Friday, November 29, 2019

Japanese Comfort Women free essay sample

A study on foreign comfort women for the Japanese soldiers during World War II. (more) Japanese Comfort Women free essay sample It is estimated that between one and two hundred thousand female sex slaves were forced to deliver sexual services to Japanese soldiers, both before and during World War II. These women were known as comfort women and the Imperial Conference, which was composed of the emperor, representatives from the armed forces and the main Cabinet ministers, approved their use by Japanese soldiers. Walkom) The term comfort women refers to the victims of a premeditated systematic plan originated and implemented by the government of Japan to enslave women considered inferior and subject them to repeated mass rapes, said Michael D. Hausefeld, one of over 35 lawyers in his firm representing the former sexual prisoners in a class action lawsuit currently pending against the Japanese government. (Eddy) Since ancient times, prostitutes in Japan chose to sell their bodies either for family, poverty, or for saving her husband and her children. More or less, their sacrifices were seen as positive. We will write a custom essay sample on Japanese Comfort Women or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page But, being forced to become comfort woman by Japanese is seen as negative. The difference between the Japanese prostitutes and comfort women is that the comfort women did not choose to be trapped as a sex slave and they were not paid for what they did. In 1931, when the Japanese army invaded Manchuria, â€Å"comfort houses† made their first appearances. These comfort houses were created to provide the Japanese soldiers with outlets for their sexual needs. In the beginning, there were only a few comfort houses but after the Nanjin Massacre occurred in 1937, many more were added, basically to every place that the Japanese were stationed. (Walkom) After the Japanese soldiers slaughtered thousands of Chinese people in the Nanjin Massacre, they barbarically raped an insurmountable number of women. As a result, anti-Japanese sentiments grew and it became harder to fully occupy these lands. The government set up comfort houses to decrease disorder and give the approximately two million soldiers a place to satisfy their sexual needs. The Japanese did not have enough prostitutes to supply the needs of the soldiers so they commissioned civilians to develop comfort houses. At the time, only a small percentage of Japanese women were mobilized to â€Å"work† in comfort houses and they were all prostitutes to begin with. The majority of the comfort women were actually Korean women, who were forcibly taken from Korea to service the needs of the Japanese soldiers. After the war, the Japanese government destroyed all evidence of their involvement in Japanese comfort houses, enforcing that commercial businessmen were responsible for the movement of women. Many of the comfort women were kidnapped or deceived into voluntarily working in comfort houses. Once they were there, they were trapped and forced into prostitution. Some women reported that Japanese agents offered them good jobs or education. Others were told that each family in the village had to donate a daughter to the war effort. Many others were offered food, shelter and factory jobs. The Japanese also kidnapped young, unmarried girls when they had a shortage of comfort women. The ages of the girls in the comfort houses ranged from 15 to 19, with the minority exception of some younger girls and some older, married women. The girls were transported between military bases like cargo, under heavy guard in army trucks, trains, ship and bus. They were forced to lose their virginity before arriving at the bases to prepare them for having sexual intercourse with tens of soldiers every day. Many women contemplated death after this, as they believed their virginity to be more precious than life. (Henson) When living in the comfort houses, the comfort women lived in fear and desperation. They were unable to leave, as they were heavily guarded. Each day, they were penetrated by as many as 50 soldiers, until they were sore and bloated to the point of not being able to open their legs. If they were infected with a sexually transmitted disease, they received injections known as Injection 606. If infected enough times, they lost their fertility. In Japan, infected women were killed. Their food was mixed with cyanide, their bodies taken to a cave and finally, the cave was blown up with a grenade. The comfort houses made money off these women and it is believed that the Japanese government paid them, as most of the soldiers paid by coupons. As soon as the war was finished, the Japanese Imperialist guards disappeared without trace. Most comfort women describe the experience this way, Suddenly, the soldiers came no more, and upon asking we found that the war had ended. In other regions, as the Japanese committed â€Å"harikari, the women were forced to do the same. In extreme cases, the women were put in a cave and blown up. After the war, many of the comfort women were too sick to be moved and were taken under the care of the American army. Most of the women were left with no place to go, as they were in a strange country with no money, and were too humiliated to go home. According to one comfort woman, my bodys wasted, therefore I do not dare go home in fear of being ignored and looked down upon. Even after the war ended, the comfort women were not free. Their guilty minds and inferiority complexes kept them from returning home and they stayed in foreign countries. The small amount that married, were often forced to separate after the fact that they were comfort women was known, or they were divorced because they could not have children. The victims are still suffering the pain physically and psychologically. More than half of them could not get pregnant, and most of them have chronicle diseases. Furthermore, the psychological impact on these women made them felt themselves dirty, ashamed that they disgraced themselves and isolated themselves from others. They are either afraid of getting married, or unable to ask for any commitment from their lovers. For those who got married, their marriage was unstable and unhappy due to their past. Some thought that they must have done something evil in their previous life that they have to be punished in this life. (Hicks) They go to tempos to chant sutras, to confess, to pursue liberation, and they even commit suicide. Although the period of time they spent at the Japanese military base was a small part of their life, what they had experienced caused an incurable impact on their health, marriage, mind, and social adaptation. Although the Japanese government continues to deny or minimize their involvement with comfort women, their defense is unraveling. A conference on Japanese Crimes Against Humanity: Sexual Slavery and Forced Labor was held last year, in which Japanese researchers delivered papers which claimed that the Japanese military, the rest of the government, and Japanese industry were all involved in the decision to provide sex slaves for the countrys soldiers. (Chunghee) Japanese historian Hirofumi Hayashi said: The establishment and development of the military comfort women system as not only carried out by the total involvement of every section of the military but also by administrative machinery at every level of the Japanese state In addition, we should not overlook that Japanese companies were their accomplices. (Chunghee) Researchers from the Center for Research and Documentation of Japans War Responsibilities in Yokohama showed that Japanese rubber companies were under government contra ct to supply 20 million condoms a year to armed forces once the decision had been made to provide sex slaves to the soldiers. Rumiko Nishino wrote that high-ranking adjutants commissioned by Cabinet and sub-Cabinet-level government officials implemented the distribution of the condoms. The availability of condoms to the general population became almost nil. (Chunghee) Last year, the Japanese appeals court overturned an earlier ruling that orders the government to compensate women who were forced to serve as sex slaves during World War II. Both sides had appealed that ruling. The plaintiffs because they thought the compensation was too small, and the government because they refused to pay. Duke) In deciding in favor of the government, the Hiroshima High Court said abducting women to use them as forced laborers and sex slaves was not a serious constitutional violation. Tokyo has admitted that its wartime army had set up brothels, and forced thousands of Koreans, Filipinos, Dutch and Chinese to serve as prostitutes, but it has refused to compensate these victims. Historians say as many as 200,000 women were f orced into sexual slavery during World War II.

Monday, November 25, 2019

An Argument in Support of Minimum International Essay Example

An Argument in Support of Minimum International Essay Example An Argument in Support of Minimum International Essay An Argument in Support of Minimum International Essay An Argument in Support of Minimum International Labor Standards Whether you support international labour criterions depends, to a certain extent, on your positions of both economic sciences and human nature. International criterions, much like the minimal pay and worker safety Torahs, were enacted to maintain corporate entities from yielding to their worst urges and surpluss. Britain enacted minimal pay Torahs in 1901. ( DeLeon, 2007. ) However, they did non go lawfully binding- that is enforced by the government- until 1999. ( BBC, 1999. ) Britain, along with Australia and the United States- and much of Western Europe- enacted these pay Torahs to â€Å"protect [ ed ] groupsofworkers, particularlywomenandchildren, inlow ­ wageindustries† and besides for the intent of â€Å"preventingtheâ€Å"corruption†ofwomenandtheprotectionofemployersfromlower  ­payingcompetitors.† ( Haussamen, 2007. ) Hence, the lower limit pay was non merely a sop to the brotherhoods, nor was it meant to merely protect the workers- it was besides desi gned to supply a pay floor so that rivals within an industry couldn’t merely lower their rewards, engage the cheapest employees and hence drastically cut their monetary values while protecting their net incomes. Otherwise, monetary value wars would hold been changeless and concerns would hold been left with no fiscal means to honor good workers. This last point is particularly of import in a planetary economic system. Minimal economic criterions every bit good as minimal criterions for worker intervention non merely protect the workers but besides their employers. How so? As the economic system becomes more globalised it has besides become more dependent on China and India, every bit good as, to a lesser extent, Russia and Brazil. China is good known for its low rewards and deficiency of worker safety. In fact, China merely instituted a minimal pay in 2004 and the linguistic communication of the legislative act, as relayed by the Chinese Embassy in the United States was maddeningly obscure, discoursing how â€Å"monthly minimal pay should take into history factors such as a worker and his dependants lower limit life cost, the urban occupant ingestion monetary value index, societal security and lodging accretion fund fees, mean wage, economic development degree and employment situation.† All the piece, China besides s et an hourly lower limit pay which â€Å"should take into history the local monthly lower limit pay, retirement pension and medical insurance fees, working conditions and strength, work stableness and public assistance of non parttime workers, harmonizing to the regulation.† All this is farther complicated by the fact that the Chinese minimal pay jurisprudence would let â€Å"different criterions between countries within a individual state, municipality or independent regionâ€Å" . ( Chinese Embassy, 2004. ) Hence, the Chinese minimal pay is non a minimal pay at all- given all the ambiguity, it is simply a suggestion. Nevertheless, difficult Numberss can be had with a small research. For case, in June 2006, the monthly lower limit pay in Beijing was a shadiness over 72 U.S. Dollars. This is rather fine-looking in comparing to Gansu state where the lower limit pay was merely over 40 U.S. Dollars per month. ( China Labor Watch, 2006. ) How can a British house compete with re wards that are a shadiness over 20 British pounds per month? And how can they offer the safety and quality of their products- and their name behind those products- if they are produced in the sort of conditions that people working for 20 Pounds a month doubtless have to digest? This is no mere exaggeration. As one might anticipate, if rewards are held to a bare lower limit, so are worker and merchandise safety criterions as the bottom line reigns supreme. The list of corrupt merchandises which were exported to Western states and their effects are drawn-out: they include, â€Å"Chinese wheat gluten tainted with the chemical cyanuramide â€Å" which â€Å"was blamed for Canis familiaris and cat deceases in North America† , every bit good as â€Å"toxic monkfish, frozen eel and juice made with insecure colour additives† and â€Å"Chinese-made toothpaste†- and those are merely exports. Domestically, Chinese clients contend with â€Å" [ R ] eports of nutrient toxic conditions or tainted food† , such as â€Å" [ the ] company [ which ] was ordered to halt production after it was found to be repackaging the filling from two-year-old rice dumplings.† ( AP, 2007. ) Bear in head, that the foregoing came from a individual intelligence report- a brief internet hunt reveals legion such incidences. Worker safety is an issue every bit good. Here excessively, the Numberss tell the narrative. Harmonizing to the Chinese authorities, in the first half of 2004, more than 362,000 people were injured and over 63,000 died while on the occupation. ( UPI, 2004 ) This is non exceeding. Indeed, China averages 6,000 worker deceasesper twelvemonthin its coal mines entirely. [ Said mines produce about 2 billion dozenss of coal per year- two-base hit the sum that they did in 2000. ( McLaughlin, 2006 ) It need non be this manner but from an economic position these 6,000 human deaths are sensible- given that the household of the mineworker can be compensated up to, but non transcending 1200 Pounds per decease, it is â€Å"cheaper to allow mineworkers, who might gain approximately $ 150 each month, take lifelessly risks.† ( McLaughlin, 2006 ) It is a basic maxim that a concern needs customers- farther ; they need repetition clients who speak positively of their experiences. And of class, all concerns need employees. While it is surely cheering to hear that consumers do non normally perish from devouring Chinese imports, higher criterions are decidedly called for. And while it would be optimum to hold concerns put the higher criterions for themselves, as we have seen through the brief treasure of the company that was restuffing dumplings with old ages old filling, this is non ever the instance. We do non intend to state of class that all companies are bad or that none are to be trusted. But we do believe that, left to their ain devices, most will take economic sciences over precautions, if forced to postulate with such a pick. A set of realistic, enforceable, unvarying international labour criterions is clearly necessary to protect the consumer, the worker and the concern itself. We do non recommend any set of criterions. Nor do we seek to enforce uniformity across continents and industries. It is understood that different companies and industries have different demands. It is clear that different states and civilizations have a broad array of positions. But we do believe that holding criterions in labour is critical for all those who profit from, utilize the resources of and of class produce the work which sustains the planetary economic system. Mentions: AP ( 2007 ) â€Å"China to Better Food Safety Standards, †Associated Press, 20 June 2007, accessed via hypertext transfer protocol: //wbztv.com/business/China.food.safety.2.285224.html on 11 April 2008. BBC ( 1999 ) â€Å"Britain gets first minimal pay, †BBC.CO.UK, 1 April 1999, accessed via hypertext transfer protocol: //news.bbc.co.uk/onthisday/hi/dates/stories/april/1/newsid_2465000/2465397.stm on 10 April 2008. China Labor Watch. ( 2006 ) â€Å"Minimum Monthly Wage Standards in Selected Provinces/Municipalities/Cities in China 1, † July 2006, accessed via hypertext transfer protocol: //www.chinalaborwatch.org/2006 % 20Editorials/07-24-2006 % 20Minimum % 20Wage % 20Chart.htm on 10 April 2008. DeLeon, J.M. ( 2007 ) â€Å"A history of the minimal pay, †Frederick News-Post, 11 February 2007, accessed via hypertext transfer protocol: //www.accessmylibrary.com/coms2/summary_0286-29635285_ITM on 10 April 2008. Embassy of the People’s Republic of China in the United States of America. ( 2004 ) â€Å"China Sets Minimum Wage Rules, † 24 June 2004, accessed via hypertext transfer protocol: //www.china-embassy.org/eng/gyzg/t63347.htm on 10 April 2008. Haussamen, B. ( 2007 ) â€Å"Raising the Minimum Wage, †The Northwest Progressive Institute, 4 January 2007, accessed via hypertext transfer protocol: //www.nwprogressive.org/vault/reports/JAN07MinimumWage.pdf on 10 April 2008. McLaughlin, K.E. ( 2006 ) â€Å"In China: Energy Needs v. Mine Safety, †The Christian Science Monitor, 26 January 2006, accessed via hypertext transfer protocol: //www.csmonitor.com/2006/0126/p07s02-woap.html on 11 April 2008. UPI ( 2004 ) â€Å"China Says Worker Safety Situation Stable, †United Press International, 20 July 2004, accessed via hypertext transfer protocol: //www.accessmylibrary.com/coms2/summary_0286-9011909_ITM on 11 April 2008.

Thursday, November 21, 2019

Operations and Supply Chain Management Essay Example | Topics and Well Written Essays - 1250 words

Operations and Supply Chain Management - Essay Example The report will asses some aspects of operations and supply chain management in terms of strategies to be adopted, supply chain design, supply chain planning, inventory and planning in retail and global operations, procurement management sustainable supply chain, demand forecasting, demand management, and product design supply chain. The paper will also asses some aspects of transport and distribution supply chain management, warehousing and material handling service operations, logistics outsourcing financial considerations, lean manufacturing human aspects of operations and supply chain management, quality management pedagogical issues, and maintenance research methodology in operations and supply chain management. It is worth noting that any of the above analysis will be done with an aim of developing a consultancy report to advice the management of the company about an appropriate â€Å"layout† for the proposed store. It is in this light that I will discuss the elements of a hypermarket layout plan in order to address all relevant considerations that should be put into practice to make easy the operations of such a business once in force. Introduction Studies have noted that the concept of operations and supply chain management has been emerging as a management issue of concern that organisations have sought to address to its conclusive end (Heiman and Nickerson, 2002, p.97; Singh and Power, 2009, p. 189). Horvath (2001, p. 205) observes that having come out as a dominant theme, supply chain integration is being considered to be of vital importance given the role it plays in business management. An organization's operations are strategically vital in the sense that, nearly all of the firms everyday activities are normally within the operations function. The relationship between a firm’s strategy and its operations is actually the big factor that determines the overall success of the firm in relation to its set objectives either in the short ru n or in the long run. Other scholars have been for the opinion that supply chain management (SCM) would be best carried out if traders come together and form and co-operate so as to achieve a common goal with an aim of acquiring benefits that may accrue from such integration. In order to determine the best layout and size of a new hypermarket near Sydney, I considered research studies on the Sydney market, consumer behaviors, the market’s potential in relation to local and international competition, international trade barriers, transport costs, local competition, government requirements, and political stability. In addition, I also researched on buyer behavior, competitive practices, distribution channels, media and demographic patterns through research studies about Australian markets, especially Sydney. However, the major discussion will be based on geographical expanse of Australia, especially Sydney, and demographic profile. This will put into consideration reliable data on potential demand, the cost of facilities, and operating costs such as labour and transportation Literature Review Australian Market Studies have indicated that operations and supply chain management (OSCM) assists companies to respond to market factors appropriately and allay any undesirable effect that may impede an organization (Holweg et al., 2005, p. 170; Chen et al., 2000, p. 436). In the sane way, other studies indicate that highly integrated supply chains help firms in building competitive advantages over rival companies (Myhr and Spekman, 2005, p. 180; Themistocleous et al., 2004, p. 393). From studies conducted on Australian internal market, (Chan, 2006, p. 238) has found

Wednesday, November 20, 2019

New Compensation Structure And Customer Service Standards Assignment

New Compensation Structure And Customer Service Standards - Assignment Example As of now, the management is preparing to communicate the newly restructured rules. What are the reasons for the change?The reason for changing the management structure is clear, but the author would like the review to relay constant messages to sale associates throughout all retail outlets. The change increased because of negative feedbacks on Aggresshop customer blog and the hefty compensation payouts.What is the structure of the new compensation?The new commission plan is to comply with the organization standards eliminating the whole Compensation bonus plan. Since we still need our sales associates to contact our customers we have decided to maintain the commission- based compensation to increase our sales.What is the new customer service standard?The suggestion by most of the customers was to improve the how we expected our sales associates to relate to our clients in addition to the new commission plans. We should create awareness to the whole country to treat customers correct ly.How can we articulate the changes?It is challenging to communicate these issues to our associates because we can lose some of our principal allies. However, the company cannot afford to maintain the compensation structure that spoils our image and conflicts with our company missions and goals. I humbly pass my sincere regards to the kind of support you have offered and inform us if there is a way to communicate these messages to our associates, looking forward to hearing your feedback.

Monday, November 18, 2019

SPSS Analysis & Methodology Section Term Paper Example | Topics and Well Written Essays - 3500 words

SPSS Analysis & Methodology Section - Term Paper Example as an Internet marketing tool by the companies. †¢ To examine the evidence about the benefits of using social networking websites as communication tool. Details of the methodological implications will be highlighted in the following sections. 1.2 Research Approach Saunders, Lewis & Thornhil (2007 & 2009) pointed out that researchers should select any one of the research approach from available approaches such as, 1- Correlation Study- understanding the relationship between variables is the key aim in such kind of studies and 2- Causal Study- finding out the reasons behind the variation in the behaviour of variables is the key reason behind such kind of research approach. As the researcher is trying to understand the role of social networking websites such as Facebook and twitter on increasing effectiveness of Internet marketing tool for companies hence the researcher will use correlation approach to find out what is the relationship between effectiveness of Internet marketing to ol and social networking website penetration. ... 1.3 Research Strategy Creswell (2009) stated that there can be three types of research strategy for researchers such as, 1- Quantitative research strategy- gathering primary data by using open ended and preferably close ended questionnaire or secondary data with the help of literature review, case study etc and then analyze the data by using mathematical and statistical operators, 2- Qualitative approach- gathering data from secondary sources or open ended questionnaire based interview, observation, ethnography and then analyzed data in non-numeric manner, 3- Mixed strategy- combination of both qualitative and quantitative research approach. Saunders, Lewis & Thornhil (2007 & 2009) argued that quantitative research strategy works well for establishing new theory or explaining a social phenomenon but the research strategy works poorly for measuring the relationship variables in absolute manner. On the other hand, Bryman & Bell (2003) also found that quantitative research can be used f or finding the relationship between variables in definite manner. As the researcher has also planned to understand the role of social networking websites in digital marketing which is a definite phenomenon hence the researcher will use quantitative research strategy in the study. 2.3 Unit of analysis and Study setting Robson (2011) stated that while conducting quantitative data analysis, researchers need to set the confidence interval high enough to get correct research findings. Saunders, Lewis & Thornhil (2009) suggested that 95% confidence level with significance of 0.05 can be used in case of academic research. Hence, the researcher will also use the 95%

Saturday, November 16, 2019

Construction (Design and Management) (CDM) Regulations 2007

Construction (Design and Management) (CDM) Regulations 2007 The 2007 Regulations The key aim of CDM 2007 is to incorporate health and safety into management of all construction projects as well as to encourage everyone else in the project to give a combined effort to: Improve the planning and management of projects from the very start Identify risks early on Target effort where it can do the most good in terms of health and safety Discourage unnecessary bureaucracy. The drafters stated goal to remove useless bureaucracy is a definite advance on previous regulations such as manual paperwork that contributes little to risk management and such a waste of resources (according to the ACoP) may prove to be a distraction from actual business leading to risk reduction and risk management. The removal of requirement for a designated planning supervisor and the introduction of the CDM coordinator role is also seen as a positive step by most people. The clients role CDM 2007 stipulates that clients must not â€Å"appoint or engage a CDM coordinator, designer, principal contractor or contractor unless he has taken reasonable steps to ensure that the person to be appointed or engaged is competent† and must then ensure that they co-operate and co-ordinate their efforts. The Approved Code of Practice contains detailed information on the process and procedures that may be followed when determining the competence of the various post holders mentioned above. Clients are expected to make appointments to the above roles at the first opportunity in order to contribute to risk reduction throughout planning stages. It is generally accepted that impractical deadlines as well as failure to assign adequate funds are regarded as two major factors leading to poor control or increased project risk. As such, clients need to consider all resources such as staff equipment and time required for planning and conducting the work correctly when making appointments and inform prospective candidates accordingly. For all construction projects, CDM 2007 says the client needs to: Appoint the right people: competent designers and builders with sufficient resources, who are members of a reputable trade association Allow adequate time; rushed projects are unsafe, poorly planned and poor quality Provide adequate information to their teams, to enable them to design and plan a structure that is safe to build, safe to use and safe to maintain Ensure they communicate and cooperate with their teams throughout the project, especially during the design stage when issues such as buildability, usability and maintainability of the (finished) structure are up for discussion Ensure suitable management arrangements, using practicable risk assessments and workable method statements Make sure adequate welfare facilities are provided on site before work starts Ensure workplaces are designed to comply with the Workplace (Health, Safety and Welfare) Regulations 1992. For construction projects that must be notified to the HSE under CDM that is, any project scheduled for more than 30 days or involves more than 500 days of work when all workers time is totalled the client also needs to do the following: Appoint a CDM coordinator to advise and assist on CDM duties (but note that CDM 2007 does not require the CDM coordinator to supervise or monitor work on site) Appoint a principal contractor to plan, manage and coordinate construction Ensure the principal contractor produces a construction phase health and safety plan outlining the key arrangements so as to ensure work is carried out safely and without risks to health; work should not start on site until there is an adequate plan Keep the health and safety file: at the end of the project, the CDM coordinator should hand over the health and safety file to the client (ideally at the topping-out ceremony). The file is a record of useful health and safety information to assist the client in managing risk during maintenance and repair, additional construction work, or even demolition. It should be kept safe (preferably in the building), made available to anyone who needs to alter or maintain the structure, and kept up to date as circumstances change. Coordinator role According to L144 Approved Code of Practice to CDM 2007, the critical role of a CDM coordinator is to reduce risks of being hurt on construction sites. The client has to ensure that a coordinator is appointed up to the end of construction phase of that venture, although the actual company/individual carrying out the role can change. Where no such appointment is made, the client themselves will be held to take on the role of CDM coordinator and accordingly will have to abide by duties imposed in regulations 20 and 21 concerning the CDM coordinator. The duties of the CDM coordinator are to: Give suitable and sufficient advice and assistance to clients to enable them to comply with their duties; Notify the HSE about the project; Co-ordinate design work, planning and other preparation for construction where relevant to health and safety; Identify and collect the pre-construction information and advise the client if surveys need to be commissioned to fill significant gaps; Promptly provide in a convenient form to those involved with the design of the structure and to every contractor who may be or has been appointed by the client, such parts of the preconstruction information that are relevant; Manage the flow of health and safety information between clients, designers and contractors; Advise the client on the suitability of the initial construction phase plan and the arrangements made to ensure that welfare facilities are on site from the start; and Produce or update a relevant, user friendly, health and safety file suitable for future use at the end of the construction phase. Duty details The CDM coordinator is required to help the client to develop an appropriate management arrangement, and needs to advise clients on adequacy of appointed management. There are a number of issues that require consideration including ensuring that: The client is aware of their duties and understands what is expected of them; The principal contractor has been given enough time to plan and prepare for the work; Suitable arrangements are in place for developing the plan to cover risks that arise as the work progresses; The principal contractor has made arrangements for providing welfare facilities on site from the outset; and The PC has prepared a construction phase plan that addresses the main risks during the early stages of construction. When they work on notifiable projects, all contractors must: Check the client is aware of their duties under CDM 2007 and that a CDM coordinator has been appointed Check the CDM coordinator has notified the HSE about the project before work starts Cooperate with the principal contractor in planning and managing work, including agreeing on site rules and reasonable directions Provide details to the principal contractor of any subcontractors they engage in connection with carrying out the work Provide any information needed for inclusion in the health and safety file Promptly inform the principal contractor of any problems with or concerns about either the initial or construction phase health and safety plan Promptly report to the principal contractor any injuries, accidents, occupational diseases or dangerous occurrences. Clients are required to make available project related all health and safety information to the coordinator so that this may be passed onto prospective contractors and designers. A comprehensive list of information is given in the ACoP as an appendix. The information required includes details of the project and the management arrangements, along with information in respect of hazards such as location of utility services, information on existing structures and ground conditions. The principal contractors role Once appointed on a notifiable project, the principal contractors duties are to: Plan, manage and monitor the construction phase in liaison with all contractors and subcontractors Prepare, develop and implement a written construction phase health and safety plan and site rules; the initial plan should be completed and in place before the construction phase begins Ensure that all contractors and subcontractors are given copies of, and made aware of, their relevant parts of the plan Make sure there are adequate welfare facilities on site from the start of the project and that they are maintained and kept clean throughout the construction phase Check the competence of all appointed contractors and subcontractors Ensure everyone on site has a health and safety induction and receives any additional information, instruction and training deemed necessary to undertake their work in a safe and healthy manner Consult all workers on site regularly, ensure the site is secured at all times and Liaise with the CDM coordinator about any ongoing design work. Appointing the coordinator CDM 2007 requires appointment of coordinator to occur at earliest once the preliminary designs or related groundwork for construction project has started. Clearly, appointment of the coordinator will require some form of judgement to be made in terms of whether or not a project is likely to be notifiable. As soon as is practicable is not defined, but the ACoP requires the coordinator to be in a position of aligning health and safety aspects of designs and recommend compatibility and suitability of this design work. In accord, the coordinator needs to be appointed before any major detailed design is worked on. This major detailed design is considered as the preparation for early concept of both implementation and design during strategic briefs (typically Stages A and B of Royal Institute of British Architects plan of work stages). The reason for this is that as a project progresses the level of difficulty for making changes increases which would reduce risks. The coordinator can company or an individual or appointed independently or a combination with other roles (such as project manager or designer). However, the ACoP states that where roles are combined and performed by a single individual, it becomes critical for the CDM coordinator to have adequate independence for carrying out tasks in an effective manner. This can often be the case for larger projects, where tasks may be ‘shared out, but in these circumstances, it is significant to ensure that coordinators duties are clearly laid out and discharged. Assessing competence As with other appointments, coordinators competence must be assessed. As well as the necessary technical expertise, the coordinator will require sufficient social skills so as to promote cooperation between project designers and others. In particular, the ACoP highlights that the coordinator needs sufficient knowledge of: Health and safety in construction work; The design process; and The importance of co-ordination of the design process. The level of education needs to be germane to the project and the client has to consider complexity and size of construction project as well as the type of risks that may emerge. The coordinator does not necessarily have to be a designer, but they do need to have sufficient knowledge of design process so as to better analyse health and safety implications of it. Appendix 4 of the ACoP provides guidance as to the assessment process for both organisations that may be acting as a coordinator, as well as individuals within the organisation or who are acting in a stand-alone capacity. Typically, the evidence needed to demonstrate competence will include: The number of persons engaged in the project who have passed a construction health and safety assessment (eg CITB Construction Skills); Evidence of health and safety knowledge (eg NEBOSH Construction Certificate); Membership of professional bodies with level of membership commensurate with the complexity of the construction project; Evidence of continuing professional development; and Evidence of experience in the particular type of work to be undertaken. The designers role The designers duties according to CDM Regulations are to: Inform the client of client duties under the CDM Regulations and the requirements of the accompanying ACoP (this is still the case under CDM 2007) Ensure the design considers the need to avoid foreseeable risks to construction workers and others affected, such as cleaners (still the case under CDM 2007 and the ACoP) Combat at source risks to the health and safety of construction workers and others affected (still the case under CDM 2007 and the ACoP) Give priority to control measures that protect all on site not just individuals (still the case under CDM 2007 and the ACoP) Ensure that the design includes adequate information about construction site hazards (still the case under CDM 2007 and the ACoP) Cooperate with the planning supervisor and with other designers (not the case under CDM 2007 and the ACoP, as the planning supervisor role has now been replaced by the CDM coordinator, whose main role is to provide the client with a key project adviser on construction health and safety risk management matters; hence the designer needs to liaise with the CDM coordinator as well as with other designers). The importance of the designers role in terms of the ability to design out hazards from the start of any project (risk elimination/avoidance) and the need to specify the use of safer materials and construction methods. The designers role is also important to design the building/structure to be safe to use and maintain and also to provide fundamental information that is to be included in health and safety plan as well as in file. In all construction projects, designers are required to reduce hazards risks during the design stage and present sufficient information regarding effectively combating the remaining (foreseeable) risks. While, for all notifiable projects, designers also have to check that the client has knowledge of their duties under CDM 2007 and also that a CDM coordinator has been timely appointed and provides required information for health and safety file. In line with CDM 2007, designers are not responsible for providing information on unforeseeable risks which cannot realistically be anticipated simply fromdesign brief. Designers are not instructed specify construction methods however, they may do so in cases where the design requires particular construction sequence as well as in cases of a competent contractor requiring such information. Designers also do not have to practice health and safety management functions as they are exercised by contractors or others neither do they have to be concerned in relation to trivial risks. Everyone elses roles Anyone else on site, who doesnt fall into the categories above listed so far, must check their own competence, assist others and organize their work in order to make sure that health and safety of all construction workers and others (such as members of the public) who may possibly be affected by their work activities. Also, they need to report evident risks and follow through requirements laid out in Schedule 3 (workplace inspection reports) and Part 4 (health and safety duties on construction sites) of CDM 2007 for any work under their control. They also need to apply general protection principles as specified in Schedule 1 to the Management of Health and Safety at Work Regulations 1999 (Management Regulations) when carrying out their duties. The principles of protection listed in the Management Regulations should be used by all dutyholders under CDM 2007 and direct how they identify and implement precautions necessary to control construction and demolition risks. The principles are: Avoiding risks Evaluating those that cannot be avoided Combating the risks at source Adapting the work to the individual, especially in the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view to alleviating monotonous work and work at a predetermined work rate, and to reducing their effects on health Adapting to technical progress Replacing the dangerous with the non-dangerous or the less dangerous Developing a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships, and the influence of factors relating to the working environment Giving collective protective measures priority over individual protective measures Giving appropriate instructions to employees. However, it is worth mentioning there here there is no explicit mention of the issue and use of personal protective equipment (PPE) anywhere in general principles of protection, reinforcing the view that PPE is not an acceptable control measure but merely a barrier (often temporary) between people and hazards. Issues with Coordinator The CDM coordinator should advise clients on carrying out competency assessments. But frequently the CDM coordinator is appointed at the same time as the principal contractor and often it is the same company. Clearly some earlier advice would be useful to the unsophisticated client when choosing the CDM coordinator and the CDM coordinator should be appointed before anyone else is engaged. In reality, only an appointee can know whether they have the necessary skills and expertise to be truly competent and the client may not have asked about competence in the tender documents. While appointees can be asked to give warranties as to their competency, capacity and resources, these are of little use if there is an incident, a delay or a prosecution. In addition, companies will often put forward their best people to win the contract, but those people might not end up actually doing the work. One way to safeguard against this is to include clauses in the contract of appointment specifying minimum qualifications/competencies/experience levels, or even naming key people. The planning period CDM 2007 requires clients to allocate enough time before construction starts in order to facilitate the planning and preparation. As part of the preconstruction information that clients must provide to the contractors they appoint, they must inform them of minimum time beforehand the construction phase that is basically plans the preparation of construction work. Some standard construction contracts require this CDM planning period to be stipulated in the contract but this is still not common practice. In many cases, the clients lack of knowledge means they are not specifying any planning period and simply giving an end date for works to be completed. Clients are obliged under CDM to provide the â€Å"pre-construction information† that is, information they have already or what is realistically attainable. This might include information about the existing site and structures, including location of services, storage of hazardous materials or the presence of asbestos. Where the information is vital to planning works safely (a ground survey, for example), frequently the client might not already have this information but it would be reasonable for them to obtain it. Uncertainty as to whose responsibility it is to provide reasonably obtainable material can lead to contractors taking risks where timescales are tight. In cases of gaps in information, it may be the clients task to make sure that they present information, but it may be the contractors who are contractually obliged to obtain it. Unsophisticated clients might not have the information, they may not seek the advice they need and they might not want to pay for additional surveys. If clients get the issue of information requests sorted out early on, as part of the procurement or tendering process, they can minimise the risks of a contractor delay. If principal contractors get the issue of information flow sorted out early on, they will minimise the risk from being surprised by site hazards and may even impress the client with their efficiency. However, over the last six months (and even under the old CDM Regulations), a different approach has been common. The principal contractor is frequently required to take the risk of commissioning surveys and to obtain other relevant information which, in many cases, the client should already have. In addition, clients who are tenants of a site will not always seek information from the land or building owner, or tell the principal contractor to ask the owner for further information. Though managing things in this old way is contrary to the spirit of CDM 2007, it should not be problematic so long as the information is actually obtained, collated and provided to the relevant parties early enough to allow for the planning and preparation of the construction works. However, where timescales are tight, risks are likely to be taken which could jeopardise delivery dates as well as profit. Costs of CDM 2007 Implementation HSCs Construction Industry Advisory Committee (‘CONIAC) suggests that the most optimum manner of delivering change is to revise CDM Regulations 94 and also the CHSW Regulations 96 along with supporting ACOP. Such decision reflects experience from past corrective attempts that draw on productive aspects of these measures and is regarded by the construction industry as an acceptable response that adequately addresses the many questions raised, whilst, holding on to commonly accepted principles of CDM Regulations 94 putting into action provisions of TCMS Directive and including Better Regulation principles. Collective costs of implementing CDM Regulations 07 have been anticipated between  £1.0 and  £2.8 billion while, quantified benefits such as safety benefits and productivity improvements are expected within  £1.96 to  £5.9 billion. However, the estimated health and safety benefits are uncertain. Moreover, it is improbable for them to smaller than the figure included within general estimate as health benefits are not quantified. Additionally, the costs to familiarisation CDM Regulations 07 with clients have not been estimated as the number of clients per year is not recorded. However, it is reported that annually 65% of clients are classified as â€Å"repeat clients† and are also assumed be involved in five projects per year while, remaining 35% clients are the only ones involved in single project. Out of which 70% are classified as â€Å"commercial clients†. Supposing client familiarisation with CDM Regulations 07 takes up to eight hours while, receiving an average client wage and a supposed 100% compliance (an unlikely eventuality), then, the present cost of familiarisation is around  £57 million. The objectives that must be met on any construction project such as quality, cost and time objectives can be listed as major priorities. However, the key to achieving these objectives is usually the strength of the relationship with the client. This requires a sound understanding of their requirements. Construction companies tend to not work with a client if the relationship is anticipated to be adversarial and instead choose to work as collaborative partners in order to achieve successful project outcomes. It is also important to establish a strong and effective project team by choosing people that are well suited to the specific project. This needs very careful consideration in relation to complex projects, such as the Olympic Park development. Previously, relationships between designers, engineers and quantity surveyors were often adversarial, while, successful projects require the team members to work in a collegiate fashion with mutual respect for one another so that they can each perform at their best. The ‘Constructing Excellence agenda has not been sufficiently embraced by the industry as a whole, although there are some good examples of projects that have successfully adopted the initiatives. For instance, private construction companies have embraced ideas such as standardisation to drive down cost and increase value. There have also been similar initiatives in the public sector. A good example is the MODs Single Living Accommodation Modernisation programme (‘SLAM) which sets out to upgrade the worst service personnel accommodation by 2012. In light of these positive examples, it is possible for the industry as a whole to adopt better practice and achieve greater success. Indeed, there are considerable financial pressures on projects in the current downturn and so it is imperative that more efficient methods are adopted to provide better value for money to clients. Adopting smarter ways of working makes it possible to reduce construction costs by 20-30% and not by cutting the contractors margin which is usually counter-productive and does not yield significant savings in any case. Real savings can be achieved by standardising construction and simplifying the procurement process. Under control The CDM Regulations 2007 establish a clear procedure for managing health and safety risk on construction sites. Prior to adoption of latest regulations, the HSE held a very constructive dialogue with the industry over a period of six years, which has meant that they have quickly received tacit acceptance. Construction companies have implemented initiatives to bring about behavioural and cultural change with respect to health and safety. For instance, there are ‘incident/injury free policies on our which have been taken up by others. More can be done by the industry as a whole and it is important to share ideas on best practice. There are various initiatives that the HSE have been engaged with recently, such as worker involvement, site induction training and supervisor competency. The HSE is much maligned in the press but that emanates from peoples misunderstanding of its role. The first aspect to note is that HSE is not accountable for prescribing how activities should be conducted. In fact, the onus is on the individual or organisation carrying out such a task to undertake their own risk assessment to determine the safest method of working using the available guidance from bodies such as the HSE. The HSEs purpose is to administer health and safety law and regulations and it has an enforcement role where there have been breaches. In light of the risks highlighted by the recent crane collapses, the Tower Crane Action Group has consulted widely and has published excellent guidance, which is available on the Strategic Forum website. Similarly, the HSE produce excellent best practice guidance notes, which are available to down load on their website. The guidance is aimed at various types of business, although sadly it is not always being followed. Had the HSE guidance on running a hair salon been followed, for example, then the recently publicised incident of a hairdresser disfiguring a customer with toxic hair products could have been avoided. Additionally, organisations are not properly addressing occupational health hazards. Three thousand people a year die from occupational health issues and scores of people suffer from illness and disability Conclusion Under the predecessor to CDM, the principal contractor was seen by the HSE as being in control of the whole construction site. But in practice, there were often difficulties controlling the entire site, and in particular in supervising subcontractors or the clients nominated subcontractors work. This is still difficult to manage, and particularly where there is no contractual right to restrict attendance on site. Clients own contractors will often turn up on their sites while principal contractors are supposed to be in control. Utilities companies or other contractors may have separate contracts with the client and the principal contractor will have to deal with these in addition to agreed site procedures and the existing programme. In contract, a client can allow the principal contractor to control access to the site for all subcontractors and also require any subcontractors to carry out detailed supervision of their workers. In some cases, a site lease may even be appropriate. The client has to carry out competency checks on any contractors they instruct before appointment. In the contracts, it is also possible to specify who should carry out continued monitoring on the site to inform the client about ongoing competence, to restrict entry to the site or to restrict contractors ability to tender for future work. The ACoP clarifies that it is the clients duty to perform practical steps for ensuring suitable management arrangements carry out their duties throughout the construction project by in such a manner as to preclude risks to health. This is in addition to the duty to ensure that principal contractors prepare a construction phase plan that complies with CDM 2007 as well as welfare installations that would be adequate throughout construction phase. Clients arent required actually to manage the works but they do have to check that all management arrangements are appropriate and are being followed though from the initial stages of project. The ACoP specifies that they are allowed to rely on advices of a competent CDM coordinator for making judgments as to the adequacy of the management arrangements. Clients also need to be careful to not take an active role in managing construction works because CDM 2007 places liability on those who control or run the manner in which construction projects are carried out. Similarly, principal contractors need to make it clear who is carrying out the detailed supervision and whether they have control over the subcontractors activities on site if they are to seek to take advantage of the ACoPs advice that principal contractors do not have to undertake the responsibility of detailed supervisions of the contractors work. In summary, the management arrangements that can be detailed in the contract include: Control over the site Control over subsubcontracting without notification Ongoing competency checks Levels of detailed supervision required of subcontractors The time allowed for planning and preparation The arrangement for communicating among the dutyholders and reporting to the client The provision of pre-construction information and reasonably obtainable information The format and quality of information for the health and safety file The provision of the construction phase plan and all updates to the client (and cdm coordinator). The more that is set down in the contract, the less likely any of the duties are to fall between the stools of the dutyholders. Increasing the level of detail in the contracts can help to safeguard all parties against delays caused by incidents or regulatory breaches (which can often wipe out the profit on a project). It can also be useful in removing uncertainty which in turn could help to prevent accidents or even reduce the need for any of the parties to develop a defence to a charge under health and safety legislation. References (2007). CDM UPDATE: After a long consultation the new CDM regulati

Wednesday, November 13, 2019

Robert Frosts Poem The Road Not Taken Essay -- Road Taken Robert Fros

Robert Frost's Poem "The Road Not Taken" The poem â€Å"The Road Not Taken† by Robert Frost addresses the idea of decision-making and choosing what direction life will take you. The poem is about the speaker arriving at a fork in the road, where both paths are carpeted with leaves. The persona, who is believed to be Frost himself, chooses to take the road less traveled by. He tells himself that he will take the other road another day, although he knows it is unlikely that he will have the opportunity to do so. The poem concludes with the speaker satisfied by his choice in taking the road less traveled by.   Ã‚  Ã‚  Ã‚  Ã‚  The poem consists of four stanzas, each containing five lines. The rhyme rigid scheme is ABAAB. Then, in the last line the rhyme is broken with the word â€Å"difference† making the ending stand out from the rest of the poem. Each line contains four stressed syllables. Frost uses a metaphor comparing the road to life, and the fork to making decisions. The first stanza conveys a mood of change and introduces the idea of a life altering decision, which is the basis for the poem. First Frost sets the scene with his opening words, â€Å"Two roads diverged†¦Ã¢â‚¬  (line 1). The speaker is standing at a junction in the road pondering two choices. The roads in the poem are merged where the speaker is standing but lead in two different directions signifying two different paths in life. Frost begins with the metaphorical meaning as early as the first line with his reference to â€Å"†¦yellow w...