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Resources / Insights & News / Page 4
Kingston Reid's 'A word to the WISE' podcasts cover a range of Workplace Relations,
Employment and Workplace Health & Safety issues for professionals working in this area.
Listen on Apple Podcasts | Spotify
"On the spot" fines for Victorian OHS offences starting on 31 July 2021
On 20 July 2021 new regulations, known as the Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021 (Vic), were made to establish a safety infringement notice scheme in Victoria (Scheme).
Under the Scheme, which commences on 31 July 2021, WorkSafe inspectors will have the power to issue "on-the-spot" fines to employers and other duty holders, including workers, who are found to be in breach of particular provisions of the OHS Act and the OHS Regulations.
The Scheme permits WorkSafe inspectors to issue infringement notices in respect of 54 prescribed offences, such as:
a failure by an employer to allow a health and safety representative(HSR) to have access to information relating to the HSR's designated work group identified in section 69(1)(a) of the OHS Act;
an employer allowing an employee to perform high risk work without an appropriate high risk work licence;
a person (i.e. a worker) who holds a construction induction card not keeping the card available for immediate inspection on request;
a failure by an employer or self-employed person to keep a copy of a safe work method statement for high risk construction work for the duration of that work;
a failure by the principal contractor for a construction project to keep, and make available for inspection, a copy of a health and safety co-ordination plan (and any revisions to that plan) for the duration of the project.
For an individual, the fine will be up to $363.48. For a company, the fine can be up to $1,817.40.
The intent behind the Scheme appears to be to use infringement notices to punish offences where the contraventions are clear and do not need to be established through a detailed investigation process.
WorkSafe is not precluded from taking other remedial action against a person simply because an inspector issues them with an infringement notice. For example, it will remain open to the inspector to issue an improvement or prohibition notice to the recipient of an infringement notice. However, the intention appears to be that if an infringement notice is issued, it is unlikely that a prosecution for the same offence will follow.
It will be important for anyone who receives an infringement notice to ensure that it has been validly issued and seek advice about whether it is susceptible to challenge.
If you have any questions about the Scheme, please contact us.
Dominic Fleeton
[email protected] Marcus Topp
Mandated testing and the implications for Employers in Greater Sydney
With the restrictions set to increase for the Greater Sydney region and extend for weeks, the spotlight is currently on the Fairfield local government area and Greater Sydney workers who work more than 50km outside of Greater Sydney (being the outer boundary of Shellharbour, Wollongong, Wollondilly, Blue Mountains, Hawkesbury and Central Coast local government areas).
The NSW Government has now issued Health Orders which came into effect at 12am on Wednesday 14 July 2021, but which take practical effect from 17 July 2021 where a relevant affected worker has taken reasonable steps to be tested by 17 July 2021.
The effect of the Health Orders is to mandate testing for affected workers even if they don't have symptoms.
Affected workers are those who:
reside in, or are staying in temporary accommodation in, the local government area of the City of Fairfield, or
workers who reside in Greater Sydney, or are staying in temporary accommodation in Greater Sydney, and who work more than 50km outside of Greater Sydney.
Workers who need to travel out of the Fairfield local government for work will need to get tested every three days and have evidence of the test available for inspection on request
Workers from Greater Sydney travelling to more than 50km for essential work will be required to undergo weekly COVID-19 testing and have evidence of the test available for inspection on request
Workers will not need to self-isolate while waiting for the results of testing
Occupiers of premises (other than residential premises) must not permit an affected worker to enter or remain at the premises unless they have evidence of a required COVID test.
With approximately 40,000 workers in the Fairfield local government area expected to be moving in and out of the area, more COVID-19 clinics will be needed to minimise queues, reduce frustration and enable work to continue uninterrupted.
For employers who have workers working in, or traveling in and out, of the Fairfield local government area or require testing due to travel beyond the 50 km Greater Sydney boundary, flexibility will need to be provided to enable workers to meet the requirements the Health Order. In short this means employers should:
Assess your operations and consider whether movement of workers in and out of the area can be minimised. To the extent it can, consider the capacity to issue lawful and reasonable directions to workers to perform alternative duties, within their skill set which do not involve travel into or out of the local government area.
Consult with those workers who must continue to travel in and out of the Fairfield local government area to perform their roles. Clear guidance will need to be given to those workers in respect of:
issuing a direction to comply with the Health Order requirements; and
the flexibility arrangements can be put in place to enable the worker to attend a testing site and in circumstances where the testing takes longer than anticipated.
Communicate with impacted workers on the need to provide evidence of the time and fact of the test. While any failure to comply with the Health Orders carries consequences as contemplated by the Order, a failure to follow a lawful and reasonable direction can result in disciplinary action by the employer. Proof of the test can be in the form of a text message, email or other forms of evidence provided by the testing service or laboratory.
While some workers will seek to get tested prior to working hours, it will not be possible for all and as such there will invariably be situations where a worker is attending a test site during working hours. Many employers will likely be able to absorb this inconvenience and continue to pay the worker notwithstanding they are not working for the period they attend the COVID-19 testing clinic.
However depending on the level of disruption and the time it takes for a worker to be tested, or difficulties the employee has in accessing testing, consideration may be given to whether a variation of working hours may be agreed by the parties.
Keeping employees safe and complying with the Health Orders is likely to get harder over the coming days and weeks, as restrictions change and are tightened.
Ensure that you are aware of the latest restrictions. Continue to:
Assess your operations. Can they continue in manner that ensures you are in compliance with them?
Consult with your employees about what the restrictions mean, and how the business can comply with them.
Communicate with impacted workers about what they need to do.
Importantly, occupiers of premises (other than residential premises) must not permit an affected worker to enter or remain at the premises unless they have evidence of a required COVID test. This means that businesses need to check if affected workers can enter their premises.
Further, any person may be directed, if requested by a police officer, to provide proof of residence and evidence that the person has been tested, to ascertain if they are an affected worker.
Christa Lenard
[email protected] John Makris
Proposed changes to Victoria's OHS Act
On 22 June 2021, the Victorian Government introduced the Occupational Health and Safety and Other Legislation Amendment Bill 2021. If passed, the Bill will make a number of significant amendments to the Occupational Health and Safety Act 2004 (OHS Act), some of which align quite closely with aspects of the harmonised WHS legislation in place outside of Victoria.
Extending protections for labour hire workers
The Bill extends the definition of an "employer" and "employee" to ensure that hosts of labour hire workers owe the same duties to those workers as they owe to their own employees.
The Bill adopts the definitions of "worker", "provider" and "labour hire services" contained in the Victorian Labour Hire Licensing Act 2018.
Employers who host labour hire workers will need to review their practices to ensure that, if they are not already doing so, they exercise the same degree of care for the safety of labour hire workers as they do for their employees.
These changes will come into effect six months after the Bill receives Royal Assent.
New obligation for duty holders to consult, cooperate and coordinate regarding labour hire worker safety
The extended protections for labour hire workers will mean that labour hire providers and host employers will owe duties under the OHS Act in respect of the same workers.
The Explanatory Memorandum notes that expanding the definition of employee to include labour hire workers is not intended to require a duplication of effort by host companies and labour hire providers.
However, to encourage labour hire providers and hosts to work together to ensure that all duties owed to labour hire workers are met, the Bill proposes a new obligation – namely every person who owes a duty under the OHS Act to the same worker must, so far as is reasonably practicable, "consult, cooperate and coordinate" (CCC) activities with each other person who has a duty in relation to the same worker.
If passed, the new CCC duty will come into effect six months after the Bill receives Royal Assent.
Failure to comply with the CCC duty will be a criminal offence punishable by fines of up to 180 penalty units (approximately $32,713) for individuals or 900 penalty units (approximately $163,557) for companies.
No insurance against safety fines
The Bill also proposes to prohibit and make void any terms in a contract or other agreement which seek to insure or indemnify a person against liability to pay a pecuniary penalty under the OHS Act. If passed, this prohibition will come into effect the day after the Bill receives Royal Assent.
On and from the first anniversary of the Bill receiving Royal Assent, it will also be an offence to be party to, or enter into, a contract or other agreement of the kind described above.
Importantly, these prohibitions and offences do not extend to insurance policies which provide cover and indemnity for legal defence costs.
If these provisions are enacted, employers will need to discuss them with their insurance brokers to ensure that policies obtained going forward, including liability insurance for directors and officers, do not result in employers or their officers inadvertently committing an offence.
Broadening of powers of Health & Safety Representatives (HSRs) and union right of entry permit holders
The Bill proposes to grant new powers to HSRs and union right of entry permit holders, namely to:
take photographs
take measurements
make sketches
make recordings
Currently, these powers are only available to WorkSafe inspectors.
The Bill will make it a criminal offence for a union permit holder to intentionally use, disclose or provide to another person photos, measurements, sketches or recordings obtained while exercising right of entry, for a purpose not reasonably connected with the exercise of powers under the right of entry provisions of the OHS Act.
This proposed offence should capture the online dissemination of photos or video footage taken by union permit holders at a workplace.
If the Bill is passed, employers will need to update their right of entry policies and protocols to ensure that they take into account the above.
Please contact us if you have any questions or need assistance.
Fair Work Commission Puts Exemption Rates Back on the Menu
Today, the Fair Work Commission issued a provisional view that it will insert an exemption rate into the Restaurant Industry Award for an initial period of 12 months.
If the clause is inserted into the Award, it will mean an employer can agree to pay an employee an hourly rate of pay that is 170% of the award rate of pay and the employee will be exempt from overtime, penalty rates and allowances.
Why is this significant?
Award compliance has proven to be very difficult in recent years. Exemption rates were common prior to award modernisation but were largely phased out in that process. They make complying with awards much simpler.
Exemption rates generally do not attract the onerous time keeping obligations that come with annualised salary provisions. Whether this will be achieved in the clause being proposed in the Restaurant Award is not clear.
One hopes the Commission acts on its provisional view and inserts exemption rates into the Restaurant Award as well as other industry awards. If it does, it will be a big step in improving award compliance.
Why has the Commission made this decision?
The change has been triggered by the unique set of circumstances pertaining to the COVID-19 pandemic. There can be no doubt that the circumstances warrant improved flexibility and less regulatory burden in the restaurant industry, which has been particularly hard hit.
In our view, the benefits associated with exemption rates would be well placed in other industries. We think this helps to solve a problem that existed prior to COVID-19, which was the excessive regulatory burden associated with award compliance.
Tell me the detail
For those of you that appreciate the detail, you can read the Commission's statement here. The clause being proposed is as follows:
R.3 Exemption Rate
R.3.1 An employer and a full time employee (paid at the Level 5 or Level 6 rate of pay) may enter into an agreement to pay the employee no less than 170% of their relevant Level rate of pay each week as set out in clause 18 Minimum Rates of this award (the Exemption Rate).
R.3.2 Where an agreement to pay the Exemption Rate has been made, the following clauses of this award shall not apply:
clauses 16.5 and 16.6 (meal break);
clause 21 (allowances);
clause 23 (overtime rates) but not clause 23.2; and
clause 24 (penalty rates).
R.3.3 Where an agreement has been made to pay an employee the Exemption Rate the employee must be paid the Exemption Rate for each hour worked up to and including 57 hours in a week and for hours worked in excess of 57 in a week the employee must be paid:
150% of the Exemption Rate for the first two hours in excess of 57 in the week; and then
200% of the Exemption Rate thereafter in the week.
R.3.4 The Exemption Rate shall be the rate for the purposes of calculating:
personal leave; and
annual leave.
R.3.5 Clause R3 does not apply to employees classified under the administrative and general stream (Schedule A.4).
Steven Amendola
[email protected] Peter Willink
Not so Super
For the last seven years the superannuation contribution rate has remained unchanged at 9.5%. However, from 1 July 2021 the rate will increase by 0.5% to 10%, and it won't stop there. The rate is legislated to continue to increase by 0.5% annually until it reaches 12% in 2025.
Depending on the remuneration arrangements in place with your employees, the change may result in an increase to your labour costs overnight.
Importantly, it should not be assumed that the income component of an employee's salary can be reduced by 0.5% and redistributed to their superannuation fund. The ability to do so will depend entirely on the specific contractual arrangements in place.
How are compulsory superannuation obligations determined?
The first step in determining how, and by whom, the increase will be funded is to consider the employment contract.
If an employee's remuneration is expressed to exclude superannuation contributions then, absent any other contractual provision (or a policy, procedure or custom and practice giving rise to an implied contractual position) the employer is likely to wear the costs of the increase to the employee's compulsory retirement savings.
Conversely, where the salary or hourly rate is expressed to be inclusive of superannuation contributions and otherwise absorbs all employment entitlements owing to the employee (often referred to as an "absorption clause") the employer may be able to redistribute the salary accordingly, instead of increasing its cost base. This means the take home pay may be reduced by the increase in superannuation.
Prior to the changes on 1 July 2021, closely consider the employment terms and conditions in place.
If you have an "all inclusive salary" or "absorption" clause check it works.
If you don't, consider whether there is another contractual basis for achieving this.
If not, develop a plan to manage the introduction of the increase for your business through contractual or administrative changes such as building the increase into planned pay rises.
Consider any terms in an applicable industrial instrument that may affect your obligations regarding superannuation contributions.
If superannuation changes are causing your business concern, we are here to help.
Sophie Baartz
[email protected] Shelley Williams
[email protected] Liam Fraser
+ 61 7 3071 3113
Further WHS changes afoot
On 20 May 2021, the Commonwealth, State and Territory Minsters responsible for work health and safety met to discuss a range of important issues impacting the work health and safety of Australians.
The discussion centred around review of the content and operation of the model WHS laws which was completed by Ms Marie Boland in late 2018 (Boland review).
The following key developments were identified by the Ministers in a communique released at the conclusion of the meeting.
Industrial manslaughter will not be incorporated into the model WHS laws
One of the key recommendations of the Boland review of the model WHS laws was the introduction of industrial manslaughter offences.
That recommendation fell one vote short of receiving the endorsement of Australian Ministers (with the jurisdictions that have enacted industrial manslaughter offences – being Victoria, the ACT, Queensland, Western Australia and the Northern Territory – voting in favour of the recommendation).
Category 1 offences to be expanded to cover gross negligence
The meeting of Ministers placed emphasis on a need to improve prosecution rates for Category 1 offences under the model WHS laws.
Category 1 offences are the most serious offences against the model WHS laws because they involve conduct that exposes a person to whom a duty is owed to a risk of death or serious injury or illness. Category 1 offences attract the most severe maximum penalties.
At present, to successfully prosecute a Category 1 offence (other than in NSW), a prosecutor must prove that the accused was reckless as to the risk of death or serious injury or illness. Proving recklessness requires the prosecutor to show that a known or obvious risk was consciously disregarded by a defendant.
By contrast, proving criminal negligence does not usually require the prosecutor to establish risks were consciously disregarded. Instead, it requires proof of "such a great falling short of the standard of care which a reasonable [person] would have exercised and which involved such a high risk that death or grievous bodily harm would follow that the doing of the act merited criminal punishment".
The Ministers unanimously agreed to introduce gross negligence as a fault element for Category 1 offences under the model WHS Act.
In NSW, gross negligence is sufficient to give rise to a Category 1 offence. However, that is not the case in the Northern Territory, Queensland, South Australia, the Australian Capital Territory, Tasmania or Western Australia. Accordingly, assuming that the agreement reached by the Ministers is implemented by Parliament in each of those jurisdictions, the threshold for being found guilty of the most serious category of WHS offences will be lowered significantly.
Psychological injury and amendments to model WHS regulations
A majority of Ministers agreed to amend the model WHS Regulations to deal with psychological injury.
Under the current model WHS Act, persons conducting a business or undertaking have a duty to protect workers from psychological hazards as well as physical hazards. This is due to 'psychological health' being including in the definition of 'health'.
This announcement closely follows the Victorian Government announcing that it is developing regulations to provide "clearer guidance" to employers on their obligations relating to psychological risks and hazards.
All employers will need to monitor developments in this space closely to ensure that their safety management systems factor in, and promote compliance with, any new requirements introduced into WHS regulations.
Participants in the food delivery industry are already the subject of focus by safety regulators in certain Australian jurisdictions.
The Ministers' communique notes that Safe Work Australia is developing national work health and safety guidance for the food delivery industry. Further, the Ministers agreed to refer work on:
promoting and strengthening education to Safe Work Australia; and
compliance and enforcement initiatives in relation to food delivery platforms and riders to the heads of workplace safety authorities for consideration.
The Ministers have noted the Commonwealth Government's response to the [email protected]: National Inquiry into Sexual Harassment in Australian Workplaces conducted by the Australian Human Rights Commission.
State and Territory Ministers provided an update on their current or planned work and initiatives directed at addressing sexual harassment in their respective jurisdictions, and are required to formally respond to the Commonwealth by the end of June 2021.
The Ministers agreed to reconvene before the end of the year to receive progress reports from each jurisdiction and Safe Work Australia on the implementation of the agreed recommendations.
Liam Fraser
[email protected] Dominic Fleeton
WA Director Jailed for Workplace Fatality
A small business owner has been sentenced to eight months imprisonment (plus an additional 18 months suspended), a $2,250 fine and his company fined $605,000 in the first custodial sentence for a safety prosecution in WA history. This is also the highest fine ever issued in WA for a workplace safety breach.
The Director and the company pleaded guilty to gross negligence causing the death of one worker and serious injury to another.
The Director owned and operated a small shed building company. In March 2020, the two workers were installing roofing when strong winds caused a roof sheet to lift and both workers to fall approximately 9 metres. Neither worker held a high risk work licence or wore a safety harness.
Notably, these types of incidents were known in the industry (particularly in the Esperance region) and the Director was aware of the risks. Despite the Director's early guilty plea and acceptance of responsibility, the Court considered the failures were of the most serious type.
This decision is the first time an individual has been jailed in WA under the existing safety legislation and is significant as it:
clarifies the misconception that industrial manslaughter is a new concept for WA when the possibility of a jail sentence for a serious breach of safety legislation has always been the reality;
is a clear indication that the safety regulators in WA will be willing to use new industrial manslaughter provisions to their full extent when the new WHS laws commence (in respect of officers and persons conducting businesses and undertakings); and
demonstrates Courts will issue penalties for safety breaches that are in line with the new, significantly higher, penalty regimes.
Considerations for employers
While safety is often considered a purely operational matter, this decision and outcome demonstrates that responsibility for safety exists at every level of an enterprise.
Employers and officers should be taking note of this decision and the attitude of the regulator in bringing a prosecution of this type against an individual, particularly in light of the impending Work Health and Safety Act 2020 (WHS Act) which places express obligations on officers in respect of safety and strengthens the framework for individual officer prosecutions.
Under the WHS Act, industrial manslaughter can result in individuals being liable for a maximum fine of $5,000,000 and/or up to 20 years imprisonment and corporations for a maximum fine of $10,000,000.
Due diligence provisions for officers require that they be familiar with the operational risks of the business, the systems to manage those risks and that they take steps to verify that the systems are in place and effective. A failure to take these steps may see officers liable for safety breaches, including where there has been a significant incident.
We recommend employers and individual officers actively review the safety arrangements currently in place and begin taking steps to ensure that they are ready for the introduction of the WHS Act.
Beth Robinson
[email protected] Duncan Fletcher
Safety Failure = Code Breach = Government Ban
The Federal Minister for Industrial Relations has issued the first exclusion sanction under the Code for the Tendering and Performance of Building Work 2016 (the Code) for a failure to comply with safety obligations.
MCP (Aus) Pty Ltd (MCP) has been banned from tendering for, or being awarded, Commonwealth funded building work for a period of 1 month.
The 2016 Code requires every Code covered entity to comply with work health and safety laws to the extent that they apply to the entity in relation to building work.
A breach of that obligation is a breach of the Code.
Where a breach of the Code occurs, the Code covered entity must notify the ABCC of the breach, and the steps proposed to be taken to rectify the breach, no later than 2 working days after becoming aware of it. The entity then has a further 14 days to notify the ABCC of the steps taken to rectify the breach.
The ABC Commissioner must then decide whether to refer the breach to the Minister with recommendations as to whether a sanction should be imposed.
If a breach referred to the Minister results from a failure to comply with work health and safety laws, the Minister must impose an exclusion sanction on the Code covered entity unless the Minister is satisfied that it would not be appropriate in the circumstances because of the nature of, or factors contributing to, the failure to comply.
The maximum exclusion period that can be imposed under the Code is 12 months.
In the past, exclusion sanctions have been imposed on entities for breaches of industrial relations requirements of the 2016 Code (and its predecessors), such as the prohibition on displaying 'no ticket, no start' signs on worksites. However, until now, no exclusion sanction has been issued for a breach of work health and safety requirements.
Exclusion sanction imposed on MCP
The Minister has excluded MCP from tendering for, and being awarded, Commonwealth funded building work for 1 month.
MCP breached the Code as a result of it having contravened the Work Health and Safety Act 2011 (Qld) (WHS Act) in relation to an incident on the Toowoomba Second Range Crossing road project in which a 60 metre boom on a concrete pump toppled over. No one was injured in the incident.
As a result of that incident, MCP was charged with an offence against section 32 of the WHS Act for breaching its primary duty of care under section 19 of the WHS Act. It pleaded guilty and was fined $50,000 and ordered to pay $1,600 in costs. No conviction was recorded.
Consistent with an alert issued by the ABCC in 2018, in which the ABCC warned the building industry that it monitors court outcomes for proven contraventions of safety laws, the ABC Commissioner referred MCP's admitted contraventions of the WHS Act to the Minister.
In its press release, the ABCC noted that: "MCP made full admissions before the Court, and fully cooperated with the ABCC, took positive steps to remediate its conduct and satisfy the regulator that it had provided a measure of voluntary rectification."
Despite that, and the fact that no one was injured in the incident, the Minister did not view the imposition of an exclusion sanction as being inappropriate.
Clients involved in construction works should be aware of the potential commercial implications and reputational damage that may result from any breach of statutory and contractual safety obligations.
The exclusion sanction imposed on MCP highlights:
the potential commercial and reputational implications for Code covered entities who fall foul of work health and safety laws; and
that voluntary rectification of the issues which give rise to breaches of work health and safety laws, and active co-operation with the ABCC, may not be sufficient to prevent an exclusion sanction being imposed.
It also serves as a reminder to all Code covered entities that any guilty plea, or finding of guilt made by a court, in a safety prosecution will need to be reported to the ABCC within 2 working days.
If you are in any doubt as to your obligations under the Code, including whether an event needs to be notified to the ABCC, please ensure that you seek legal advice as a matter of urgency.
John Makris
Sexual Harassment as a Safety Issue?
Much has been written about the issue of sexual harassment over the last few months and while it may seem obvious that harassment presents a safety risk, that is not the way it has been traditionally treated.
Broader community movements are fuelling momentum for change in the legal and regulatory landscape surrounding workplace sexual harassment, especially within the realm of work health and safety (WHS).
Whilst Australia's safety laws have always required employers to identify and control physical and psychological health risks in the workplace, sexual harassment is now clearly recognised as a systemic risk with industry, environmental and individual risk factors present in all workplaces.
Safe Work Australia recently released its first comprehensive WHS guidance on preventing workplace sexual harassment. Whilst regulator guidance material does not have the same legal status as legislation, it does contribute to the overall state of knowledge regarding hazards, risks and controls and may be tendered as evidence in prosecutions against companies and individual officers and workers.
Under current WHS (and OHS) laws, employers have a positive duty to take reasonably practicable steps to eliminate or minimise risks to their workers' health, including risks associated with workplace sexual harassment.
However, the Australian Human Rights Commission's report on the National Inquiry into Sexual Harassment in Australian Workplaces (the Report) found that a lack of express WHS regulation, Codes of Practice or guidelines dealing with sexual harassment as a specific WHS issue has resulted in difficulties arising for victims and employers. The Report, adding to the growing demand for addressing this inconsistency (see the recommendation made by the Boland Review in 2019), recommended, amongst other things, that guidelines on addressing the risk of sexual harassment in the workplace be developed with a view of informing the development of a Code of Practice.
Safe Work Australia's Guideline
In January 2021 Safe Work Australia, acting on the Report's recommendation, published national guidance material on preventing workplace sexual harassment (Guidance Material). The Guidance Material advocates for a more proactive role of employers in identifying, assessing and eliminating or minimising the risk of workplace sexual harassment occurring. Whilst all workplaces should review the entire Guideline Material, some of the key parts of it are below.
Identifying sexual harassment
The Guidance Material defines sexual harassment as any unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature, in circumstances in which a reasonable person, having regard to all the circumstances, would anticipate the possibility that the person harassed would be offended, humiliated, or intimidated. This adopts the current legal definition from the Sex Discrimination Act.
It provides a list of factors of which employers should be aware that increase the potential for sexual harassment to occur in their workplace.
Those factors include:
low worker diversity;
power imbalances;
workplaces organised by a hierarchical structure;
use of alcohol in a work context;
workers being isolated or in restrictive spaces (like carers or in employer-provided accommodation); and
worker interactions with clients, customers, or member of the public.
The Guidance Material also provides a list of proactive measures that may help employers identify whether sexual harassment is occurring in the workplace.
Some of those include:
having managers regularly walk-through and assess the physical work environment, particularly in areas with limited observation or areas that prevent workers maintain their personal space;
carrying out confidential, anonymous worker surveys about workplace culture;
identifying worker demographics to identify power imbalances in working relationships; and
conducting training (including management training), to support the development and implementation of strategies for identifying and managing the risk of sexual harassment in the workplace.
Sexual harassment poses risks of both physical and psychological harm for workers. This means that control measures must be put in place to either eliminate or minimise the risk of it occurring, as far as it is reasonably practicable to do so. In the event of a complaint of sexual harassment to a safety regulator, employers should be prepared to be able to explain how they have, and are, proactively addressing the risk of sexual harassment in their workplace. Failing this, the employer will no doubt be the subject of statutory notice(s) (e.g. an improvement notice), and/or find itself the subject of a regulatory investigation and possible prosecution under either WHS or mainstream criminal laws.
The Guidance Material advocates a proactive approach to managing the risk of sexual harassment by:
examining existing control measures in health and safety management systems to prevent sexual harassment;
implementing workplace behaviour policies and practices that promote respectful workplace culture for all levels of workers;
applying appropriate consequences for sexual harassment misconduct;
encouraging workers to report sexual harassment and providing a safe, confidential and clear means to do so;
providing facilities and amenities that give privacy and security to disclosers; and
ensuring the layout of the workplace provides good visibility of work areas and avoids restrictive movement.
These measures are in large part the same as the measures that should be adopted to manage exposure to risk under discrimination law. This means that if these measures are effectively implemented and managed employers will also be taking reasonable steps to comply with obligations under other laws.
Safe work systems and procedures
Every workplace should have health and safety management systems in place to keep workers safe. The Guidance Material suggests that policies and procedures should form part of your safety management system and be part of an overall sexual harassment preventative strategy. In particular, the system should:
define sexual harassment and recognise that sexual harassment is unlawful;
make clear that sexual harassment will not be tolerated wherever and whenever it takes place;
provide regular supervision and communication with workers;
reinforce workplace policies and what behaviours are expected of workers at work-related events;
set out the procedures for what a worker should do if they experience or see sexual harassment and how they can report it;
act in a consistent manner when dealing with reports of sexual harassment;
outline the consequences for breaching the sexual harassment policy; and
clearly identify the processes the organisation will undertake when receiving a report and dealing with sexual harassment.
What should employers be doing now?
All workplaces should be taking proactive steps to assess whether their safety management system is adequate to identify and address sexual harassment risks in the workplace. It is highly likely that these measures are addressed in workplace policies already, however not referenced as part of the safety management plan or systems.
This means employers should take steps to:
Review and consider the Guidance Material;
Identify any risk factors in your workplace which may allow for physical and psychological (including sexual harassment) risks to remain unaddressed;
Review existing controls to ensure that any sexual harassment risks are adequately identified, assessed, and eliminated;
Review your workplace policies dealing with sexual harassment;
Provide training to workers and managers on how to identify and manage sexual harassment risks;
Consult with workers and third parties to communicate workplace policies and procedures; and
Take swift and effective action when reports of unwanted or offensive behaviour are made, including providing tools for self-management, anonymous reporting, bystander action and seek support both internal and external to the organisation.
We can assist with undertaking this review and providing training as required including training on grievance procedures and bystander intervention.
[email protected] Erica Elliott
[email protected] George Stent
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Beautiful, freshly renovated townhouse in the Seagrape Community. Enjoy this completley new, modern rental with updated features in the Kitchen, Bathrooms, and Living Room. Savor the views of the Gulf easily seen from your balconies, or take a few steps to see the sunet in person. You will not regret staying here. Minimum 7-28 night rental.
Pets are prohibited in this property.
Please contact me with information regarding SEAGRAPE COLONY 10.


The terms and conditions of the Letting Contract is agreed by both parties as follows. This agreement protects both guests, owners & booking agent, in the event of any problems or discrepancies. On payment of the guests deposit it is deemed the guest accepts the Booking Terms & Conditions.
In any of these events we shall make every effort to find alternative accommodation for you.
DEPOSIT – To secure your booking a deposit of 50% of the total booking fee is due at the time of making the booking. Should your deposit not be paid, the booking will be automatically cancelled.
We accept credit cards (Visa, Mastercard). Please note credit card payments incur a payment processing fee of 1% for visa, mastercard. American Express is not accepted.
Credit card details will be held in lieu of a bond. The guest agrees to a pre authorisation of their credit card to be held by Geelong Bay Escapes as a security deposit and they authorise any charges to be charged to this credit card, without notice or demand, in the event of any loss or expense arising from breach of their agreement to rent the property, their occupation of the property or damage to the property.
FINAL PAYMENT -The balance of total tariff is due 7 days prior to arrival, if payment has not already been paid in full.
31 days or more notice a $50.00 cancellation fee will apply.
Cancellations received less than 30 days prior to arrival will forfeit the deposit paid at that time of booking.
All cancellations received at 7 days or less prior to arrival will be charged the full amount of the booking , no refund shall be given.
ARRIVAL AND DEPARTURE – Check in from 2.00pm and check out is strictly 10.00am on the day of departure. A $30.00 per hour penalty fee will be charged for late check-outs unless prior arrangements have been organised. Late check outs are not available during peak periods or for back to back bookings. Early arrival may be permitted by prior arrangement.
NUMBER OF OCCUPANTS – The number of guests of the rent premises must not exceed the number agreed to with the agent at the time of booking. Termination of the booking may occur if this is breached.
Wedding, Parties, Events: Properties we manage are to be used purely for holiday accommodation only. A charge of $2,000 will be incurred should any type of function be held at the property.
KEYS – Keys, security tokens & remote controls are to be collected from your hostess on your arrival date unless prior arrangements have been made. All guests are responsible for the safekeeping of accommodation keys/remotes/ security swipes and call out fees are payable if a replacement key is required. If keys/remotes/ security swipes to accommodation property are lost or damaged by the guests you are responsible for the cost of full replacement set of keys and garage remotes.
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b) Indemnifies the owner against liability, which may attach to the owner as a result of injury or loss being personal or proprietary suffered by any person where any injury, damage or loss has been contributed to or caused by any act or occasion of the guest or his/her agent.
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We are delighted to be hosting a quiz night once again with Lancing Business Park and Friends! Mark Stack will be our quiz master for the night.
The money raised will go towards ourselves and Care for Veterans.
Tickets are £90 for a team of six, which includes sausage and mash (vegetarian options are available).
Prizes for 1st, 2nd, 3rd place and second to last place. Amazing raffle prizes also to be won!


Embark on a journey of adventure and creativity! Hytale combines the scope of a sandbox with the depth of a roleplaying game, immersing players in a procedurally generated world where teetering towers and deep dungeons promise rich rewards. Designed with creative players in mind, Hytale's engine supports everything from block-by-block castle construction to scripting and customization delivered using easy to use and powerful tools.


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Questions about example sentences with, and the definition and usage of "Springbay"
Other questions about "Springbay"
The line graph gives a breakdown of the total number of whales, a kind of animal which lives in the deep sea, sighted from the famous Springbay lighthouse. does this sound natural?
You want to say too much in one single sentence. By the time the reader gets to the lighthouse part, the memory fades that the graph is actually about the number of whales spotted from there. I would omit the "deep sea" part or separated it into another sentence. It is not impossible though in one sentence: Whales living in the deep sea can be/are/often/ sighted from the famous Springbay lighthouse, the following line graph demonstrates/represents/shows/provides/gives a breakdown of the total number of these mighty/beautiful/giant animals recorded.
The line graph gives a breakdown of the total numbers of individual whales, a kind of huge animal which live under the sea, that were observed from the organization Springbay lighthouse during five years bet... does this sound natural?
There is not a group of people I could imagine that you'd explain a line-graph to, whom you'd also have to explain basically what a "whale" is as well. I think this would sound more natural: "This line-graph gives a breakdown of the total number of individual whales, which were observed from the Springbay Lighthouse organisation over five years, between 2009 to 2013."
I gave you a detailed answer a few days back. Look it up!
Example sentences with, and the definition and usage of "animal"
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Words similar to Springbay
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Springbay

redpajama_set_name: RedPajamaCommonCrawl


They bonded over mutual recent break-ups when they first met back in May and quickly got engaged within three weeks.
But now that Ariana Grande and Pete Davidson have allegedly split, fans of his ex long-term girlfriend Cazzie David are begging her not to reconcile with him.
Comments began filling up on actress Cazzies latest Instagram post suggesting she won the break-up after Petes split was initially reported on Sunday.
you really won! said one admirer, while another gloated: That news tho with a laughing face emoji.
The comments appeared on a picture of Cazzie, comedian Larry Davids daughter, modelling some new jeans shorts and a Calvin Klein sports bra.
It was posted six days ago, but gained traction at the weekend, thanks to the news of Pete and Arianas alleged split, four months after their whirlwind engagement.
Cazzie and Pete ended their relationship in May 2018 after two years together, in which he repeatedly gushed about how lucky he was to date a smart, beautiful and wonderful lady like Cazzie.
It was the same month that Ariana ended her toxic relationship with rapper Mac Miller for the final time before his tragic passing last month.
Though Pete says he asked Ariana to marry him the day he met her, saying it was the perfect time to meet Ariana, despite it being very soon after his break-up with Cazzie.
Timing, I feel like, is everything, he told Howard Stern. We both were in a similar situation at the same time.
If there ever was a window for European leaders to name and shame Moscow for carrying out cyberattac..
Pop artist Dua Lipa has beaten Ed Sheeran for most nominations at this year's Brit Awards. The..


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Imperial sunset
The first commentator thought I was suggesting military action against Britain… I rewrote the last sentence (and made a few changes to correct typos and editing errors) to clarify what I think is inevitable.
Argentina received the support of its Latin American and Caribbean neighbors Monday in its claim to sovereignty over the Falklands (Las Malvinas) Islands. According to the AP, the 32 countries currently gathered on the Mexican coast for the Rio Group summit backed a statement presented by Mexico's Felipe Calderon saying "the heads of state represented here reaffirm their support for the legitimate rights of the republic of Argentina in the sovereignty dispute with Great Britain."
(Hemispheric Brief)
The agenda for what should have been a Rio Group meeting decided on three official agenda items: #1 is long-term reconstruction in Haiti; #2, affirming Argentina's sovereignty over the Malvinas; and #3, developing an alternative organization to replace the cold-war era (and U.S. dominated) Rio Group and get around the limitations of the (again, U.S. dominated) Organization of American States.
No one objects to reconstructing Haiti (except those that want to control the reconstruction) and returning the Malvinas (Falklands) to Argentina is probably not all that important to anyone except the five thousand people living on the islands, and the British taxpayers who spend over $20,000 per Kelper on military protection from their shift of governance to the Province of Tierra del Fuego.
What is important to the leaders of the new Latin American and Caribbean Union is making a statement, and a very clear one, about the seriousness of the alternative organization. With even the Mexican President (or, if you prefer, "resident of Los Pinos" for you die-hard Lopezobradistas out there) speaking of Bolivarianism, the Malvinas/Falklands dispute is simply a test for what is really important… and maybe as a needless distraction from the real story (or stories) for the English-speaking press.
Look who wasn't there. Canada, Honduras and the United States weren't invited. Canadian firms — and the Canadian government — have garnered a bad reputation in Latin America, especially among the left and among environmentalists for the way Canadian extractive industries have run roughshod over local communities. In addition, Canadian diplomacy in Latin America has been knee-jerk in support of U.S. initiatives, such as the attempted Venezuelan coup of April 2002.
Canada also has supported the coup in Honduras, which as the leaders meeting in Playa del Carmen made painfully obvious, shook the region more than perhaps its backers in the United States and elsewhere realized.
Calderón and Raul Castro (Photo: Milenio Televisíon)
The United States, besides backing the Honduran coup (and seen — even by reactionary supporters of the coup — as a puppet of the United States), the Venezuelan coup attempt, and most coups in Latin America going back to the 1829 coup against Mexican President Vicente Guerrero, and having more than enough of a history in Latin America and the Caribbean to annoy nearly any country you can name, was, of course, the dominant "partner" in previous pan-American organizations. The Organization of American States, for example,
… is funded largely by – you guessed it – the U.S. and Canada. Specifically, in 2009, of the US$78.6 million in regular fund quotas collected, 73.6% came from those two countries (US$47 million from the U.S. and US$10.9 million from Canada).
And he who pays the piper calls the tune. Both the Honduran coup, when what should have been an OAS crafted response was pushed aside in favor of a U.S. brokered "negotiation", and the Haitian earthquake, in which the U.S. relief effort appears more and more like a unilateral invasion and less-and-less like a pan-American reconstruction program.
No wonder Evo's smiling (Photo: Milenio Televisíon)
Finally, it's inescapable that the best economic growth in Latin America has been in those countries that have distanced themselves from the United States. Bolivia — yes, Bolivia — has seen the best growth rates south of the Rio Grande, Mexico — which depends on the United States for 90% of its foreign trade — and Peru have done the worst during the recent economic crisis. The Calderón Administration, here in Mexico, has had to slowly adopt the López Obrador program during its tenure whether they wanted to or not. López Obrador was pushing to expand pan-Latin markets, and, Bolivarian economics has its attractions, even for FeCal. As Sean Goforth writes in the Washington-based Foreign Policy Association Mexico Blog:
After a bruising 2009, Mexico's economy should return to positive growth of around 3% this year, but the path to sustainable development remains uncertain. Reforming state-owned industries risks massive political backlash, but improving Mexico's trade regime offers promise without the peril.
What trade strategies can boost Mexico's growth? Several prospects have been bandied about. Talk of "deepening" Mexico's commitment to the North American market was common before the recession, but diversification, not concentration, has proven more popular of late. To this end, President Calderon recently called for Mexico to "diversify its trade and investment (and) reduce its dependence on the United States." His comments were made with an eye toward Europe, but he made similar statements regarding Brazil last August.
Since the inception of the Banco del Sur — the self-financed inter-Latin American (Venezuela, Brazil, Argentina, Uruguay, and a few others) development bank has proven relatively successful, Mexico has given more serious consideration to inter-Latin finances. This is part of the same economic trend we're also seeing even among countries with traditionally bad relations. In Venezuela, where a particularly severe dry spell this year has meant a shortage of hydro-electric power, and the Venezuelans are turning even to the despised Colombians for electrical generating capacity.
So, everyone with the exception of Alan Garcia of Peru — from Alvaro Uribe of Colombia on the far right to Cuba's Raul Castro — sees the new organization as potentially to their mutual advantage.
Uribe is largely seen — like the uninvited Honduran leader, Pepe Lobo and the AWOL Peruvian, Alan Garcia — as a U.S. puppet. Given the Colombian administration's dependence on "Plan Colombia" funding, coupled with the increased U.S. military presence in Colombia, and Uribe's boorish behavior at the conference, unreasonable assumption.
Bolivia's Evo Morales called his Colombian counter-part "an agent of the United States, who came to the conference with the purpose of derailing it by creating an altercation with the Venezuelan President" (my translation).
Chavez (left, of course) and Uribe (on the right, as you'd expect)
Uribe arrived late, barged into a meeting and began interrupting the speaker with complaints about Venezuelan restrictions on the import of Colombian beef. Unfortunately for Uribe, the speaker was Venezuela's Hugo Chavez, not a man easily interrupted. Chavez allegedly told Uribe to "go to Hell", and finished his speech. Later, host Felipe Calderón said Dominican Republic President Leonel Fernandez was acting as head of a group that would work out an amicable solution to Colombian-Venezuelan trade differences… something impossible to do if the United States (which has a stake in continued animosity between Venezuela and Colombia) were involved.
Finally, even with Chile's return to a conservative government, pan-American relations are better and there is consensus that the various states need to coordinate their economic and political activities. Chile was traditionally close to Great Britain, and Augustin Pinochet was personally close to Margaret Thatcher the last time there was a serious attempt by Argentina to regain control of the Malvinas. At the time of the Falklands War, Chile and Argentina were close to war with each other over the boundary and navigational rights to the Magellan Straits. That dispute ended with the Vatican Treaty of 1984, and — with Pinochet and Thatcher both gone, and a new spirit of cooperation not only between Chile and Argentina, but between all the Latin and Caribbean nations, the sense is that IF there is oil in the Malvinas, not only Argentina, but the entire region will benefit. If not, it doesn't matter. I'm very much afraid the economic and political interests of 5000 aging English colonials and 500,000 sheep don't stand much of a chance weighed against a those of a union of 500,000,000 people.
from → Americas (outside U.S. and Mexico), AMLO, Argentina, Bolivia, Brazil, Canada, Chile, Colombia, Cuba, Dominican Republic, Economy & Business, Environment, Felipe Calderón, Great Britain, Gringo(landia), Haiti, Honduras, Hugo Chavez, Malvinas/Falklands, Mining, Oil and PEMEX, Organization of American States, Peru, Politica (Mexicana), Trade agreements and issues, Venezuela
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don quixote permalink
24 February 2010 9:21 am
" 5000 English colonials and 500,000 sheep don't stand much of a chance against a union of 500,000,000 people."
Are you kidding Richard? I had similiar discussions and arguements with friends from Latin America during the last Falklands go around with England. Numbers don't mean much when war and tradition and British national pride, in the form of "Brittania Rules The Waves" and "White Mans Burden"
are at stake.
The English would like nothing better than to go to war (and backed up militarily by the USA and Canada), with a bunch of essentially tin soldiers and potential victims that is the Argentinian military. It would be a great way for the English to forget about what a former colonial power, and now second tier player they are. The English love and wallow in thier lore of military superiority and the glory of the English military and historic battles and all that Rudyard Kipling, fuzzy wuzzy crap.
The Argentinians would be again playing right into the hands of the British by starting any kind of armed conflict, just like during the last futile Falkland Island go around. That last debacle was an embarrasment to Argentina, I clearly remember those pictures of battalions of Argentinian soldiers throwing down thier weapons and surrenduring to a couple of squads of English commando's after two or three shots were fired.
I don't blame them in the slightest though, who the hell wants to get thier ass shot off over some God forsaken rocks in the middle of the Ocean?
Well, come to think of it, the British don't mind, it would give them the opportunity to relive the past glory of Britttania, where the sun never set on the English flag and every mothers son would love to go to war , for God and Queen, even Tennysons "Light Brigade" would probably show up for this one.
If Argentina and Latin America wants to get Britain out of the Falklands there are much more effective means to that end than pounding your chest and threatening military action.
richmx2 permalink
I don't think it's military action that's being proposed… but making it too costly to maintain the colony… cruise and supply ships can't come directly from England, and supplying the colony from Canada just isn't practical. And, how are they going to ship out their squid and mutton if ships from the Falklands can't land in Latin American ports?
This isn't like the U.S. boycott of Cuba, which has a lot of its own resources, and is easily supplied by friendly neighbors. There just aren't any neighbors, and — losing support of Chile — the British have no practical way to supply the place.
24 February 2010 3:01 pm
Thanks for the clarification Richard, I misunderstood what I thought you were proposing.
I sincerely hope that one of these days the English will indeed leave Las Malvina's and that Argentina will regain the islands .
garydenness permalink
I'll bite. Again. Rich, I don't dispute the sentiments, merits or possibilities of the summit, or your post. But some of the conclusions you draw are highly questionable.
Firstly, the cost militarily to the UK of maintaining a presense in the Falklands is simply false. The hundreds of millions of dollars of Typhoon jets stationed there have to be kept somewhere. If they were built and bought specifically for the Falklands Islands you'd have a point. But British military spending has far more to do with status, pretensions and bolstering an arms industry than it has to do with the Falklands.
Secondly, your assumption that Britain will have no practical way to supply the islands if LatAm essentially blockades shipping to and from. You state that supply ships can't come directly from the UK. Actually, they do and have done so for decades, on a monthly basis (IIRC) with all the food, motors etc the islands need. Sometimes stopping off at Ascension. Neither the UK nor the F.I. needs Latam ports for survival. The company doing this is the Darwin Company, or Darwin something or other.
Also, the notion of a co-operative and united LatAm is a desirable outcome that this summit can only help toward. But my goodness, what a long way they have yet to go. I'm going to reserve my excitement for now.
Lastly, you refer to the population as English colonials. How many generations of them need to have been born on the islands before they can be referred to as Falkland Islanders?
This, for me, is the key point. The islands are otherwise barren rocks that are easily forgettable. If we can put aside the oil issue for a moment, anyway – that being a more recent development. From one of your links in your previous post, I read of an Argentine commentator referring to the 82 conflict as a fight between two bald men over a comb. Brilliant! And so true.
The islanders are key to the whole situation. Argentina's stance, as I said in the previous post, is not only unhelpful, but detrimental to the realisation of their claim. I have no problem personally with Argentina regaining the Falklands one day, but to do so they need to become the Islanders best friends, not a target for resentment.
Charles II permalink
Crossposted from Quotha:
Hypotheses 1-5
We're speculating about why Calderon has been supporting the new organization. I've come up with three or four hypotheses: Calderon is looking to his legacy, Calderon is trying to shore up his nationalist credentials in the face of growing unrest over Plan Mexico, Calderon and the US have agreed to try to coopt Latin American anger (this will be easier as Latin America moves right and as Venezuela is isolated as by the recent IACHR report), or Calderon is actually interested in seeing Mexico develop apart from the US.
Any preference for a hypothesis, Richard?
Imperial sunset « The Mex Files | Headlines Today


2 years old Golden Retriever, has a high drive and great hunt, ready to work once you click that leash on him.
2 years old Black Labrador Retriever, has a high drive, with a great hunt. She is very energetic.
2 1/2 years old Black German Shepard, He has high energy with a great scan search.


text:
Le mot menu peut avoir plusieurs sens :

Nom commun
 dans la restauration, un menu est un ensemble de plats qui forment un repas ;
en charcuterie, le menu est un type de boyau étroit (intestin grêle) servant à envelopper des saucisses ;
 en informatique, un menu est une liste d'options ;

Toponyme

Les Menus, nom d'une commune française qui se situe dans la région Basse-Normandie ;

Patronyme

Alain Menu (1963-),  pilote automobile suisse ;
Bernadette Menu, égyptologue française ;
Christophe Le Menu de Saint-Philbert (–1774), éditeur de musique ;
Georges François Léopold Menu, (1845-1886), ténor français ;
Jean-Christophe Menu (* 1964), auteur et éditeur de bande dessinée ;
Michel Menu (1916-2015), personnalité scoute, résistant, ingénieur et auteur français ;
Roger-Philippe Menu (1948-2013), nageur français.

Patronyme français
Patronyme suisse

redpajama_set_name: RedPajamaWikipedia


text:
International Law, Recent Events, USALI News, Gelatt Dialogue
Gelatt Dialogue 2017: Watch & Read
On November 6, 2017 the U.S.-Asia Law Institute held its 23rd Annual Timothy A. Gelatt Memorial Dialogue on the Rule of Law in East Asia. This year's theme - "China and International Law: Human Rights, Sovereignty, and Maritime Disputes" - focused on China's approach to international law during the Xi Jinping era as seen through the Communist Party's human rights record, Taiwan-Mainland cross-strait legal problems, China's maritime disputes in the East and South China Seas and the erosion of the Sino-British Joint Declaration on Hong Kong. This all-day event will feature speakers from China, Japan, Taiwan, and Hong Kong as well as the United States.
Tagged: Ren Ito, Peter Dutton, Isaac Kardon, Jerome A. Cohen, Yu-Jie Chen, Sharon Hom, Alvin Y. H. Cheung
Experts explore implications of Philippine arbitration award at 2016 Gelatt Memorial Dialogue
On November 10, Jerome Cohen, professor of law and co-director of the US-Asia Law Institute (USALI), convened a panel of international experts for the annual Timothy A. Gelatt Memorial Dialogue on the Rule of Law in East Asia. The topic was "Implications of the Philippine Arbitration Award," focusing on the outcome of a recent dispute between the Phillipines and China over sovereignty in the South China Sea.
The area has emerged as a major flashpoint in international relations, not only for countries in the region, but also for its potential to spark a showdown between the US and China. Cohen has written on the outcome of the Philippine arbitration and spoken on the situation in the South China sea more generally. Please click this link to access Professor Cohen's Wall Street Journal article "The Wisdom of the Hague's South China Sea decision" or click this link to listen to Professor Cohen's talk "Working Towards Peace in the South China Sea."
The first panel, "The Path to a Just and Lasting Peace in the South China Sea," was introduced by Paul Reichler, counsel for the Philippines at the law firm Foley Hoag. He spoke about details of the arbitration and its implications. The second panel focused on exclusive economic zones, which confer the right to marine resources around a landmass. The discussion was introduced by Professor Bernard Oxman, director of the Graduate Program in Maritime Law at the University of Miami.
The Gelatt Dialogue was established in 1994 by the US-Asia Law Institute in memory of the former NYU law professor and avid Asian law scholar.
Please click this link to view Professor Cohen's biography or click this link to visit the U.S.-Asia Law Institute's website.
Watch Video of the Panels
The Path to a Just and Lasting Peace in the South China Sea (2h, 26min)
When is an island entitled to an EEZ? (1h, 59min)
Tagged: Jerome A. Cohen, Ira Belkin, Isaac Kardon, Peter Dutton


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//class for connecting to a mysql DB and running queries.
class phpSQL
{
	//declare all the variables needed
	private $host=_HOST;
	private $port=_PORT;
	private $user=_USER;
	private $pass=_PW;
	private $db=_DB;
	private $conn;
	private $sql;
	private $config;

	//set the query to be run
	function query($sql_statement) {
		$this->sql=$sql_statement;
	}

	//set the connection settings
	function set_config($host, $port, $user, $pass, $db)
	{
		$this->host = $host;
		$this->port = $port;
		$this->user = $user;
		$this->pass = $pass;
		$this->db = $db;
	}

	//get the connection settings
	function get_config()
	{
		$this->config[0] = $this->host;
		$this->config[1] = $this->port;
		$this->config[2] = $this->user;
		$this->config[3] = $this->pass;
		$this->config[4] = $this->db;
		return $this->config;
	}

	//open the connection
	function open_conn($default,$dbvars)
	{
		//use default settings or not?
		if($default) {
		 //set config w/ default settings
		 $this->set_config($this->host,$this->port, $this->user, $this->pass, $this->db);
		 //put the configuration into an array that can be accessed later
		 $this->config = $this->get_config();
		 //open the connection
		 $this->conn = mysql_connect($this->config[0].':'.$this->config[1], $this->config[2], $this->config[3]) or die ('Error Connecting to mySQL Server ('.$this->config[0].':'.$this->config[1].', '.$this->config[2].', '.$this->config[3].')');
		 //set the default database
		 mysql_select_db($this->config[4]);
		} else {
		  //set connection to a new DB
		  $this->set_config($dbvars[0],$dbvars[1],$dbvars[2],$dbvars[3],$dbvars[4]);
		  //recursive omg!
		  $this->open_conn(true,  NULL);
		}

	}

	function close_conn()
	{
		//close the connection for this object instance
		mysql_close($this->conn);
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	function runquery()
	{
		//open the connection for the object
		$this->open_conn(true, NULL);
		//set the time limit php will wait before erroring
		set_time_limit(600);
		//return the results of the query
		//print_r($this->get_config());
		$results = mysql_query($this->sql) or die('Query Failed! '.$this->sql.' <br /> ('.mysql_error().')');
		//close the connection
		$this->close_conn();
		//return the results!
		return $results;
    }

	function get_query()
	{
		return $this->sql;
	}
}
?>

redpajama_set_name: RedPajamaGithub


text:
Q: PDO database with multiply users, what do I need to fill in as host I'm trying to make an C# application that puts information inside the MySQL database. This is for a school project.
I'm working with a group and they also need to acces the database, and I'm wondering if this is even possible how I'm doing it.
I hope someone can clear this up.
This is my PHP connection string:
$bdd= new PDO ("mysql:host=phpmyadmin.webserver.roc-teraa.nl;port=3306;dbname=wikiparks","$username", "$password");

This is my C# code:
 private void btnToevoegen_Click(object sender, EventArgs e)
        {
            try
            {
                NameValueCollection ParkInfo = new NameValueCollection();
                ParkInfo.Add("ParkNaam", txbPretpark.Text);
                ParkInfo.Add("ParkLocatie", txbLocatiePretpark.Text);
                ParkInfo.Add("ParkOpeningsDagen", txbOpeningsDagen.Text);
                ParkInfo.Add("ParkOpeningsTijden", txbOpeningsTijden.Text);
                ParkInfo.Add("ParkPrijzen", txbPrijzenPretpark.Text);
                ParkInfo.Add("ParkLeeftijden", txbLeeftijdPretpark.Text);
                ParkInfo.Add("ParkTags", txbTags.Text);
                ParkInfo.Add("ParkBeschrijving", rtbBeschrijving.Text);

                byte[] InsertPark = client.UploadValues("http://localhost:8080/WikiParks/index.php", "POST", ParkInfo);
                client.Headers.Add("Content-Type", "binary/octet-stream");
            }
            catch (Exception)
            {
                MessageBox.Show("Pretpak succesvol toegevoegd aan de Database");
            }

        }
    }

and I was wondering if I'm using the correct host and if this is a good connection string to use?

redpajama_set_name: RedPajamaStackExchange


text:
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beth.mayer@century.edu


To Theo van Gogh. Saint-Rémy-de-Provence, Tuesday, 25 June 1889.
Enclosed you'll find an order for colours to replace the one in my previous letter.1 We've had some fine hot days and I've got some more canvases on the go, so that there are 12 no. 30 canvases on the stocks.2 Two studies of cypresses of that difficult shade of bottle green.3 I've worked their foregrounds with thick impastos of white lead which gives firmness to the ground. I believe that Monticellis were very often prepared in this way. One then places other colours on top. But I don't know if the canvases are strong enough for this work.
Speaking of Gauguin, Bernard and the fact that they might well do more consolatory painting,4 I must, however, add what I've anyway often said to Gauguin himself, that one must then not forget that others have already done so. But whatever the case, outside Paris one quickly forgets Paris, by throwing oneself into the heart of the country one changes one's ideas. But I for one couldn't forget all those beautiful Barbizon canvases then, and it seems unlikely and anyway unnecessary to do better than that.
What's Andries Bonger doing, you don't mention him in your last two or three letters.
As for me, my health is still very good. And work is distracting me.
I have received, from one of our sisters probably, a book by Rod which is not bad but whose title, Le sens de la vie, is really a little pretentious for the contents, it would appear to me.
It appears that this book has made a great impression on our good sisters. Wil had moreover spoken to me of it, but the little women and books are two different things.
I have a wheatfield, very yellow and very bright, perhaps the brightest canvas I've done.8 The cypresses still preoccupy me, I'd like to do something with them like the canvases of the sunflowers9 because it astonishes me that no one has yet done them as I see them.
It's the dark patch10 in a sun-drenched landscape, but it's one of the most interesting dark notes, the most difficult to hit off exactly that I can imagine.
To do nature here, as everywhere, one must really be here for a long time.
Naturally it will please me if you send me the colours, soon if that's possible, but above all do what you can without it exhausting you too much.
So if you prefer to send me it in two batches, that's also all right.
That will keep me busy for the next few days. Finding something to do all day is the big thing here.
What a pity that one can't move the building here. It would be magnificent to hold an exhibition there, all the empty rooms, the big corridors.
If ever there were a question of giving something to Mr Salles for the trouble he has gone to – later one should give him Rembrandt's Pilgrims.
Is your health good? Handshake to you and your wife, I hope to send you new drawings next week.
Van Gogh goes into the matter of what he wrote about Gauguin and Bernard in letter 782, dated on or about 18 June. In the meantime there have been a few warm days and he has started new canvases. It cannot be said how many days have elapsed since the last letter. The weather reports offer no clues, for the temperatures were high throughout June. In letter 784 of 2 July, he resumes the order for paints included in this letter, which must therefore have been written earlier. In Brieven1914 Jo van Gogh-Bonger dated the letter to Tuesday, 25 June 1889; it is possible she relied on a postmark. Because there are no other leads, we have adopted her dating.
1. Vincent had included in letter 779 a new order for paints for the month of June. The replacement list sent with this letter is not known.
2. Among these twelve no. 30 canvases were the eleven paintings of which Vincent would send drawings to Theo a week later (see letter 784): Trees with ivy in the garden of the asylum (F 609 / JH 1693 ), Cypresses (F 613 / JH 1746 ), Cypresses (F 620 / JH 1748 ), Fields with poppies (F 581 / JH 1751 ), Wheatfield and cypresses (F 717 / JH 1756 ), Starry night (F 612 / JH 1731 ), Olive trees with the Alpilles in the background (F 712 / JH 1740 ), Wheatfield (F 719 / JH 1725 ), Wheatfield after a storm (F 611 / JH 1723 ), Reaper (F 617 / JH 1753 ), and the underlying depiction of Ravine (F 662 / JH 1804 ); see letter 779, n. 5.
If indeed there was a twelfth canvas, the possibilities include Olive grove (F 585 / JH 1758 ), Olive grove (F 715 / JH 1759 ) and Green wheatfield with rising sun (F 720 / JH 1728).
3. Cypresses (F 613 / JH 1746 ) and Cypresses (F 620 / JH 1748 ).
4. Van Gogh wrote this in letter 782.
5. The novel Le sens de la vie by Edouard Rod (1889) consists of four parts: 'Mariage', 'Paternité', 'Altruisme' and 'Religion'. It is a sequel to the novel La course à la mort, in which the protagonist is interested only in selfish pleasures. In Le sens de la vie he assumes social responsibility and becomes bound up in married life and fatherhood, albeit after a good deal of scepticism and inner struggle. The first and second editions, which were published in Paris in 1889 in the series 'Librairie Académique Didier' at Perrin et Cie, 'Libraires-Éditeurs', state the price on the cover: 3.50 francs.
6. In 1887 Sadi Carnot was elected President of France by an overwhelming majority. He was known for his respectful attitude towards the church and encouraged the Ralliement ('Rallying'; the acceptance of the Third Republic by the French monarchists). In May 1889 Carnot had spoken four times at the opening of the World Exhibition, where he called for peace and solidarity. See Patrick Harismendy, Sadi Carnot. L'ingénieur de la République. Paris 1995, esp. pp. 318-383. The connection between Carnot and Halévy's L'abbé Constantin probably has to do with Van Gogh's criticism of this peaceful novel, in which all conflict is avoided, as 'terribly sweet and heavenly' (see letter 626).
7. With regard to Voltaire's Candide, see letter 568, n. 3. Here Van Gogh quotes from Voltaire's Zadig, ou la destinée, 'L'Ermite' (The hermit) (chapter 18). See ed. Loïc Marcou. Paris 1996, p. 141. The protagonist, Zadig, has an experience similar to that of Candide: he, too, is forced to flee and subsequently experiences the outside world. While Candide comments on optimism, however, Zadig treats the connection between fate and chance. Voltaire's view is moderately optimistic: evil and the absurdity of chance only seem to prevail.
8. Reaper (F 617 / JH 1753 ).
9. The third consignment of paintings from Arles (letter 767) contained the following paintings of sunflowers: F 453 / JH 1559 , F 459 / JH 1560 , F 454 / JH 1562 , F 456 / JH 1561 , F 458 / JH 1667 , F 455 / JH 1668 and F 457 / JH 1666 .
10. As is often the case, Van Gogh's use of the word 'noir' (black) must be interpreted as 'dark' (in this case dark green).
11. Montenard was known for his depiction of the warm Mediterranean sunlight in his Provençal landscapes and seascapes.
12. Van Gogh is probably referring to Pissarro's statements about painting effects of colour and light, which he referred to in letters 620 and 707.
13. The letter sketch Cypresses (F - / JH 1750) was made after the painting of the same name F 613 / JH 1746 .
14. The two drawings after the paintings of cypresses (n. 2 above) are Cypresses (F 1525 / JH 1747 ) and Cypresses (F 1524 / JH 1749 ). The other two drawings Van Gogh refers to here cannot be identified; they were probably in the batch he sent to Theo a week later (see n. 2 above).
15. On The archangel Raphael (no longer attributed to Rembrandt), see letter 781, n. 4.
16. Rembrandt, Abraham's meal (Abraham receives the three angels), 1646 (present whereabouts unknown; Bredius 515). Ill. 353 . Four figures are depicted in this work.
17. Regarding Rembrandt's Pilgrims at Emmaus , see letter 34, n. 5.