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ai versus aï in French This is often due to the use of an alphabet that was originally used for a different language (the Latin alphabet in these examples) and so does not have single letters available for all the phonemes used in the current language (although some orthographies use devices such as diacritics to increase the number of available letters). Sometimes, conversely, a single letter may represent a sequence of more than one phoneme (as x can represent the sequence /ks/ in English and other languages). Sometimes, the rules of correspondence are more complex and depend on adjacent letters, often as a result of historical sound changes (as with the rules for the pronunciation of ca and ci in Italian and the silent e in English). | https://en.wikipedia.org/wiki/Phonemic_orthography |
Pronunciation and spelling do not always correspond in a predictable way Sometimes, different letters correspond to the same phoneme (for instance u and ó in Polish are both pronounced as the phoneme /u/). That is often for historical reasons (the Polish letters originally stood for different phonemes, which later merged phonologically). That affects the predictability of spelling from pronunciation but not necessarily vice versa. Another example is found in Modern Greek, whose phoneme /i/ can be written in six different ways: ι, η, υ, ει, οι and υι. | https://en.wikipedia.org/wiki/Phonemic_orthography |
Conversely, a letter or group of letters can correspond to different phonemes in different contexts. For example, th in English can be pronounced as /ð/ (as in this) or /θ/ (as in thin), as well as /th/ (as in goatherd). Spelling may otherwise represent a historical pronunciation; orthography does not necessarily keep up with sound changes in the spoken language. | https://en.wikipedia.org/wiki/Phonemic_orthography |
For example, both the k and the digraph gh of English knight were once pronounced (the latter is still pronounced in some Scots varieties), but after the loss of their sounds, they no longer represent the word's phonemic structure or its pronunciation. Spelling may represent the pronunciation of a different dialect from the one being considered. Spellings of loanwords often adhere to or are influenced by the orthography of the source language (as with the English words ballet and fajita, from French and Spanish respectively). | https://en.wikipedia.org/wiki/Phonemic_orthography |
With some loanwords, though, regularity is retained either by nativizing the pronunciation to match the spelling (as with the Russian word шофёр, from French chauffeur but pronounced in accordance with the normal rules of Russian vowel reduction; see also spelling pronunciation) or by nativizing the spelling (for example, football is spelt fútbol in Spanish and futebol in Portuguese). Spelling may reflect a folk etymology (as in the English words hiccough and island, so spelt because of an imagined connection with the words cough and isle), or distant etymology (as in the English word debt in which the silent b was added under the influence of Latin). Spelling may reflect morphophonemic structure rather than the purely phonemic (see next section) although it is often also a reflection of historical pronunciation.Most orthographies do not reflect the changes in pronunciation known as sandhi in which pronunciation is affected by adjacent sounds in neighboring words (written Sanskrit and other Indian languages, however, reflect such changes). A language may also use different sets of symbols or different rules for distinct sets of vocabulary items such as the Japanese hiragana and katakana syllabaries (and the different treatment in English orthography of words derived from Latin and Greek). | https://en.wikipedia.org/wiki/Phonemic_orthography |
Alphabetic orthographies often have features that are morphophonemic rather than purely phonemic. This means that the spelling reflects to some extent the underlying morphological structure of the words, not only their pronunciation. Hence different forms of a morpheme (minimum meaningful unit of language) are often spelt identically or similarly in spite of differences in their pronunciation. That is often for historical reasons; the morphophonemic spelling reflects a previous pronunciation from before historical sound changes that caused the variation in pronunciation of a given morpheme. | https://en.wikipedia.org/wiki/Phonemic_orthography |
Such spellings can assist in the recognition of words when reading. Some examples of morphophonemic features in orthography are described below. The English plural morpheme is written -s regardless of whether it is pronounced as /s/ or /z/, e.g. cats and dogs, not cats and dogz. | https://en.wikipedia.org/wiki/Phonemic_orthography |
This is because the and sounds are forms of the same underlying morphophoneme, automatically pronounced differently depending on its environment. (However, when this morpheme takes the form /ɪz/, the addition of the vowel is reflected in the spelling: churches, masses.) Similarly the English past tense morpheme is written -ed regardless of whether it is pronounced as /d/, /t/ or /ɪd/. | https://en.wikipedia.org/wiki/Phonemic_orthography |
Many English words retain spellings that reflect their etymology and morphology rather than their present-day pronunciation. For example, sign and signature include the spelling ⟨sign⟩, which means the same but is pronounced differently in the two words. | https://en.wikipedia.org/wiki/Phonemic_orthography |
Other examples are science /saɪ/ vs. conscience /ʃ/, prejudice /prɛ/ vs. prequel /priː/, nation /neɪ/ vs. nationalism /næ/, and special /spɛ/ vs. species /spiː/. Phonological assimilation is often not reflected in spelling even in otherwise phonemic orthographies such as Spanish, in which obtener "obtain" and optimista "optimist" are written with b and p, but are commonly neutralized with regard to voicing and pronounced in various ways, such as both in neutral style or both in emphatic pronunciation. On the other hand, Serbo-Croatian (Serbian, Croatian, Bosnian and Montenegrin) spelling reflects assimilation so one writes Србија/Srbija "Serbia" but српски/srpski "Serbian". | https://en.wikipedia.org/wiki/Phonemic_orthography |
The final-obstruent devoicing that occurs in many languages (such as German, Polish and Russian) is not normally reflected in the spelling. For example, in German, Bad "bath" is spelt with a final ⟨d⟩ even though it is pronounced /t/, thus corresponding to other morphologically related forms such as the verb baden (bathe) in which the d is pronounced /d/. (Compare Rat, raten ("advice", "advise") in which the t is pronounced /t/ in both positions.) | https://en.wikipedia.org/wiki/Phonemic_orthography |
Turkish orthography, however, is more strictly phonemic: for example, the imperative of eder "does" is spelled et, as it is pronounced (and the same as the word for "meat"), not *ed, as it would be if German spelling were used.Korean hangul has changed over the centuries from a highly phonemic to a largely morphophonemic orthography. Japanese kana are almost completely phonemic but have a few morphophonemic aspects, notably in the use of ぢ di and づ du (rather than じ ji and ず zu, their pronunciation in standard Tokyo dialect), when the character is a voicing of an underlying ち or つ. That is from the rendaku sound change combined with the yotsugana merger of formally different morae. The Russian orthography is also mostly morphophonemic, because it does not reflect vowel reduction, consonant assimilation and final-obstruent devoicing. Also, some consonant combinations have silent consonants. | https://en.wikipedia.org/wiki/Phonemic_orthography |
A defective orthography is one that is not capable of representing all the phonemes or phonemic distinctions in a language. An example of such a deficiency in English orthography is the lack of distinction between the voiced and voiceless "th" phonemes ( and , respectively), occurring in words like this (voiced) and thin (voiceless) respectively, with both written ⟨th⟩. | https://en.wikipedia.org/wiki/Phonemic_orthography |
Languages whose current orthographies have a high grapheme-to-phoneme and phoneme-to-grapheme correspondence (excluding exceptions due to loan words and assimilation) include: Many otherwise phonemic orthographies are slightly defective: Malay (incl. Malaysian and Indonesian), Italian, Maltese, Welsh, and Kazakh do not fully distinguish their vowels; Lithuanian and Serbo-Croatian do not distinguish tone and vowel length (also additional vowels for Lithuanian); Latvian does not distinguish tone and some of its vowels; Somali does not distinguish vowel phonation; and the graphemes b and v represent the same phoneme in all varieties of Spanish (except in Valencia), while in the Spanish of the Americas, /s/ can be represented by graphemes s, c, or z. Modern Indo-Aryan languages like Hindi, Punjabi, Gujarati, Maithili and several others feature schwa deletion, where the implicit default vowel is suppressed without being explicitly marked as such. Others, like Marathi, do not have a high grapheme-to-phoneme correspondence for vowel lengths. French, with its silent letters and its heavy use of nasal vowels and elision, may seem to lack much correspondence between spelling and pronunciation, but its rules on pronunciation, though complex, are consistent and predictable with a fair degree of accuracy. | https://en.wikipedia.org/wiki/Phonemic_orthography |
The phoneme-to-letter correspondence, on the other hand, is often low and a sequence of sounds may have multiple ways of being spelt, often with different meanings. Orthographies such as those of German, Hungarian (mainly phonemic with the exception ly, j representing the same sound, but consonant and vowel length are not always accurate and various spellings reflect etymology, not pronunciation), Portuguese, and modern Greek (written with the Greek alphabet), as well as Korean hangul, are sometimes considered to be of intermediate depth (for example they include many morphophonemic features, as described above). Similarly to French, it is much easier to infer the pronunciation of a German word from its spelling than vice versa. | https://en.wikipedia.org/wiki/Phonemic_orthography |
For example, for speakers who merge /eː/ and /ɛː/, the phoneme /eː/ may be spelt e, ee, eh, ä or äh. English orthography is highly non-phonemic. | https://en.wikipedia.org/wiki/Phonemic_orthography |
The irregularity of English spelling arises partly because the Great Vowel Shift occurred after the orthography was established; partly because English has acquired a large number of loanwords at different times, retaining their original spelling at varying levels; and partly because the regularisation of the spelling (moving away from the situation in which many different spellings were acceptable for the same word) happened arbitrarily over a period without any central plan. However even English has general, albeit complex, rules that predict pronunciation from spelling, and several of these rules are successful most of the time; rules to predict spelling from the pronunciation have a higher failure rate. Most constructed languages such as Esperanto and Lojban have mostly phonemic orthographies. | https://en.wikipedia.org/wiki/Phonemic_orthography |
The syllabary systems of Japanese (hiragana and katakana) are examples of almost perfectly shallow orthography – exceptions include the use of ぢ and づ (discussed above) and the use of は, を, and へ to represent the sounds わ, お, and え, as relics of historical kana usage. There is also no indication of pitch accent, which results in homography of words like 箸 and 橋 (はし in hiragana), which are distinguished in speech. Xavier Marjou uses an artificial neural network to rank 17 orthographies according to their level of Orthographic depth. Among the tested orthographies, Chinese and French orthographies, followed by English and Russian, are the most opaque regarding writing (i.e. phonemes to graphemes direction) and English, followed by Dutch, is the most opaque regarding reading (i.e. graphemes to phonemes direction); Esperanto, Arabic, Finnish, Korean, Serbo-Croatian and Turkish are very shallow both to read and to write; Italian is shallow to read and very shallow to write, Breton, German, Portuguese and Spanish are shallow to read and to write. | https://en.wikipedia.org/wiki/Phonemic_orthography |
With time, pronunciations change and spellings become out of date, as has happened to English and French. In order to maintain a phonemic orthography such a system would need periodic updating, as has been attempted by various language regulators and proposed by other spelling reformers. Sometimes the pronunciation of a word changes to match its spelling; this is called a spelling pronunciation. This is most common with loanwords, but occasionally occurs in the case of established native words too. | https://en.wikipedia.org/wiki/Phonemic_orthography |
In some English personal names and place names, the relationship between the spelling of the name and its pronunciation is so distant that associations between phonemes and graphemes cannot be readily identified. Moreover, in many other words, the pronunciation has subsequently evolved from a fixed spelling, so that it has to be said that the phonemes represent the graphemes rather than vice versa. And in much technical jargon, the primary medium of communication is the written language rather than the spoken language, so the phonemes represent the graphemes, and it is unimportant how the word is pronounced. Moreover, the sounds which literate people perceive being heard in a word are significantly influenced by the actual spelling of the word.Sometimes, countries have the written language undergo a spelling reform to realign the writing with the contemporary spoken language. These can range from simple spelling changes and word forms to switching the entire writing system itself, as when Turkey switched from the Arabic alphabet to a Turkish alphabet of Latin origin. | https://en.wikipedia.org/wiki/Phonemic_orthography |
Methods for phonetic transcription such as the International Phonetic Alphabet (IPA) aim to describe pronunciation in a standard form. They are often used to solve ambiguities in the spelling of written language. They may also be used to write languages with no previous written form. Systems like IPA can be used for phonemic representation or for showing more detailed phonetic information (see Narrow vs. broad transcription). | https://en.wikipedia.org/wiki/Phonemic_orthography |
Phonemic orthographies are different from phonetic transcription; whereas in a phonemic orthography, allophones will usually be represented by the same grapheme, a purely phonetic script would demand that phonetically distinct allophones be distinguished. To take an example from American English: the /t/ sound in the words "table" and "cat" would, in a phonemic orthography, be written with the same character; however, a strictly phonetic script would make a distinction between the aspirated "t" in "table", the flap in "butter", the unaspirated "t" in "stop" and the glottalized "t" in "cat" (not all these allophones exist in all English dialects). In other words, the sound that most English speakers think of as /t/ is really a group of sounds, all pronounced slightly differently depending on where they occur in a word. | https://en.wikipedia.org/wiki/Phonemic_orthography |
A perfect phonemic orthography has one letter per group of sounds (phoneme), with different letters only where the sounds distinguish words (so "bed" is spelled differently from "bet"). A narrow phonetic transcription represents phones, the sounds humans are capable of producing, many of which will often be grouped together as a single phoneme in any given natural language, though the groupings vary across languages. | https://en.wikipedia.org/wiki/Phonemic_orthography |
English, for example, does not distinguish between aspirated and unaspirated consonants, but other languages, like Korean, Bengali and Hindi do. The sounds of speech of all languages of the world can be written by a rather small universal phonetic alphabet. A standard for this is the International Phonetic Alphabet. | https://en.wikipedia.org/wiki/Phonemic_orthography |
The Occupational Safety and Health Administration (OSHA ) is a regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. : 12, 16 The United States Congress established the agency under the Occupational Safety and Health Act (OSH Act), which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance." The agency is also charged with enforcing a variety of whistleblower statutes and regulations. OSHA's workplace safety inspections have been shown to reduce injury rates and injury costs without adverse effects on employment, sales, credit ratings, or firm survival. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The Bureau of Labor Standards of the Department of Labor has worked on some work safety issues since its creation in 1922. Economic boom and associated labor turnover during World War II worsened work safety in nearly all areas of the United States economy, but after 1945 accidents again declined as long-term forces reasserted themselves. Additionally, new and powerful labor unions played an increasingly important role in worker safety post-World War II. In the 1960s, increasing economic expansion again led to rising injury rates, and the resulting political pressures led Congress to establish the Occupational Safety and Health Administration (OSHA) on April 28, 1971, the date that the Occupational Health and Safety Act became effective. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The new agency incorporated much of what had been the original Bureau of Labor Standards. George Guenther was appointed by Labor Secretary James D. Hodgson as the agency's first director. OSHA has run a number of training, compliance assistance, and health and safety recognition programs throughout its history. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The OSHA Training Institute, which trains government and private sector health and safety personnel, began in 1972. In 1978, the agency began a grant-making program, now called the Susan Harwood Training Grant Program, to train workers and employers in reducing workplace hazards. OSHA started the Voluntary Protection Programs in 1982, which allow employers to apply as "model workplaces" to achieve special designation if they meet certain requirements. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The OSH Act covers most private-sector employers and their workers, in addition to some public-sector employers and workers in the 50 states and certain territories and jurisdictions under federal authority. Those jurisdictions include the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston Island, and the Outer Continental Shelf Lands as defined in the Outer Continental Shelf Lands Act. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The OSH Act covers most private sector employers in all 50 states, the District of Columbia, and other U.S. jurisdictions—either directly through federal OSHA or through an OSHA-approved state plan. State plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA. Federal OSHA approves and monitors all state plans and provides as much as fifty percent of the funding for each program. State-run safety and health programs are required to be at least as effective as the federal OSHA program. The following 22 states or territories have OSHA-approved state programs: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.Federal OSHA provides coverage to certain workplaces specifically excluded from a state’s plan, such as work in maritime industries or on military bases. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Workers at state and local government agencies are not covered by federal OSHA but have OSH Act protections if they work in those states that have an OSHA-approved state program. OSH Act rules also permit states and territories to develop plans that cover only public sector (state and local government) workers. In these cases, private sector workers and employers remain under federal OSHA jurisdiction. Five additional states and one U.S. territory have OSHA-approved state plans that cover public sector workers only: Connecticut, Illinois, Maine, New Jersey, New York, and the Virgin Islands. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
OSHA’s protection applies to all federal agencies. Section 19 of the OSH Act makes federal agency heads responsible for providing safe and healthful working conditions for their workers. OSHA conducts inspections of federal facilities in response to workers' reports of hazards and under programs that target high-hazard federal workplaces.Federal agencies must have a safety and health program that meets the same standards as private employers. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
OSHA issues “virtual fines” to federal agencies – following an inspection where violations are found, OSHA issues a press release stating the size of the fine would be if the federal agency were a private sector employer. Under a 1998 amendment, the OSH Act covers the U.S. Postal Service the same as any private sector employer. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The OSH Act does not cover the self-employed, immediate family members of farm employers, or workplace hazards regulated by another federal agency (for example, the Mine Safety and Health Administration, the Department of Energy, or Coast Guard). | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Employers have the responsibility to provide a safe workplace.By law, employers must provide their workers with a workplace that does not have serious hazards, and they must follow all OSH Act safety and health standards. Employers are obligated to identify and rectify safety and health problems. The OSH Act further requires that employers must first attempt to eliminate or reduce hazards by making feasible changes in working conditions, rather than relying solely on personal protective equipment such as masks, gloves, or earplugs. Examples of effective ways to eliminate or reduce risks include switching to safer chemicals, enclosing processes to trap harmful fumes, or using ventilation systems to clean the air. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Employers must also: Inform workers about chemical hazards through training, labels, alarms, color-coded systems, chemical information sheets, and other relevant methods.. Provide safety training to workers in a language and vocabulary they can understand. Keep accurate records of work-related injuries and illnesses. Perform tests in the workplace, such as air sampling, required by some OSH Act standards. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Provide the required personal protective equipment at no cost to workers, as employers must pay for most types of required personal protective equipment. Provide hearing exams or other medical tests when required by OSH Act standards. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Post OSHA citations and annually post injury and illness summary data where workers can see them. Notify OSHA within eight hours of a workplace fatality and within 24 hours of all work-related inpatient hospitalizations. Prominently display the official OSHA Job Safety and Health – It’s the Law poster that describes rights and responsibilities under the OSH Act. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Not retaliate or discriminate against workers for using their rights under the law, including their right to report a work-related injury or illness.Workers have the right to: Working conditions that do not pose a risk of serious harm. File a confidential complaint with OSHA to have their workplace inspected. Receive information and training about hazards, methods to prevent harm, and the OSH Act standards that apply to their workplace. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The training must be conducted in a language and vocabulary that workers can understand. Receive copies of records of work-related injuries and illnesses that occur in their workplace. Receive copies of the results from tests and monitoring conducted to identify and measure hazards in their workplace. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Receive copies of their workplace medical records. Participate in an OSHA inspection and speak in private with the inspector. File a complaint with OSHA if they have faced retaliation or discrimination from their employer as a result of requesting an inspection or exercising any of their other rights under the OSH Act. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
File a complaint if punished or retaliated against for acting as a 'whistleblower' under the 21 additional federal laws for which OSHA has jurisdiction.Temporary workers must be treated like permanent employees. Staffing agencies and host employers share joint accountability for temporary workers. Both entities are therefore obligated to comply with workplace health and safety requirements and ensure worker safety and health. OSHA could hold both the host and temporary employers responsible for any violations. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The Occupational Safety and Health Act grants OSHA the authority to issue workplace health and safety regulations. These regulations include limits on hazardous chemical exposure, employee access to hazard information, requirements for the use of personal protective equipment, and requirements to prevent falls and hazards from operating dangerous equipment. The OSH Act's current Construction, General Industry, Maritime, and Agriculture standards are designed to protect workers from a wide range of serious hazards. Examples of OSHA standards include requirements for employers to provide fall protection such as a safety harness/line or guardrails; prevent trenching cave-ins; prevent exposure to some infectious diseases; ensure the safety of workers who enter confined spaces; prevent exposure to harmful chemicals; put guards on dangerous machines; provide respirators or other safety equipment, and provide training for certain dangerous jobs in a language and vocabulary workers can understand. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
OSHA sets enforceable permissible exposure limits (PELs) to protect workers against the health effects of exposure to hazardous substances, including limits on the airborne concentrations of hazardous chemicals in the air. Most of OSHA’s PELs were issued shortly after the adoption of the OSH Act in 1970. Attempts to issue more stringent PELs have been blocked by litigation from the industry; thus, the vast majority of PELs have not been updated since 1971. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The agency has issued non-binding, alternate occupational exposure limits that may better protect workers.Employers must also comply with the General Duty Clause of the OSH Act. This clause requires employers to keep their workplaces free of serious recognized hazards and is generally cited when no specific OSHA standard applies to the hazard. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
In its first year of operation, OSHA was permitted to adopt regulations based on guidelines set by certain standards organizations, such as the American Conference of Governmental Industrial Hygienists, without going through all of the requirements of a typical rule-making. OSHA is granted the authority to promulgate standards that prescribe the methods employers are legally required to follow to protect their workers from hazards. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Before OSHA can issue a standard, it must go through a very extensive and lengthy process that includes substantial public engagement, notice, and comment. The agency must show that a significant risk to workers exists and that there are feasible measures employers can take to protect their workers. In 2000, OSHA issued an ergonomics standard. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
In March 2001, Congress voted to repeal the standard through the Congressional Review Act. The repeal, one of the first major pieces of legislation signed by President George W. Bush, is the first instance that Congress has successfully used the Congressional Review Act to block regulation. Since 2001, OSHA has issued the following standards: 2002: Exit Routes, Emergency Action Plans, and Fire Prevention Plans 2004: Commercial Diving Operations 2004: Fire Protection in Shipyards 2006: Occupational Exposure to Hexavalent Chromium 2006: Assigned Protection Factors for Respiratory Protection Equipment 2007: Electrical Installation Standard 2007: Personal Protective Equipment Payment (Clarification) 2008: Vertical Tandem Lifts 2010: Cranes and Derricks in Construction 2010: General Working Conditions in Shipyards 2012: GHS Update to the Hazard Communication Standard 2014: New Recordkeeping and Reporting Requirements for Employers 2014: Revision to Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment 2016: Occupational Exposure to Respirable Crystalline Silica 2016: Update General Industry Walking-Working Surfaces and Fall Protection Standards | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
OSHA is responsible for enforcing its standards on regulated entities. Compliance Safety and Health Officers carry out inspections and assess fines for regulatory violations. Inspections are planned for worksites in particularly hazardous industries. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Inspections can also be triggered by a workplace fatality, multiple hospitalizations, worker complaints, or referrals. OSHA is a small agency, given the size of its mission: with its state partners, OSHA has approximately 2,400 inspectors covering more than 8 million workplaces where 130 million workers are employed. In Fiscal Year 2012 (ending Sept. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
30), OSHA and its state partners conducted more than 83,000 inspections of workplaces across the United States — just a fraction of the nation’s worksites. According to a report by AFL–CIO, it would take OSHA 129 years to inspect all workplaces under its jurisdiction.Enforcement plays an important part in OSHA’s efforts to reduce workplace injuries, illnesses, and fatalities. Inspections are initiated without advance notice, conducted using on-site or telephone and facsimile investigations, performed by trained compliance officers and scheduled based on the following priorities: imminent danger; catastrophes – fatalities or hospitalizations; worker complaints and referrals; targeted inspections – particular hazards, high injury rates; and follow-up inspections. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Current workers or their representatives may file a complaint and ask OSHA to inspect their workplace if they believe that there is a serious hazard or that their employer is not following OSHA standards. Workers and their representatives have the right to ask for an inspection without OSHA telling their employer who filed the complaint. It is a violation of the OSH Act for an employer to fire, demote, transfer or in any way discriminate against a worker for filing a complaint or using other OSHA rights. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
When an inspector finds violations of OSHA standards or serious hazards, OSHA may issue citations and fines. A citation includes methods an employer may use to fix a problem and the date by which the corrective actions must be completed. OSHA’s fines are very low compared with other government agencies. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
They were raised for the first time since 1990 on August 2, 2016, to comply with the 2015 Federal Civil Penalties Inflation Adjustment Act Improvements Act passed by Congress to advance the effectiveness of civil monetary penalties and to maintain their deterrent effect. The new law directs agencies to adjust their penalties for inflation each year. The maximum OSHA fine for a serious violation is $13,653 (which can be assessed daily after a failure to "abate" the violation) and the maximum fine for a repeat or willful violation is $136,532. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
In determining the amount of the proposed penalty, OSHA must take into account the gravity of the alleged violation and the employer’s size of business, good faith, and history of previous violations. Employers have the right to contest any part of the citation, including whether a violation actually exists. Workers only have the right to challenge the deadline by which a problem must be resolved. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Appeals of citations are heard by the independent Occupational Safety and Health Review Commission (OSHRC). In 2020, the COVID-19 pandemic caused about 1,300 workers and their families to contract the virus, with four deaths, at the Smithfield Foods packing plant in Sioux Falls, South Dakota. The governor, Kristi Noem, resisted initiating and enforcing measures to protect workers and the community. The plant was fined $13,494 – the maximum allowed at the time – by OSHA for what was considered a single violation.OSHA carries out its enforcement activities through its 10 regional offices and 90 area offices. OSHA’s regional offices are located in Boston, New York City, Philadelphia, Atlanta, Chicago, Dallas, Kansas City, Denver, San Francisco, and Seattle. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Tracking and investigating workplace injuries and illnesses play an important role in preventing future injuries and illnesses. Under OSHA’s Recordkeeping regulation, certain covered employers in high-hazard industries are required to prepare and maintain records of serious occupational injuries and illnesses. This information is important for employers, workers, and OSHA in evaluating the safety of a workplace, understanding industry hazards, and implementing worker protections to reduce and eliminate hazards. Employers with more than ten employees and whose establishments are not classified as a partially exempt industry must record serious work-related injuries and illnesses using OSHA Forms 300, 300A and 301. Recordkeeping forms, requirements, and exemption information are on OSHA’s website. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
OSHA’s Whistleblower Protection Program (WPP) enforces the whistleblower provisions of the Occupational Safety and Health Act and 24 other statutes protecting workers who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, maritime and securities laws. Unlike OSHA’s Safety Enforcement complaints (or referrals) being completely anonymous, OSHA’s whistleblower investigations can not be anonymous as a Respondent is required to address all allegations of adverse actions taken against Complainant’s employment. Additionally, these whistleblower investigations follow the McDonnell-Douglas burden shifting framework. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
WPP’s Investigators conduct complex investigations pertaining to complaints of retaliation by an employer (Respondent) against an employee (Complainant) who reported a violation(s) covered under one of the 25 statutes. WPP Investigators act as neutral fact-finders; they do not work for either the Complainant or Respondent. A WPP Investigator’s job is to impartially gather and analyze all relevant evidence to determine whether unlawful whistleblower retaliation has occurred. Over the years, OSHA’s WPP has been responsible for enforcing these laws that protect the rights of workers to speak up without fear of retaliation, regardless of the relationship of these laws to occupational safety and health matters. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
OSHA has developed several training, compliance assistance, and health and safety recognition programs throughout its history. The OSHA Training Institute, which trains government and private sector health and safety personnel, began in 1972. In 1978, the agency began a grant-making program, now called the Susan Harwood Training Grant Program, to train workers and employers in identifying and reducing workplace hazards.The Voluntary Protection Program (VPP) recognizes employers and workers in private industry and federal agencies who have implemented effective safety and health management programs and maintain injury and illness rates below the national average for their respective industries. In VPP, management, labor, and OSHA work cooperatively and proactively to prevent fatalities, injuries, and illnesses through a system focused on: hazard prevention and control, worksite analysis, training, and management commitment and worker involvement.OSHA’s On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Each year, responding to requests from small employers looking to create or improve their safety and health management programs, OSHA’s On-site Consultation Program conducts over 29,000 visits to small business worksites covering over 1.5 million workers across the nation. On-site consultation services are separate from enforcement and do not result in penalties or citations. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management programs.Under the consultation program, certain exemplary employers may request participation in OSHA’s Safety and Health Achievement Recognition Program (SHARP). Eligibility for participation includes, but is not limited to, receiving a full-service, comprehensive consultation visit, correcting all identified hazards, and developing an effective safety and health management program. Worksites that receive SHARP recognition are exempt from programmed inspections during the period that the SHARP certification is valid.OSHA also provides compliance assistance through its national and area offices. Through hundreds of publications in a variety of languages, website safety, and health topics pages, and through compliance assistance staff, OSHA provides information to employers and workers on specific hazards and OSHA rights and responsibilities. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
A 2012 study in Science found that OSHA's random workplace safety inspections caused a "9.4% decline in injury rates" and a "26% reduction in injury cost" for the inspected firms. The study found "no evidence that these improvements came at the expense of employment, sales, credit ratings, or firm survival." A 2020 study in the American Economic Review found that the decision by the Obama administration to issue press releases that named and shamed facilities that violated OSHA safety and health regulations led other facilities to increase their compliance and to experience fewer workplace injuries. The study estimated that each press release had the same effect on compliance as 210 inspections.Much of the debate about OSHA regulations and enforcement policies revolve around the cost of regulations and enforcement, versus the actual benefit in reduced worker injury, illness, and death. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
A 1995 study of several OSHA standards by the Office of Technology Assessment (OTA) found that OSHA relies "generally on methods that provide a credible basis for the determinations essential to rulemaking." Though it found that OSHA's findings and estimates are "subject to vigorous review and challenge", it stated that this is natural because "interested parties and experts involved in rulemakings have differing visions. "OSHA has come under considerable criticism for the ineffectiveness of its penalties, particularly its criminal penalties. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The maximum penalty is a misdemeanor with a maximum of 6 months in jail. In response to the criticism, OSHA, in conjunction with the Department of Justice, has pursued several high-profile criminal prosecutions for violations under the Act and has announced a joint enforcement initiative between OSHA and the United States Environmental Protection Agency (EPA) which has the ability to issue much higher fines than OSHA. Meanwhile, Congressional Democrats, labor unions, and community safety and health advocates are attempting to revise the OSH Act to make it a felony with much higher penalties to commit a willful violation that results in the death of a worker. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
Some local prosecutors are charging company executives with manslaughter and other felonies when criminal negligence leads to the death of a worker.A New York Times investigation in 2003 showed that over the 20-year period from 1982 to 2002, 2,197 workers died in 1,242 incidents in which OSHA investigators concluded that employers had willfully violated workplace safety laws. In 93% of these fatality cases arising from wilful violation, OSHA made no referral to the U.S. Department of Justice for criminal prosecution. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The Times investigation found that OSHA had failed to pursue prosecution "even when employers had been cited before for the very same safety violation" and even in cases where multiple workers died. In interviews, current and former OSHA officials said that the low rates of criminal enforcement were the result of "a bureaucracy that works at every level to thwart criminal referrals. | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
... that fails to reward, and sometimes penalizes, those who push too hard for prosecution" and that " aggressive enforcement suffocated by endless layers of review.OSHA has also been criticized for taking too long to develop new regulations. For instance, speaking about OSHA under the George W. Bush presidency on the specific issue of combustible dust explosions, Chemical Safety Board appointee Carolyn Merritt said: "The basic disappointment has been this attitude of no new regulation. They don't want the industry to be pestered. In some instances, the industry has to be pestered in order to comply." | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The director of OSHA is the Assistant Secretary of Labor for Occupational Safety and Health. George Guenther (April 1971 - January 1973) M. Chain Robbins (Acting, January 1973 - April 1973) John Stender (April 1973 - July 1975) Bert Concklin & Marshall Miller (Acting, July 1975 - December 1975) Morton Corn, (December 1975 - January 1977) Bert Concklin (Acting, January 1977 - April 1977) Eula Bingham, (April 1977 - January 1981) David Zeigler (Acting, January 1981 - March 1981) Thorne G. Auchter, (March 1981 - April 1984) Patrick Tyson (Acting, April 1984 - July 1984) Robert A. Rowland (Recess appointment; never confirmed, July 1984 - July 1985) Patrick Tyson (Acting, July 1985 - May 1986) John A. Pendergrass (May 1986 - March 1989) Alan C. McMillan (Acting, April 1989 - October 1989) Gerard F. Scannell (October 1989 - January 1992) Dorothy L. Strunk (Acting, January 1992 - January 1993) David Zeigler (Acting, January 1993 - November 1993) Joseph A. Dear (November 1993 - January 1997) Gregory R. Watchman (Acting, January 1997 - November 1997) Charles N. Jeffress (November 1997 - January 2001) R. Davis Layne (Acting, January 2001 - August 2001) John L. Henshaw (August 2001 - December 2004) Jonathan L. Snare (Acting, January 2005 - April 3, 2006) Edwin G. Foulke, Jr. (April 3, 2006 - November 7, 2008) Thomas M. Stohler (Acting, November 7, 2008 – January 20, 2009) Donald Shalhoub (Acting, January 20, 2009 - April 2009) Jordan Barab (Acting, April 2009 - December 8, 2009) David Michaels (December 8, 2009 - January 10, 2017) Loren Sweatt (Acting, September 2017 - November 2017; February 2018 - May 2019) James Frederick (Acting, April 2021 - 3, November 2021) Douglas L. Parker (November 3, 2021 – present) | https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration |
The Nine Lights Doctrine refers to an ideology introduced by Alparslan Turkeş, the founder of the Nationalist Movement Party (MHP) of Turkey. | https://en.wikipedia.org/wiki/Nine_Lights_Doctrine |
Each of the lights is presented as a precept "good-for-everybody". The nine lights are as follows: Patriotism: (also known as Nationalism) Everything is for the Turkish nation, together with the Turkish nation and according to the Turkish nation, which can be summed up in words, is loyalty to the Turkish nation, love and loyalty and service to the Turkish state. Idealism: To adopt Turkishness, pride and consciousness in line with Islamic morals and virtues. Morality: The principles of preserving and developing the high existence of the Turkish nation in accordance with its spirit, customs and traditions are called the principles of morality. | https://en.wikipedia.org/wiki/Nine_Lights_Doctrine |
Social mindedness: It is the view that all kinds of activities should be carried out for the benefit of society. It covers two separate sections as social and economic. It accepts property as an economic view, but indicates an opinion that opposes the abuse of property to the detriment of the nation. | https://en.wikipedia.org/wiki/Nine_Lights_Doctrine |
It envisages a mixed economy and state control of the main strategic economic activities. It accepts the establishment of social justice order, equal opportunity, social security and social assistance organization as a social view. Scientific mentality: It is the principle of examining the events and existence with the thought of science by removing prejudices and afterthoughts and making the scientific leader in all kinds of activities to be undertaken. | https://en.wikipedia.org/wiki/Nine_Lights_Doctrine |
Freedom: Personality is related to the personal development of the individual. Personal development reveals the personality of an individual by blending it with the environment and culture in which the individual is located. Liberty means independence and freedom. | https://en.wikipedia.org/wiki/Nine_Lights_Doctrine |
Independence and freedom are important for the peaceful existence of countries and people. Peasant care: It envisages development by combining villages into agricultural cities. It aims to become cooperative in order to save the peasant from the usurers and to provide the loan and other aid they need. | https://en.wikipedia.org/wiki/Nine_Lights_Doctrine |
In particular, it aims to bring prosperity to the villagers living in the forest region first and foremost. And it foresees investment in the villagers. Populism: People and civilisations always develop by wanting and seeking better, more beautiful, more perfect. | https://en.wikipedia.org/wiki/Nine_Lights_Doctrine |
It is the consciousness of not being content with what one has and always wanting more and making an effort to achieve it. However, in these efforts and efforts, the aim is to rise and progress without breaking away from the history, national identity and roots of the Turkish nation. We accept being with the people towards the people in every work to be done, as an indispensable principle of progress and promotion. Industrialisation: For the development of the Turkish nation, it is necessary to industrialize quickly and prepare for the nuclear and space era. | https://en.wikipedia.org/wiki/Nine_Lights_Doctrine |
The Nine Lights Doctrine was first published in 1965 as a political pamphlet, but by 1978 it evolved into an ideology presented in a book of 672 pages. The nine light doctrine was included into the party program of the Republican Peasants' Nationalist Party in 1967, which later changed its name and evolved into the Nationalist Movement Party (MHP) in 1969. Fikret Eren further elaborated on the Nine Lights Doctrine and explained that the national societalist ideology was different than both socialism and capitalism which he claimed would exploit the majority of the population. | https://en.wikipedia.org/wiki/Nine_Lights_Doctrine |
He demanded the creation of ten percent farmer villages in Turkey which then would produce for the local population. The membership in workers unions would have to be mandatory, but not under the control of the state. == References == | https://en.wikipedia.org/wiki/Nine_Lights_Doctrine |
Criminal transmission of HIV is the intentional or reckless infection of a person with the human immunodeficiency virus (HIV). This is often conflated, in laws and in discussion, with criminal exposure to HIV, which does not require the transmission of the virus and often, as in the cases of spitting and biting, does not include a realistic means of transmission. Some countries or jurisdictions, including some areas of the U.S., have enacted laws expressly to criminalize HIV transmission or exposure, charging those accused with criminal transmission of HIV. Other countries charge the accused under existing laws with such crimes as murder, manslaughter, attempted murder, assault or fraud. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
Criminal transmission of HIV is now better known as HIV non-disclosure, which is the criminal offence in some jurisdictions for not disclosing an HIV positive status. This can be intentionally or unknowingly not disclosing HIV status and then exposing or transmitting HIV to a person. HIV non-disclosure includes intentional transmission, accidental transmission, unknowing transmission (where the source individual is unaware of their infection), and exposure to HIV with no transmission. Individuals have been accused of and charged for HIV non-disclosure even if no harm was intended and if HIV was not actually transmitted. Laws in some countries also criminalize mother-to-child transmission of HIV during pregnancy/birth or breastfeeding. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
HIV is spread when one of these bodily fluids: blood, semen, pre-seminal fluid, breast milk, rectal fluids, or vaginal fluids of an HIV-positive person comes into contact with a mucous membrane or bloodstream of an HIV-negative person. HIV transmission can occur via: Unprotected sexual intercourse Sharing needles or other equipment in injection drug use Intentionally attacking people with HIV infected needles Mother-to-child during pregnancy, childbirth, or breastfeeding Receiving a blood transfusion or organ donation – although this is unlikely because blood and organ donations are extensively tested for HIV | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
Having a low viral load decreases the chance of transmitting HIV. A person living with HIV who is taking effective antiretroviral therapy will have a viral load that becomes so low, it is undetectable (less than 50 copies of virus per milliliter). Undetectable viral loads are untransmittable. Proper use of external condoms or internal condoms also greatly reduces any chance of transmission. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
In many English-speaking countries and in most of the states who have signed the European Convention of Human Rights, knowingly infecting others with HIV can lead to criminal prosecution. One such case is that of Thomas Guerra, an American landscape architect, who became the first person in the state of California to be convicted for intentionally infecting another individual with HIV. In court, prosecutors presented 11,000 text messages and 36 audio clips to support their case against Guerra. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
Since then, Guerra has been accused of intentionally exposing dozens of other men to HIV.In a 2004 survey of the latter group, the Global Network of People Living with HIV/AIDS found that at least one prosecution had occurred in about half of these countries, and that in Finland, Sweden and Slovakia, about 0.5% to 1% of all people reported to be living with HIV/AIDS had been prosecuted for alleged intentional or "negligent" transmission of HIV. In many developing countries such as Thailand where the HIV/AIDS pandemic has been much more serious, laws regarding criminalisation of intentional transmission have been either weak or non-existent.From a global perspective, the U.S. and Canada account for the vast majority of reported prosecutions. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
In Australia the regulations concerned with the transmission of HIV are found in two sources, the Public Healths Acts and in the criminal law. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
The New South Wales (NSW) Public Health Act from 2010 regulates under section 79 that a person with HIV must disclose their status to all sexual partners. Under section 79(3) it is a defence, if the court is satisfied, that the defendant took reasonable precautions to prevent the transmission. In other Australian states, there is no specific legislative requirement to disclose.Interventions may range from counseling through to restrictive orders, with detention as a last resort. If talking about the problems of practising safe sex does not help, the doctor may obtain a Public Health Order to manage the behaviour of the HIV positive person. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
Only a small number of sex workers and clients have received a Public Health Order or 'management' intervention for potentially breaking the law.Under the criminal law, a person with HIV is criminally liable for prosecution if they have intentionally transmitted the virus to their partner without informing them of their status. In NSW the relevant offences are separated into those done intentionally (s. 33 of the Crimes Act 1900), and those done recklessly (s. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
35). The definition of grievous bodily harm (GBH) now explicitly includes (in ss. 4(1)(c)) 'any grievous bodily disease'. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
This means that the infliction of grievous bodily harm refers to causing a person to contract a grievous bodily disease. Under section 33 a person who intends to inflict grievous bodily harm on another person can be imprisoned for up to 25 years while under section 35 a person who recklessly causes another person grievous bodily harm can be imprisoned for up to 10 years and 14 years if in company. This can include causing someone to be infected with HIV. A person is generally deemed as reckless when they are aware that there is a risk that another person may be caused as a result of their actions, but they proceed to act anyway. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
Though the Canadian criminal code does not contain any HIV-specific offences, undisclosed HIV transmission and exposure have been prosecuted as aggravated assault, aggravated sexual assault and other offences. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
Commonly referred to as "HIV non-disclosure", criminal transmission of HIV in Canada is defined as a "realistic possibility of transmission" of HIV during sexual intercourse. The Supreme Court of Canada defined "no realistic possibility of transmission" as (1) using a condom and (2) having a low or undetectable viral load. However, the threshold for a low viral load was not defined until 2017 when the Criminal Justice System's Response to Non-Disclosure of HIV made conclusions about the current laws on HIV non-disclosure including that people with low viral loads (under 200 copies of HIV per milliliter of blood) should not be convicted under the criminal law.In 2019, the House of Commons Standing Committee on Justice and Human Rights released a report on the criminalization of HIV non-disclosure in Canada with four recommendations for the House of Commons and the Canadian Government. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
The committee recommended that a new law be created specifically for the transmission of HIV, instead of relying on pre-existing laws such as sexual assault. They recommended that this law be applicable only when HIV is actually transmitted and "HIV non-disclosure should never be prosecuted if (1) the infected individual has an undetectable viral load (less than 200 copies per millilitre of blood); (2) condoms are used; (3) the infected individual's partner is on PrEP or (4) the type of sexual act (such as oral sex) is one where there is a negligible risk of transmission." This allows for four different scenarios in which HIV positive people will not have to disclose their status because of the nature of the sexual encounter; current laws only allow for one specific scenario with multiple requirements.HIV researchers have criticized the recommendations for not going far enough to counteract the adverse effects that the current law imposes on women. Although people living with HIV are generally aware of non-disclosure laws, many do not fully understand the law or understand when they do or do not have to disclose their status. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
The first notable case of HIV non-disclosure is R. v Cuerrier, where the defendant was charged with aggravated assault and sexual transmission of HIV under section 268 of the Criminal Code. The Supreme Court found that the trial judge had misdirected himself and ordered a new trial on two counts of aggravated assault but in May 1999, the British Columbian Attorney-General announced that a new trial would not take place. The Court's ruling caused difficulty because even though it only concerned non-disclosure of HIV-positive status in sexual situations, it unanimously rejected the English authority of R. v Clarence, with L'Heureux-Dubé stating that any fraud could vitiate consent to all types of assault because the autonomy and physical integrity of the person has been violated. Thus, because the Canadian legislature has declined to criminalize the transmission of HIV, the judiciary must address the issues as and when they arise. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
R. v Mabior is the Supreme Court of Canada's most recent decision outlining criminal liability for serostatus nondisclosure. After being diagnosed with HIV in 2004, Clato Mabior underwent aggressive antiretroviral therapy and was adhering to treatment at the time of pursuing sexual relations with multiple partners between 2004–2006. Despite intermittent condom use, HIV was never transmitted to his partners. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
Ultimately, the Court convicted Mabior with six counts of aggravated sexual assault. Subsequent legal precedent has established that failure to disclose HIV-positive status, combined with failure to utilize protective measures (condom use), is sufficiently fraudulent behaviour to constitute turning "consensual" sex into aggravated sexual assault, since the other party has been denied the information necessary to give properly informed consent. The Court's vague justification for serostatus disclosure under circumstances that lead to "significant risk of bodily harm" remained a particularly contentious issue in the aftermath of Cuerrier. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
Because Cuerrier did not expressly define "significant risk", lower courts inconsistently criminalized HIV-positive defendants based on varied interpretations of the clause. In large part, Mabior represents a response to Cuerrier and an attempt to sharpen the criteria. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
In Mabior, the Court found that "significant risk of bodily harm is negated if (i) the accused's viral load at the time of sexual relations was low or undetectable, and (ii) condom protection was used." On 1 December 2005, Jian Ghomeshi filed a report on this issue for the CBC. He asked whether there is a legal obligation to disclose HIV status. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
He held up the case of Johnson Aziga, who was diagnosed in 1996 but then allegedly had unprotected sex with at least 13 women. Aziga was charged with two counts of murder and 11 counts of aggravated sexual assault; the prosecution claims that he did not disclose his status. In 2009, Aziga was found guilty of the 2 counts of first-degree murder, 10 counts of aggravated sexual assault and 1 count of attempted aggravated sexual assault.Several Canadian courts had ruled that people who are not informed that a sexual partner is HIV-positive cannot truly give consent to sex. As a result, the death of Aziga's partners was automatically considered to be murder instead of the lesser charge of manslaughter. However, in Mabior the Supreme Court rejected the view that consent will always be vitiated by non-disclosure of HIV-positive status, substituting the rule that there will be no consent only if in addition to the non-disclosure there was a realistic possibility of transmission of HIV. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
The first case of criminal HIV infection in Finland was that of Steven Thomas, a US citizen from New York, who was convicted in 1997 in Helsinki for knowingly infecting Finnish women with HIV during 1993–1996. In January 1997, Finnish police published Thomas' picture in newspapers and stated that Thomas may have infected tens or even hundreds of Finnish women with HIV. Seventeen women said they had been in unprotected sexual contact with Thomas.Thomas was given a 14-year prison sentence at the Helsinki court on 10 July 1997 for 17 counts of attempted manslaughter. Thomas was found to have infected 5 of the 17 women with HIV, and was ordered to pay damages of $63,000–$73,000 to each infected victim. | https://en.wikipedia.org/wiki/Criminal_transmission_of_HIV |
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