality of the duties under the preceding subsection. Subsection 2(2)(a) states that the provision of safe plants is a requirement irrespective of whether or not employees are at work. Referring to the above case, the fact that such unsafe asbestos decontamination plant is within the place of work increases its likelihood of been used when workers resume work the following day. The employer could argue that such unsafe plants would undergo repairs before anyone is permitted to use the

Frederick Douglass Essay -- English Literature Essays

Frederick Douglass The narrative piece written by Frederick Douglass is very descriptive and, through the use of rhetorical language, effective in describing his view of a slave’s life once freed. The opening line creates a clear introduction for what is to come, as he state, â€Å" the wretchedness of slavery and the blessedness of freedom were perpetually before me.† Parallel structure is present here, to emphasize the sanctity he has, at this point in his life, associated with freedom and the life-long misery he has associated with slavery. This justifies what he chooses to do next, as he leaves his chains and successfully reaches New York, a free state. The metaphor used within this description is also effective, as chains give the reader a sense of prison, captivity, and a lack of freedom; this is exactly how Douglass felt as a slave. One simile used when describing how he feels when at last free, â€Å"as one may imagine the unarmed mariner to feel when he is rescued by a friendly man-of-war from the pursuit of a pirate.† This simile demonstrates the fear and anxiety each present within him as he enters this free state; as an unarmed mariner approaches a man-of-war, an armed battle ship, fear would undoubtedly be present, and as he is rescued by this armed battle ship the unarmed mariner would be likely to sense relief, however one wou ld still not know what to expect on this armed battle-ship; had he escaped his evil pirate, or merely entered into a worse danger? It is in th...

Reformation Essay

The Reformation is a broad term used to describe the period of time beginning around 1500 A. D. extending through the mid-seventeenth century, with roots dating back to around the fourteenth century. Society was in something of an upheaval at the time and the church was faced persistent heresy. A wave that would become known as the Protestant Reformation started in Germany in the early 1500’s and moved throughout the German speaking countries to Scandinavia to the French and finally to England and Scotland. Differing from the Renaissance, the Reformation made an impact in most every European’s life and forced people to make the decision between the old way and the new. In the early stages of the Reformation there was a man, the pioneer of that Protestant Reformation that swept over Europe, a man who ventured into a new arena of thought in relation to how the Church, his name was Martin Luther. 1] The following writing will be a short biographical work of Martin Luther showing some of the events of his life and how through them, he changed the Church as well as contributed to the progress of the Reformation concluding with a look at his life in a way to show more of who Luther was as opposed to what he did. Martin Luther was born in Eisleben Germany on November 10, 1493 before moving to Mansfield in 1484 where he attended school before moving on to Magdeburg with the Brethren of the Common Life. From there he entered the University of Erfurt in 1501 where he was introduced to nominalist philosophy which taught the inability of natural reason to establish articles of faith. It was here that he also furthered his linguistic skills in the classical tongues, and graduated with his B. A. in 1502 and his M. A. in 1505. The winds of the Reformation had already begun to whirl as Luther was growing up. He had been studying law, before being caught up in the religious revival that had been heading across Western Europe. 2] That July he was knocked to the ground by lightning and the combination of those events, the death of a friend and issues inside himself he entered the chapter house of the Hermits of St. Augustine[3] in Erfurt monastery of the Augustinian Eremites. At this time he was given his very first Bible, which he studied relentlessly, studying carefully Romans and Galatians. He was also deeply into the works of Augustine as well as William of Occam and carried with himself the reputation of being a man of singular piety, devotion and monastic zeal. [4] To the objection of his father he took the vows in September 1506, was elected to study for the priesthood, and was made a deacon in February of 1507 and ordained a priest on April 4 of that same year. His father attended his first Mass where he rebuked Martin for disobeying his parents. [5] At the monastery, Luther practiced ascetic excesses to try to achieve some sense of inner peace. Johann von Staupitz helped him away from his life of standing fearfully in front of a Deity to responding in joy to the loving forgiveness of God through Jesus Christ. In 1510 he went on a business trip to Rome to the Vatican where he was shaken and disturbed by the commercial, showy splendor of the Vatica n. In 1512, Luther began lecturing as a doctorate of theology at Wittenberg, a position he would hold for the rest of his life. For the following two years he lectured heavily on the Psalms before shifting to Romans, Galatians, Hebrews and Titus in 1516. It was after these studies that Luther became convinced that salvation is a new relationship with God, and that it was not a merit-based system but rather it came through placing trust in the promises of God. Humans would still sin, but would live life as a forgiven sinner as a result of their relationship with Jesus Christ. It was also through these studies that Luther had his Gospel epiphany in 1516 while reading in Galatians 3 that â€Å"the just shall live by faith. † At this time that Luther was released from his haunting sense of guilt and crossed over into the freedom that came from relying on God’s grace. During this time he was growing, discovering new convictions, and while he had not written them into an officially theology he did have the principles that would be instrumental in and would define the Reformation; man is justified by faith alone, every believer has direct access to God and the Bible is the sole source of authority for faith and life. In 1517 Luther decided he needed to put these ideas into action. It was in that year that he came across a Dominican, Johann Tetzel, selling indulgences to Luther’s parishioners. Going against Tetzel’s methods, bad theology and the fact that the outflow of cash was for a new St. Peter’s for Leo X, Luther preached against buying pardons and for relying on God’s grace for salvation. He had grown tired of this theology that was lacking Scriptural truth about it. On October 31, 1517, the day for which many remember Luther, he tacked Ninety-five Theses to the door of the Castle Church in Wittenberg intending to have the questions bring about academic discussion, not a document written to insight a revolt against the pope of the Church of Rome. The Theses were translated and circulated bringing about attacks from Tetzel and the formidable Eck, labeling him a heretic. Luther was ordered by Leo X to appear at Rome in 1518 though it Frederck â€Å"the Wise† changed the hearing to Augsburg and it was through Frederick’s protection that Luther was able to survive. At the time of the hearing, Leo was drafting a papal bull describing indulgences in the exact fashion that Luther had questioned. In 1519 Luther’s debate went publicly with Eck and he admitted that he rejected other authority of popes and councils when they were not congruent to the Scriptures. To combat the view that he was going against everything the church stood for, he published three works to clarify his views; â€Å"An Address to Christian Nobility of the German Nation,† â€Å"The Babylonian Captivity of the Church† and the â€Å"Liberty of a Christian Man. On Dec. 10, 1520, he was presented with a papal bull threatening to excommunicate him. He publicly burned the document along with a copy of the canon law, an open defiance of the pope’s authority in refusal to renounce any of his viewpoints Due to factors beyond just Luther’s actions, the Wittenberg civil authorities looked on approvingly as their country was in a rebellious mood. Again h e was summoned to appear before the pope, again refusing to budge from his position. A group of German churchmen, princes and nobles approached him one day ordering him to recant to which he replied, â€Å"Unless I am refuted and convicted by testimonies of Scripture or by clear arguments, my conscience is bound in the word of God: I cannot and will not recant anything. I cannot do otherwise. Here I stand. God help me, Amen. † It was Frederick that again came to the rescue of Luther, saving him from almost certain martyrdom yet again, abducting him on his journey from Worms and holding him at the Wartburg Castle for ten months. Some consider Luther’s time spent there in the castle his most valuable as, among other things, he translated the Greek Bible to German. Upon his return to Wittenberg in March of 1522 he set about organizing the reformation that had nearly crumbled under the enthusiastic, but unskilled leadership of such people as Carlstadt and Zwilling in Wittenberg. They had gotten a crowd together that started rampages, wrecking statuary and artwork, actions Luther quickly denounced and went about producing forms for instruction, worship and church government. The Peasant’s War came about in 1524, but Luther continued undeterred, holding to the position of upholding authority, calling for social justice and urging the consideration for the economic welfare of the lower class. Luther’s language used in urging the princes to put down the revolt was intemperate and he ended up alienating some of the lower class. [6] During his time in the castle, Luther set out writing a children’s catechism as well as a catechism for the common people. It was also during this time that he composed what some consider the battle hymn for the reformation â€Å"Almighty Fortress Is Our God. He went on teaching in his position, beginning to teach that priests could marry and soon met and married a former nun named Katharina von Bora who had followed him along with eight other nuns in fleeing from their convent in 1523 to take refuge in Wittenberg. [7] Together they produced six children of their own and opened their home to countless others as well as boarding students and other guests. [8] Luther continued to write, preach and teach and in 1530 he approved the Augsburg Confession and the Augsburg Apology as written by Philip Melanchthon. In 1573 Luther restated his doctrines in the Schmalkald Articles and spent his remaining years spent in inactive and productive service, such as writing â€Å"On Bondage of Will. † Luther died in his home town of Eisleben after mediating a meeting between two princes and experiences mild chest pains[9] in 1546. [10] The life of Martin Luther is something that one could marvel at, but there is more to this man’s story than a whole lot of scholarly achievements and raising questions that ended up causing Christianity to divide. He was a man of great passion and was extremely focused on God, realizing that it was about God and not about himself. When Christ drove the people out of the church saying they made it a den of theives he is angry because he knows that things are not what they should be, and sees what they could become, Martin Luther is another man with the same sort of view. He saw things the way that they could be. This anger was not exclusive to just Luther and Christ, it happens within many men and comes from different places, but what is common is that they are angry at the denial–not to themselves alone, but to their fellowmen as well–of all they have seen of head in their solitude that has been proven in their own personal life. Luther, slated by some as the last angry man of the Reformation, was once quoted saying, â€Å"I never work better, than when I am inspired of anger when I am angry, I can write, pray and preach well, for then my whole temperament is quickened, my understanding sharpened and my mundane vexations and temptations depart. † His life was tumultuous and deep melancholy assaulted him, leaving him weak and desperately ill. Upon tasting the grace of God he was driven with great compassion to preach the unsearchable riches of Christ and publish the Word of God in the native tongue of his countrymen. His passion and resolute faith was so great that it was said that upon hearing him pray people would exclaim: â€Å"How great a spirit, how great a faith, was in his very words! † As a monk he vowed to crucify the flesh through fasting, mortifications, and watchings struggling against deceitful thoughts and the evil inclinations of his heart. Nothing was too great a sacrifice if it would enable him to become a saint of acquired heaven. He was sold out on his quest for attaining holiness. He even claimed himself to be a pious monk stating that, â€Å"If a monk could obtain heaven by his good works, I should, certainly those who have known me can testify. † As he was carrying out this torture on himself he was confronted by John Staupitz, who asked him why he tormented himself the way that he did telling the young Martin, to â€Å"look at the wounds of Christ, to the blood that he has shed for you. † Luther was so wrapped up in literally beating himself up over his sins, he forgot a key element. Staupitz went on to tell him, â€Å"Instead of torturing yourself on account of your sins, throw you self in the Redeemer’s arms. Trust in Him–in the righteousness of His life–in the atonement of His death. † Not long after his conversations with Staupitz, Luther was done being an imitator, keeping to the rules of the religious order, but rather he was a new creation entirely, walking in the full assurance of faith confident that the God that began the good work in him, would perfect His work. For Luther Christ was no longer an option, Christ was the option, or as he said in his Commentary on Galatians, â€Å"Christ is no lawgiver. He is the Lifegiver. † [11] For Luther it was about knowing God, not having a knowledge of God, he was a man full of passion for his Savior, completely sold out on his Master’s plan. It was so much so that he thanked God that he knew enough to believe that God knew more than he did and was able to rest in knowing that that would never change. Knowing that God was greater and surrendering to that knowledge was an undercurrent to Luther’s life, he clung to the word of God for his confidence and promises, not to the tradition of men. [12] The Reformation is a broad term used to describe the period of time beginning around 1500 A. D. extending through the mid-seventeenth century, with roots dating back to around the fourteenth century. Society was in something of an upheaval and the church was faced persistent heresy. In the early stages of the Reformation Martin Luther was the pioneer of that Protestant Reformation that swept over Europe, and who ventured into a new arena of thought in relation to how the Church. [13] The previous writing was a short biographical work of Martin Luther showing some of the events of his life and how through them, he changed the Church as well as contributed to the progress of the Reformation concluding with a look at his life in a way to show more of who Luther was as opposed to what he did.

Marybeth Abraham †Biography Essay Womens Studies (300 Level Course)

Marybeth Abraham – Biography Essay Womens Studies (300 Level Course) Free Online Research Papers Marybeth Abraham – Biography Essay Women’s Studies (300 Level Course) Open any historical text and one will find in bold face and color photos, the men and women that have shaped a nation. Abraham Lincoln, Bill Clinton, Martin Luther King Jr., each of these names signals in the minds and hearts of the American people a recognition of time and space; a picture of the places where these people made history and the emotions that their actions incite. However, does not the Constitution sing praise to the importance of each and every individual? Has society as historian overlooked the lives of everyday heroes such as elders, parents, and the young? Every human is historically significant, and one in particular, Marybeth Abraham, exemplifies this belief. Marybeth’s conscientious acknowledgement of this nation’s economy, nationalistic ties, social and political advancements, and historical events throughout the decades, combined with her dedication toward civic leadership and contributions as a mother, qualify her not only as a proud citizen, but also as positive proof that it is often the unsung hero who shapes everyday events into American History. Marybeth Abraham, born Mary Elizabeth Hood, is the mother of six and wife of Don. Born July 5, 1921 in Mallard, Iowa, a mere 400 in population; Marybeth dreamed of life beyond her modest and struggling childhood. Her rich religious background and innate love for people helped her through what she calls the historical event that had the greatest impact on her life: WWII. It is then she learned the value of hard work and perseverance. Marybeth had several paying positions and one job which she humbly does not consider a career: motherhood. She worked early on as a teacher and at the post office, making money to support her family. Later, when she moved to Omaha, Nebraska, she took a job at Union Pacific Railroad, where she met Don who had just come back from fighting in the Pacific. After they married, they moved to Valentine, Nebraska where they presently live and own the Abraham Wholesale, where at the age of 79 Marybeth still works handling the company’s finances and a ccounting reports. Coming from little money to managing a company’s assets has sparked Marybeth’s attention to the national economy. In the mind of Mrs. Abraham, the economic world, though still wrought with prejudices, has become more global, accepting and protecting other cultures and traditions. Citing the US’s economic interest in the Third World as an example, Marybeth says the economy has facilitated the rapid expansion of these country’s economies as well as benefiting our own. As a result, many Americans are now slowly becoming aware of human rights violations in these countries and are seeking solutions. Her positive attitude toward the economy, however, does not extend to her attitude toward this nation’s patriotism. One can wonder how the once proud parents of the baby boomers reacted to the anger and retaliation of their children. According to Marybeth, the generations are becoming less and less patriotic. Even the pride that her generation felt has faded. She can only speculate that this loss of patriotism her generation feels is due to a realization of their disillusionment when they themselves were young and energetic children of the 40s. This loss of patriotism coincides with a loss of morality. Marybeth firmly and proudly answered â€Å"Yes, very definitely† to the following question: â€Å"How do you feel about the culture your generation created? / Did your generation provide a society with high morals, ethical policies, etc. f or future generations? She sees no problem mixing morals and government, either. In fact, she says, â€Å"We do it all the time. All laws are based on some moral issue.† The morals that her generation emphasized have created an America more conducive to diversity and peace. While their morals have shaped our laws, their pursuit of knowledge certainly reinvented society. Marybeth feels that the medical advancements in particular have been phenomenal. For her, as a repeated stroke sufferer, this is an exciting time. She is wary of the moral consequences this new technology might entail, and feels that for most people her age there is a fear of getting involved in the â€Å"high tech stuff.† She also feels that this face-paced era of development has resulted in a loss of education for many. As a former teacher, she can not understand how one can graduate without being able to read. In her day, most everyone knew the basics: reading and writing. With all of this knowledge and experience one may be curious what Mrs. Abraham feels is her greatest contribution to the history of this nation. One could assume it is her achievements as a woman. She is successful, career-oriented, and still manages to maintain the household. However, Marybeth says she never felt hindered as a woman. Sure other women were limited professionally, but she never was. She never felt men had the upper hand. â€Å"Men were very helpful to me as a woman,† They gave her respect. Marybeth feels, aside from having her children, her role as a pro-life activist is her contribution to the history of this nation. For years she campaigned through the state of Nebraska, exercising her first amendment rights. She even attended the 1980 Democratic Convention in NYC as a delegate from Nebraska. Oddly, she propositioned the pro-life platform to her fellow Democratic representatives. For Marybeth, morals equate into actions. This is what she believes, and this is what she continues to fight for. How does she differ from our founding fathers that fought for our nation’s independence because they believed so strongly in freedom? History is the study of events and personalities that have shaped our present and give us a foundation from which to make decisions concerning our future. Marybeth Abraham is one of these personalities. She has had a hand in the economy, has remained true to the flag, has tested the triumphs of technology, and has helped shape a society’s political views. She is a mother and a model citizen that proves to anyone in question that is the individual who creates the words that so eloquently fill the pages of historical texts. It is hard to see this view without being forced to as with this project. Though difficult to encourage the subject to speak in depth of her contributions, it is well worth the historian’s time. Marybeth Abraham is triumph of American Spirit, yet she is more, she is my grandma. 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