Employment Discrimination Lawyers and Labor Law Lawyers

Goodwill warns fake donation bin scam is feeding 'billion-dollar for-profit industry'
"One year's work by one outfit brought in about $58 million," says Goodwill official.

What is the employment law for paying for an employees eye tests and glasses?

In the UK if you use VDU equipment you are entitled to claim back from your employer the cost of the eye test.

The employer only has to contribute towards glasses if they are needed only for VDU work and for nothing else.

Follow the link below which should take you to the HSE free leaflet re working with VDUs.

KIM OSORIO: Hip Hop Diaries author : Official Interview

[mage lang="" source="flickr"]nc employment law personnel file[/mage]

Assisted Living Litigation: Considerations in Pursuing Relief for Those Neglected and Abused

Assisted living facilities are rapidly becoming the nursing homes of the future. According to the National Center for Assisted Living, there are over 36,000 licensed assisted living facilities nationwide with an estimated 1 million residents.[1] However, because there is no common definition for assisted living facilities, this number may not adequately reflect the prevalence of these facilities. In fact, in 2002 the National Conference of State Legislatures hailed the assisted living market as one of the fastest growing long-term care options for senior citizens; the number of seniors in assisted living facilities receiving Medicaid benefits has grown nearly 50% over the past few years.[2]

These facilities tend to aggressively market and recruit residents, many times promising staffing levels or services that, in reality, are not available.[3] In an attempt to compete with nursing homes, assisted living facilities are accepting patients with higher acuity. Most major chains promote special Alzheimer’s Disease Units, and are accepting patients with significant cognitive impairment. The reality is that many of these facilities have staffing that is inferior to the staffing levels present in nursing homes and simply cannot meet the needs of the higher acuity residents. The end result is that residents throughout the county are suffering from serious injuries due to the neglect and abuse that is taking place in these facilities.

A. Assisted Living v. Nursing Home Care

Assist living abuse and neglect cases and nursing home abuse and neglect cases are similar in some respects, i.e., both involve supervision and care of the elderly, but evaluating the assisted living case involves a greater perception of the differences in the two types of facilities.

1. Standards of Care. The litigation of assisted living abuse and neglect cases, like the litigation of nursing home abuse and neglect cases, can be an effective tool in forcing the industry to comply with proper standards. However, since most states have weak regulations, it often becomes difficult to establish the legal standard of care for a particular facility. Many times a plaintiff may have to fall back on basic community practice nursing standards that will apply when an assisted living facility contracts to provide more than just room and board.

Nursing homes are highly regulated and must comply with the regulations set forth in the Omnibus Budget Reconciliation Act (“OBRA”) of 1987[4] (otherwise known as the federal Nursing Home Reform Act) which set minimum standards of care for long term care facilities that receive federal funding. Unlike nursing homes, assisted living facilities are not regulated by the federal government, and the state regulations that do exist are inconsistent and, for the most part, not aggressively enforced.

When considering the basis for liability, one must consider whether the assisted living facility breached regulatory or community practice standards in admitting the resident whose needs may have been too great to be met by the assisted living facility. Many assisted living facilities, especially those with “Specialized Alzheimer’s Units” are accepting residents with advanced dementia who would normally be admitted to a nursing home, and possibly even a skilled wing of the nursing home. In such cases, it would be advisable to obtain an expert who will evaluate the resident’s condition and the relevant admission criteria. Such an evaluation will likely be beyond the abilities of a lay person, although many admissions decisions in assisted living facilities are being made by non-medical personnel.

Almost all states prescribe some limitation on who can be admitted into an assisted living facility. For example, Virginia regulations prohibit adult care facilities from admitting or retaining patients with a variety of conditions, including ventilator dependency, dermal ulcers stages III and IV, those requiring intravenous therapy or injections directly into the vein, nasogastric tubes, and those who require continuous licensed nursing care. 22 VA. ADMIN. CODE § 40-71-150 (West 2003). Other states contain similar limitations with prohibitions aimed at excluding patients with a demonstrated need for skilled or specialized care.[5] Assisted living facilities do not provide skilled care; consequently, they are uniformly required to screen patients to determine the level of care needed and reject patients whose needs exceed their capacity. State regulation of assisted living facilities is lax and, for the most part, ineffective. Only a few facilities in the Commonwealth of Virginia have been denied a license for regulatory noncompliance. It is the opinion of this author that weak regulatory enforcement is in part due to inadequate regulations that do not adequately specify industry standards.

2. Experts. To litigate a nursing home abuse and neglect case it almost always requires the use of medical experts who will define the standard of care and address breaches in the standards. As assisted living facilities are generally not considered health care providers, one may question whether an expert is necessary. This will obviously depend on the facts of your case. But in almost every case, at the very least, you will require an expert to establish causation and damages. Since many times injuries in assisted living facilities result in the patient requiring long term care in a nursing home, you may also want to consider obtaining a life care plan from a qualified expert.

Once you have obtained records, you should have the case reviewed by a nursing expert you can rely upon. Unlike nursing homes where there DON and Administrators are RNs, many of the nurses who work in the assisted living arena are LPNs and lack the background that you may be looking for in an expert. Finding talented nurse experts who are actively involved in assisted living care is a challenging task. This author has used the ATLA list serve, and random calling of facilities to locate qualified experts.

B. Evaluating the Assisted Living Case

1. Facility Records. The first step in assessing liability against an assisted living facility will be to obtain the records from the facility and the contract that was signed. The contract will likely define the duties undertaken by the facility. Most assisted living facilities have various levels of service. Level one might be the basic service which would include only room, board, meals and activities. Level four, or the highest level of service, might include resident assessment, care or service planning, medication administration, and dementia and nursing care. The standards applied by these facilities could be analogized to standards of care applied by a nursing home that was not providing skilled care.

2. Freedom of Information Act. In addition to obtaining the records, you will need to do a Freedom of Information Act request. This will help you identify the corporate entity that actually owns and operates the facility and may also allow you to see surveys or inspections that were done on this facility. The license should always be available, and may include information about the scope of services that the defendant facility is authorized to provide. Do not expect the surveys or inspection reports to contain the wealth of information that are available for nursing homes. Many times surveys are performed by the local Department of Social Services and do not include assessments of whether or not these facilities are complying with regulatory standards of care.

3. Case Review. The following are some factors to consider early on in deciding whether or not to prosecute an assisted living facility for negligence or abuse:

a. The nature of the resident’s condition upon admission. If she was mentally competent and independent with acts of daily living, you will confront significant problems with contributory negligence and comparative fault defenses.

b. The nature of the contract and duties assumed by the facility. If they only agreed to provide room, board, and meals, the defense will argue their duties are analogous to that of a landlord in an apartment building.

c. The quality of the relationship between the personal representative and the victim. If the victim is deceased, this may take on a greater importance as the nature of that relationship may define your damages under the applicable wrongful death act.

d. Whether the family members make good fact witnesses, appear genuinely outraged by the facility’s conduct, and complained and/or removed their loved one from the facility.

e. Whether the facility had serious staffing shortages or a pattern of neglecting their residents.

f. Did the victim suffer a significant injury in the facility that adversely affected the quality of her life for the future, or caused her death?

g. Do you have strong witnesses and powerful exhibits? Do you have an insider who is willing to blow the whistle on rampant staffing shortages? Do you have color photos of that pressure?

h. Do you have significant economic specials that are not encumbered by a Medicare or Medicaid lien?

i. Is the defendant a charitable organization, religious affiliate, or part of a large assisted living chain?

C. Theories of Liability

With weaker regulation, variety in industry standards, and market competition, it is not surprising that the U.S. General Accounting Administration, in 1999, identified problems in assisted living facilities that included inadequate or insufficient resident care, insufficient trained staff, improper medication administration, and not following admission and discharge policies required by state regulation. A 2000 study by the U.S. Department of Health and Human services found that a high percentage of the staff at assisted living facilities were not knowledgeable about the normal aging process and at least 60% of the staff did not know how to properly manage difficult behavior among assisted living residents.

Liability: Improper Admission. Many times, liability based upon an improper admission results when someone is admitted into a facility that is not locked down or enclosed. Many residents with dementia have a tendency to wander and they should simply not be admitted into facilities that are not locked down or do not have appropriate wander guard systems and/or alarms on the doors.

In Selvin v. DMC Regency Residence, Ltd., 807 So. 2d 676 (Fla. Dist. Ct. App. 4th Dist. 2001) a resident of an assisted living facility wandered off and was found dead in a nearby canal. Plaintiff’s complaint alleged two different theories of liability: the first was a statutory wrongful death action and the second was based on alleged violations of statutes relating to assisted living facilities. Plaintiff alleged that the facility had a common law and statutory duty to supply at least the level of services and care that all licensed assisted living facilities generally furnish elderly patients of the plaintiff’s decedent’s classification and condition. At the time of trial, plaintiff sought to introduce expert testimony about specific safety precautions that were the industry standard and further sought to show that the facility should have built a fence to prevent elders from wandering near the dangerous area of the canal. The trial court precluded this testimony, finding that the facility had no legal duty to fence off the canal to the general public. The Appellate Court reversed, finding that the facility undertook to furnish certain services of care and security which created such a duty of protection. The Appellate Court also held it was an error to exclude testimony regarding industry standards of what could have been done to protect these impaired residents from falling into the canal.

1. Liability: Falls. Another common area of liability in assisted living facilities involves falls. Expert testimony may not be required in such cases. See, Walker v. Southeast Alabama Med. Ctr., 545 So. 2d 769 (Ala. 1989).[6] However, fall assessment and fall prevention planning is usually done by a nurse or other medical provider and it may be advisable to have an expert address this issue. In large part, the need for an expert will be determined by the facts of your particular fall. If the staff simply dropped the resident during a transfer, an expert may not be necessary. However, if the resident came in to the facility with multiple risk factors for falling[7] which were never assessed or care planned and he fell one day while wandering the hallway, you should retain an expert to discuss how the standard of care for fall prevention was breached. To establish causation, she will have to testify that if appropriate standards were followed, it would have, more likely than not, prevented the particular fall which caused injury to plaintiff. As this is an area of first impression in many jurisdictions, it is advisable to educate the court with a trial memorandum addressing experts and other issues prior to trial.

D. Other Theories of Liability

Attorneys who prosecute assisted living facilities have an opportunity to be far more creative in the prosecution of these claims, given the broad range of theories that are available. Below are some typical theories that can be advanced against an assisted living facility.

1. Common Law Negligence. This is probably the most common theory of liability advanced in assisted living cases. Make sure you do not plead breaches in medical or nursing standards of care, or you may face the argument that you have pled a traditional malpractice case. You can plead the breach of regulatory standards and/or industry standards which proximately caused injury to your client. As assisted living facilities are not health care providers, they should not be subject to caps or other discovery limitations (i.e., quality assurance privileges) that apply to traditional health care providers.

2. Violations of the Consumer Protection Act. Make sure to inquire of your client what representations were made as an inducement to enter the facility. Obtain the brochures that were handed out by the marketing representative. Most consumer protection statutes provide relief for misrepresentations which were made as an inducement to enter into the consumer transaction. Case law has allowed such theories to be advanced even against health care providers, so there should be no reason that this theory could not be advanced against an assisted living facility.[8] The advantage is that many states’ consumer statutes allow for the recovery of costs and attorney’s fees.

3. Adult Protection Act. Most states have statutes that have been specifically enacted to protect the rights of elder Americans.[9] Some states, like Tennessee, specifically exempt health care providers from the application of such statutes.[10] As assisted living facilities are not health care providers, these exemptions should not apply.

4. Breach of Contract. Almost all assisted living facilities will make their residents sign a contract as a condition of admission. Scrutinize the contract carefully, as it may contain waivers of liability or waivers of the resident’s right to a jury trial. Such waivers can be asserted irrespective of whether one pleads a separate breach of contract claim. Under the laws of most states, contract damages will be limited to foreseeable economic damages, so it would be disadvantageous to plead this as your only theory of liability. However, the contract may have required that certain services be delivered to the resident (i.e., activities, assistance with acts of daily living, 24 hour supervision) which were not, in fact, provided. The resident may have suffered no physical injury from the failure to deliver such services and the defense will argue that such evidence should be excluded at the time of trial. With the contract theory properly pled, plaintiff can argue that such evidence is admissible to prove contract damages and recover monies for services which were not provided.

Be wary that the defense may argue that since plaintiff failed to quantify the extent of services that were not provided, any award of contract damages would be based on speculation. As such, you should make an attempt to have your client provide a good faith estimate in percentage terms as to what services were not provided. However, if you have a strong negligence claim based on a discreet event (i.e., a fall causing a hip fracture) you may not want to confuse the jury with a lot of collateral facts and issues that may not have a strong bearing on your damages.

5. Negligent Hiring and/or Retention. Consider this claim where you have intentional torts committed by an employee and some evidence that the defendants knew or should have known that this was a troubled employee. Many assisted living facilities don’t adequately screen their employees. This evidence may not be revealed until the discovery process begins and it is essential that you obtain the employee’s personnel file early on in litigation so you can amend your complaint if necessary. Depending on the tolling provisions of your individual claim, the cause of action may still relate back because it arguably arises out of the same set of operative facts. It is also a good idea to sue the employee individually. The same defense firm may represent both the employee and corporation, making it impossible to argue that the employee was not operating within the scope of his employment.

6. Wrongful Death. In any case where there is evidence that the facility’s negligence caused or contributed to the resident’s death, a separate wrongful death claim should be asserted. If there is any good faith basis to conclude that the negligence contributed to plaintiff’s death, you should plead both survivorship and wrongful death claims. Any long term care case has greater value if you can argue that defendant’s neglect caused plaintiff’s death. You may also have separate claims for injury that in no way contributed to the resident’s death. Such claims should be pled with your survivorship claims. Research the law in your jurisdiction to determine what forms of damages are recoverable under a wrongful death statute. If you’re in one of those unfortunate jurisdictions that allow only economic damages, you may not want to plead a wrongful death claim.

7. Punitive Damages. As the nature of economic damages in an assisted living case may not be impressive, and as your client will likely have suffered from several preexisting conditions that may weaken your compensatory damage claim, you should, whenever possible, plead punitive damages. Successfully pleading a punitive damage claim will also provide you with the basis for exploring defendant’s conduct with respect to other residents who were neglected in substantially similar ways to that of your client. Cases from around the country have upheld such punitive damage claims against nursing homes, and there is no reason that such precedent would not apply equally to assisted living facilities. [11]

8. Americans with Disabilities Act/Fair Housing Act. The Fair Housing Amendments Act of 1988 (FAA)[12] prohibits discrimination in virtually all housing and related activities, whether such conduct takes place in the private or public sector. This law is complemented by the Americans with Disabilities Act,[13] which, while it specifically does not include entities covered by the FAA, applies to non-housing functions of a facility, such as common areas, meeting rooms, cafeterias, adult day care, or long term care under Title II (state and local) and Title III (public accommodations) programs.

E. Selected Case Results

A survey of reported cases reveals very few published cases throughout the country. This author has litigated fall cases, negligent admission resulting in pressure sores cases, and one case involving an unfortunate resident who caught fire in the recreation room. The manner in which he was ignited was never explained by the facility.

In one assisted living case taken to verdict in Virginia, plaintiff had fallen during the evening and was placed back in bed (with a hip fracture) by a nurse aid who denied the fall ever happened. Plaintiff was alive at the time the case went to verdict and required ongoing nursing care because of her injuries. The jury rendered a verdict of $1.5 million in compensatory damages.

A brief survey of published assisted living cases results and verdicts across the U.S., reveals the following:

1. Dick v. Bixby Knowles Towers; No. NC 021 371, verdict date 04/15/1998. Plaintiff was walking through the dining room when she felt hot coffee spill onto her neck, back and shoulder. She turned away from the coffee and stumbled and fell. One employee acknowledged holding two pots of coffee at the time of injury, but denied spilling coffee on the Plaintiff. Plaintiff suffered a fractured distal femur and first and second degree burns. Verdict was $378,990, with medical expenses totaling $128,000.

2. Wiggins v. St. John’s Terrace Homes, Inc. Docket No. 96-2705-CA; FJVR reference No. 98:7-55 (July 1998) Plaintiff, an assisted living resident, was seated at a dining table when a coffee pot burst open, pouring scalding coffee down Plaintiff’s leg. Verdict of $223,893.

3. Weiland, as Personal Representative of Louise Debenack, v. Alexandra & Co. of Boca Raton, Inc., d/b/a/ The Colonnade at Haverhill, Docket NO. CL 99-00066 AE; FJVR reference No. 01:6-54 Pub.(June 2001). Plaintiff found dead after she developed a UTI that became septic. Upon admission to hospital, plaintiff had a large hematoma which was not explained by the defendant. Settlement for plaintiff for $1 million.

4. Estate of John Doe v. Anonymous Assisted Living Facility. (Reported from the Michigan Trial Reporter, JAS Publication) Settlement of $1,350,000 for an elderly assisted living resident who died from burn injuries sustained while showering. Plaintiff’s theory of negligence alleged that defendant was negligent in not having proper temperature controlling devices for their residents.

5. Davis v. Premium Health Care, Inc. Docket No. 98-20263, Reference No. 01:8-12 (August 2001). Settlement of $300,000 for decedent who developed multiple pressures sores (including a stage IV) while in the facility.

6. Casaletto v. Helen Homes Corp., d/b/a The Palace Gardens, Docket NO.: 01-12468 BA 20; FJVR Ference No. 02:9-44 (Miami, September 2002) Defense verdict involving an 86 year old male who was admitted to an assisted living facility in May and suffered a fall in August of the same year. Plaintiff alleged improper admission and failure to properly supervise. Defendant contended that the decedent was a proper admission and that the level of supervision was appropriate in he ambulated independently. Both parties relied on experts in the area of assisted living administration.

7. Pollock v. CCC Investments I. LLC d/b/a Tiffany House by Marriot, Docket No. 01-16746, Ref. No. 05:3-9 (Florida 2005). Defense verdict involving a resident who was murdered by another resident. Defendant’s argued they had no notice of the other resident’s potential violent conduct. The jury found there was no negligence on the part of defendants that caused plaintiff’s death. They also found there was no violation of the assisted living facility’s resident’s rights under Florida statutory law. Defendant’s highest offer was $750,000 with lowest demand at $9,900,000.

II. Conclusion

As this is a new and evolving area of the law, attorneys who litigate these cases should strive to establish favorable precedents for those who follow. If the recent explosion in nursing home litigation is any indication, assisted living facilities could be the nursing homes of the future. As with nursing home litigation, the civil prosecution of these cases provides an important safeguard in protecting the rights of our elderly and assuring that proper standards are followed in the industry.

[1] Mollica, Robert L. State Assisted Living Policy: 2000. Portland: National Academy for State Health Policy, 2000, Executive Summary.

[2] Issue Brief, Health Policy Tracking Service, National Conference of State Legislatures, October 1, 2002.

[3] Based on a study done by AARP that randomly shopped some 80 assisted living facilities, a pattern of discrepancies was found between what representations were made in the marketing materials versus promises made in the admission’s contract. Two previous surveys that compared marketing materials and assisted living contracts, one by the American Bar Association’s Commission on Legal Problems of the Elderly Consumer Reports, and the other by the U.S. General Accounting Office, revealed similar problems. Adrienne Oleck & Bruce Vignery, Nurture or Neglect? Challenging Deceptive Practices in Assisted Living Facilities, CONSUMER ADVOC., Jan. 2001, 7(1).

[4] See, 42 C.F.R. 483.10 et seq.

[5] Montana law prohibits assisted living facilities from admitting patients who, inter alia, are non-ambulatory, in need of physical/chemical restraints, or unable to self-medicate. MONT. CODE ANN. § 50-5-226 (2002); Florida law prohibits admission of residents who are bedridden, those who have stage III or stage IV pressure sores and those residents who may require 24 hour nursing care. FLA. STAT. Ch. 400.407 (2005).

[6] In Walker, there was evidence that a patient had a history of falls and further that the patient’s doctor had instructed the nurse to leave the bed rails up at all times. A nurse lowered the bed rails and the patient fell. The court held that the plaintiffs were not required to present expert testimony because the breach of care alleged by the plaintiffs, leaving the bed rail down contrary to doctor’s orders, was so apparent as to be understood by a layman.

[7] Risk factors for falling could include dementia, confusion, unstable gait, prior stroke, arthritis, medications usage, history of falls, history of agitated behaviors, vision problems, and weakness or muscle atrophy.

[8] Dorn v. McTigue, 157 F. Supp. 2d 37 (D.D.C. 2001) (holding that District of Columbia Consumer Protection Act applied to the medical profession); Chalfin v. Beverly Enters., Inc., 741 F.Supp. 1162 (E.D. Pa. 1989), reconsideration den., 745 F.Supp. 1117 (E.D. Pa. 1990) (health care services provided by a nursing home were within the scope of “trade or commerce” provisions of Pennsylvania consumer protection laws); Winkler v. Interim Servs., Inc., 36 F. Supp. 2d 1026 (M.D. Tenn. 1999) (Disabled Medicare beneficiaries’ claims against home health care provider for violation of Tennessee Consumer Protection Act were not exempt on the grounds that the provider’s termination of services was regulated by the Medicare Act, given the alleged claims did not arise under the Medicare Act).

[9] According to the National Center of Elder Abuse, www.Elderabusecenter.org/laws, all fifty states and the District of Columbia have enacted legislation authorizing the provision of adult protection services in cases of elder abuse. The statutes vary widely on definitions of abuse, investigation responsibility, and remedies for such abuse.

[10] The Tennessee Adult Protection Act, TENN. CODE ANN. § 71-6-101 et. seq. (2002) does not apply to actions against “health care providers,” as defined in the TENN. CODE ANN. § 63-6-228 et. seq. Alternatively, Tennessee’s Medical Malpractice Act provides the statutory authority to suits against health care providers.

[11] See, Texas Health Enters. V. Geisler, 9 S.W.3d 163 (Tex. App. Fort Worth 1999) (repeated shortages of staffing and other acts of negligence supported punitive damage award against defendant); Estate of McIntyer by & Through Ex’r v. Transitional Health Servs., 1998 U.S. Dist. LEXIS 13965 (M.D.N.C. May 1998) (holding that defendant’s knowledge that it was operating in serious violation of several health codes and that it took very little, if any, action to remedy those violations might reasonably be found to constitute reckless indifference to the rights of their elderly residents with varying medical and non-medical needs); Beverly Enters. – Florida v. Spilman, 661 So. 2d 867 (Fla. Dist. Ct. App. 5th Dist. 1995) (testimony that expert was “outraged” at poor level of care of resident who developed and died from an infected decubitus ulcer supported punitive damage award against corporation and management company). See also, Christopher Vaeth, Allowance of Punitive Damages in Medical Malpractice Action, 35 A.L.R. 5th 145 (1996).

[12] Fair Housing Amendments Act, 42 U.S.C. § 3601 et. seq. (2000).

[13] Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq. (2000).

About the Author

Jeffrey J. Downey - an attorney who has written extensively on the long term care industry and trial practice. Mr. Downey practices in Washington D.C., Maryland and Virginia representing victims of elder neglect and other torts.


For more information on how to select a nursing home / assisted living facility, or if you need someone to talk to about your legal rights, call the Law Office of Jeffrey J. Downey at (202) 789-1110 or visit us on the web at www.jeffdowney.com

Sewage Sludge Disposal – Land Application -environmental Problems – an Overview

SEWAGE SLUDGE DISPOSAL – LAND APPLICATION -ENVIRONMENTAL PROBLEMS – AN OVERVIEW

Md. Wasim Aktar

Pesticide Residue Laboratory, Department of Agricultural Chemicals,

Bidhan Chandra Krishi Viswavidyalaya, Mohanpur-741252, Nadia, West Bengal, India

1. Introduction

Most wastewater treatment processes produce a sludge which has to be disposed of. Conventional secondary sewage treatment plants typically generate a primary sludge in the primary sedimentation stage of treatment and a secondary, biological, sludge in final sedimentation after the biological process. The characteristics of the secondary sludge vary with the type of biological process and, often, it is mixed with primary sludge before treatment and disposal. Approximately one half of the costs of operating secondary sewage treatment plants in Europe can be associated with sludge treatment and disposal. Land application of raw or treated sewage sludge can reduce significantly the sludge disposal cost component of sewage treatment as well as providing a large part of the nitrogen and phosphorus requirements of many crops. Very rarely do urban sewerage systems transport only domestic sewage to treatment plants; industrial effluents and storm-water runoff from roads and other paved areas are frequently discharged into sewers. Thus sewage sludge will contain, in addition to organic waste material, traces of many pollutants used in our modern society. Some of these substances can be phytotoxic and some toxic to humans and/or animals so it is necessary to control the concentrations in the soil of potentially toxic elements (PTE) and their rate of application to the soil. The risk to health of chemicals in sewage sludge applied to land has been reviewed by Dean and Suess1

Sewage sludge also contains pathogenic bacteria, viruses and protozoa along with other parasitic helminths which can give rise to potential hazards to the health of humans, animals and plants. A WHO (1981) Report on the risk to health of microbes in sewage sludge applied to land identified salmonellae and Taenia as giving rise to greatest concern. The numbers of pathogenic and parasitic organisms in sludge can be significantly reduced before application to the land by appropriate sludge treatment and the potential health risk is further reduced by the effects of climate, soil-microorganisms and time after the sludge is applied to the soil. Nevertheless, in the case of certain crops, limitations on planting, grazing and harvesting are necessary.

Apart from those components of concern, sewage sludge also contains useful concentrations of nitrogen, phosphorus and organic matter. The availability of the phosphorus content in the year of application is about 50% and is independent of any prior sludge treatment. Nitrogen availability is more dependent on sludge treatment, untreated liquid sludge and dewatered treated sludge releasing nitrogen slowly with the benefits to crops being realised over a relatively long period. Liquid anaerobically-digested sludge has high ammonia-nitrogen content which is readily available to plants and can be of particular benefit to grassland. The organic matter in sludge can improve the water retaining capacity and structure of some soils, especially when applied in the form of dewatered sludge cake.

2. What is sludge?

Residuals, biosolids, septage, sewage, wastewater byproduct, compost: there are many names for sludge and sludge products. The term “sludge” is used as most people understand it: the sometimes solid, sometimes liquid material generated by wastewater treatment plants and used as fertilizer on fields, in gravel pits, and on forestry lots throughout the state. Sludge may classified as “Class A” if it has been treated to reduce germs to background levels (levels normally found in soils) and “Class B” if it has been treated so that germs are reduced by an estimated 90%.

3. Composition of sewage sludge:

The nature of the sewage sludge depends on the waste water treatment process and on the source of the sewage. In general it contains both toxic and non-toxic organic wastes. Of the two, non-toxic compounds are most prevalent comprising all materials of plant and animal origin, including proteins, amino acids, sugar and fats. Toxic organic compound comprises Poly-nuclear aromatic hydrocarbons (PAHs), alkyl phenols, polychlorinated biphenyls (PCBs) organo-chlorine pesticides, monocyclic aromatics, chloro-benzenes, aromatic and alkyl amines, polychlorinated dioxins, phenols etc. In addition to these organic waste material sewage sludge also contains traces of many pollutants like Copper, Zinc, Nickel, Cadmium, Lead, Arsenic, Chromium, Selenium etc. Some of these substances can be phytotoxic and some toxic to humans and / or animals, so it is necessary to control the concentrations in the soil of potentially toxic elements and their rate of application to the soil. Sewage sludge also contains pathogenic bacteria, viruses & protozoa along with other parasitic helminthes which can give rise to potential hazards to the health of humans, animals and plants. Apart from those components of concern sewage sludge also contains useful concentrations of N, P and organic matter. Each component of the sludge has its own environmental impact, which must be taken into account when choosing the disposal route.

4. Processing of sludge:

Increasing urbanization and Industrialisation have resulted in a dramatic increase in the volume of waste water produced around the world. The waste water treatment step concentrates the various pollutants (upto 90%) in the waste water into sludge, normally containing between 1% and 2% by weight dry solids. The waste water treatment commonly involves the following processes to process the sludge for the production of suitable end products for utilization or disposal:

Sludge processing methods

Process Description

Sludge pasteurization Minimum of 30 minutes at 70ºC or minimum of 4 hours at 55ºC (or appropriate intermediate conditions), followed in all cases by primary mesophilic anaerobic digestion.

Mesophilic anaerobic digestion Mean retention period of at least 12 days primary digestion in temperature range 35ºC ± 3ºC or of atleast 20 days primary digestion in temperature range 25ºC ± 3ºC followed in each case by a secondary stage which provides a mean retention period of at least 14 days.

Thermophilic aerobic digestion Mean retention period of at least 7 days digestion. All sludge to be subjected to a minimum of 55ºC for a period of at least 4 hours.

Composting The compost must be maintained at 40ºC for at least 5 days and for 4 hours during this period at a minimum of 55ºC within the body of the pile followed by a period of maturation adequate to ensure that the compost reaction process is substantially complete.

Lime stabilization of liquid sludge Addition of lime to raise pH to greater than 12.0 and sufficient to ensure that the pH is not less than 12 for a minimum period of 2 hours. The sludges can then be used directly.

Liquid storage Storage of untreated liquid sludge for a minimum period of 3 months.

Dewatering and storage Conditioning of untreated sludge with lime or other coagulants followed by dewatering and storage of the cake for a minimum period of 3 months. If sludge has been subject to primary mesophilic anaerobic digestion storage to be for a minimum period of 14 days.

5. Agricultural application

The application of sewage sludge as a “ safe fertilizer “ started in earnest after the 1988 ban on dumping sewage sludge into the ocean. When the Ocean Dumping Ban Act of 1988 went into effect, the municipalities & the Govts. left with a new problem – how to get rid of the tons of sludge they generate on a daily basis. The federal Environmental Protection Agency (EPA) stepped in with a plan to “solve” this problem by promoting sludge (sometimes called ‘biosolids’, a public relations term that is used interchangeably by EPA with the technical term “sewage sludge”) as fertilizer to be spread on land – where people live, work and play. Though, the viscous, black cake adds free Organic Matter & Fertilizer to poor soils, making them productive and profitable, the main limitations arising from such factors are: pathogens, heavy metals, toxic organics. Therefore, the plan of EPA has allowed toxic chemicals into air, water, soil, crops & into us. So, to call this sludge “ fertilizer” is tantamount to call a soup “food” which, though it contains some meat & vegetables, also contains a bit of lead, a little arsenic, and perhaps hundreds or even thousands of other toxic organic and inorganic materials whose impact ranges from carcinogenic to teratogenic (birth defect inducing ). “Most people want a simple answer; is it good or is it bad. The answer is not that simple. It is not completely risk free, but it has benefits. Just like driving a car”, Sanden said.

The benefits of sewage sludge on agricultural land

• Valuable agricultural nutrients like Nitrogen, Phosphorus, Potassium and Sulphur can be returned to the land

• Soil organic matter levels have been increased to 12% – 15%

• Ground water and surface water quality are maintained

• Decrease bulk density and increase the non-capillary pore space

• Improve the aggregation of soil particles

• No significant health or nuisance problems occur

6. Problem of Sludge

Sludge contains measurable quantities of pollutants, such as heavy metals, dioxin, and other toxic chemicals. Sludge also contains pathogens--human germs, bacteria, viruses, and parasites. And sludge smells: sludge odor is more than just a nuisance; it is a public health threat, which has been linked to respiratory problems and death. The land application of sludge distributes pollutants from large towns and cities to rural areas, far from where they were originally produced. State and federal agencies of various countries regulate sludge spreading, but regulation of this waste is difficult and problematic. Many scientists agree that the current land application rules do not protect human health, agricultural productivity, or the environment. The lack of funding to provide proper regulatory oversight and the very nature of sewage allow for sludge spreading of an unknown quality to occur on our lands.

The problems with sludge include:

? Sludge contains heavy metals, toxic chemicals, and pathogens.

? The testing and regulation of sludge is inadequate and problematic.

? Sludge odors pose a public health threat and lower quality of life.

7. The trouble with sludge

7.1. How toxic sludge become fertilizer

In traditional agricultural societies, human waste was often used to enrich the soil. The Industrial Revolution caused increased urbanization and the need for cities to develop primitive sewer systems to remove human waste. Pipes and gutters were built to dump sewage directly into our lakes, rivers, and oceans. As industry increased in World, factories began using these primitive sewer systems to get rid of their waste. This practice continued well into 20th century, when industry began widely using toxic chemicals. Using the local sewer system as a dumping ground for toxic waste was an easy solution to their disposal problems and was cheaper than treating their waste on site. Sewage loaded with toxic chemicals created major public health and environmental disasters throughout the World: rivers caught fire, public drinking water supplies became polluted, and waste washed up on our beaches. Public outcry from the growing number of disasters led to the passage of the federal Clean Water Act in 1972. This act set water quality standards nationally and provided money to communities to improve sewer systems and create wastewater treatment facilities. Unfortunately, instead of addressing the root of the problem by stopping industrial use and disposal of toxic chemicals, the act instead regulated the amount of pollution large industries could release into sewer systems.

By the late 1970s, extensive sewage systems had been built across the country. Wastewater treatment plants were built to separate solid waste from water, and, following natural and chemical treatment, release water back into the environment, clean of human waste. Unfortunately, they were not built to treat toxic chemical waste. While these sewage systems and wastewater treatment plants improved public health standards and water quality, they have an ironic flaw. The treatment process creates cleaner water but also creates a toxic byproduct: sludge. In fact, the Clean Water Act rightly defines sludge as a pollutant. Like all waste, sludge must be disposed of in some way. What to do with sludge has been a source of controversy for the past three decades in the World. Through the 1970s and 80s, the federal Environmental Protection Agency (EPA) strictly regulated the land spreading of sludge, effectively prohibiting much of the waste from being used on agricultural land. Wastewater treatment facilities could only dispose of sludge in one of three ways: by sending it to a landfill, by incinerating it, or by dumping it 100 miles offshore into the ocean.2

Ocean dumping eventually created large under-sea dead areas. In response to public concern, Congress passed the Ocean Dumping Act, which banned ocean dumping of sludge in 1992.3 Sludge disposals was then largely limited to landfills and incineration that became expensive for wastewater treatment plants. Municipal treatment facilities then pressured the EPA to relax its standards for the land spreading of sludge on agricultural fields. Following a number of draft rewrites of EPA regulations, corporate sludge marketing companies and municipal wastewater treatment facilities were successful in relaxing the limits of toxins in sludge for land spreading. What was once considered hazardous waste became a fertilizer? By classifying sludge as a fertilizer, it became exempted from several waste management regulations.

7.2. Marketing of toxic sludge

Municipal water treatment facilities depend upon corporate sludge brokers to dispose of their sludge. To dispose of it, these private corporations convince farmers and landowner across the country to spread sludge on their fields as a nutrient supplement for their crops. Sludge is marketed to landowners and consumers in two different ways. The first, and most obvious, is by offering them free sludge. By convincing individual property owners that sludge is of “agronomic benefit” to their land, sludge brokers are finding extremely cheap disposal sites for sludge that would otherwise have to be shipped to landfills or incinerators at a cost of approximately $70 a ton.4

Companies then claim that everyone wins: treatment plants have a cheap disposal option for their sludge, which gives taxpayers a break, and landowners get free nutrients for their fields. As an accurate result, the sludge brokers walk away with the disposal fees from the treatment facility. The sludge brokers also escape from potential liability, which is now assumed by the farmer or property owner. The second way sludge is marketed is by composting or palletizing it. Then it can be sold or given away as compost or fertilizer. Since the weakening of sludge regulations in the late 1980s, citizens cross the World have been fighting to keep sludge from being spread on fields and farmland in their communities. Activists fighting sludge are up against formidable opponents. Water treatment facilities and sludge brokers have formed powerful trade groups, such as the New England Biosolids & Residuals Association (NEBRA). NEBRA, in turn, is part of an even larger and more powerful group: the National Biosolids Partnership, which is a coalition of groups such as the EPA and Water Environment Federation, whose primary responsibility is to change “public perception” about sludge spreading.

7.3. Toxic secrets of sludge

Land applied sludge is required laws to have toxic levels below certain limits and it is treated with lime to reduce pathogen levels. However, no sludge in World is completely free of toxic chemicals or pathogens. In fact, after it is treated, Class B sludge still contains a significant amount of pathogens5.

7.4. Toxic in sludge

A. Heavy Metals

All sludge in world contains heavy metals like arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc.6 These metals are persistent—that is, they do not break down in the environment and therefore build up over time. As the Cornell Cooperative Extension states, “most heavy metals remain in the soil for long periods of time, ranging from several decades to many centuries.” The heavy metals in land spread sludge therefore become permanent additions to the total quantity in the soil. Even extremely small amounts of heavy metals in sludge, therefore, are dangerous.7 High levels of arsenic in food or water can be fatal. Cadmium, chromium, nickel, and selenium have been linked to cancer. Cadmium has also been linked to kidney problems, miscarriages, and stillbirths. Copper, nickel, and zinc are known to cause growth problems in crops. Children exposed to lead can develop behavioral and learning problems. Mercury exposure at key moments in fetal development can cause learning disabilities and neurological disorders. Molybdenum bioaccumulates in grass eating livestock; ingested in excess, it can cause anemia, diarrhea, and growth problems.8 These metals can be taken up by the plants that are grown on sludge and re-enter the human food chain via livestock feed. These metals can also leach into groundwater. Highly acidic soils, like those found in Maine, can exacerbate heavy metal leaching.9

B. Pathogens: Bacteria, Viruses, and Parasites

Sludge, by its very nature, contains human pathogens: germs such as bacteria, viruses, and parasites. Whereas exposure to heavy metals can cause problems over time, exposure to these germs is more acute and can cause health problems almost immediately. Because of the extremely large numbers of pathogens that exist in the world, it is impossible to test sludge for all types of pathogens. Some common pathogens in sludge include the bacteria E-coli and Salmonella, the virus Hepatitis A, and parasitic worms. Pathogens can cause intestinal problems, other serious illnesses, and death. Land spread sludge can be treated to nearly eliminate pathogens. By composting sludge, for example, pathogen levels can be reduced significantly. Unfortunately, federal and state laws allow “Class B” sludge, which has not been treated to the strictest pathogen reduction methods, to be spread. In other words, sludge with live pathogens is being spread throughout the state. Unfortunately for the residents and workers of Northern New England, wet and overcast climates encourage pathogen growth. Researchers have found that pathogens can survive in sludge for weeks, months, or even years after reduction treatment processes.

Humans can be exposed to sludge pathogens in a number of ways. We might consume vegetables that have pathogens on them. Children might accidentally gain access to a sludge field and become exposed to the germs. Pathogens can also be spread by pets or wildlife, such as deer, that walk through a sludge field.

C. Dioxin: “The Darth Vader of Chemicals”

Dioxin is the unwanted byproduct of chemical processes involving chlorine. According to the EPA, sludge spreading is the largest land distributor of dioxin nationally.10 Dioxin is a known carcinogen and has been linked to reproductive problems, genetic damage, and endometriosis. Scientific evidence suggests there is no safe exposure level to dioxin.11 As one well-known dioxin expert called it, dioxin is “the Darth Vader of chemicals,” because you can't see or taste it, but it is deadly. The source of dioxin contamination in sludge is not known. It might be discharged into the sewer system by unknown industrial or residential sources. Dairy cattle grazing on sludged land may ingest dioxin and the chemical will then enter humans via milk and meat.

7.5. What We Don’t Know Can Hurt Us

The federal Environmental Protection Agency estimates that there are 70,000 synthetic (not naturally occurring) chemicals. Yet, only 2% of these chemicals have been fully tested. In fact, even the most basic toxicity testing results cannot be found in the public record for nearly 75% of the most widely used of these chemicals. The ways in which these chemicals affect human health and the ways in which they interact with one another in the environment (their “synergistic effects”) are not always known. Despite this, industry only needs to report the discharge of 1% of these chemicals into the waterways and sewers. Although industries and households release thousands of chemicals, World sludge is only regularly tested for few heavy metals and occasionally tested for dioxin and toxic pesticides.

8. Source of toxic chemicals

Sludge contains heavy metals and other pollutants because industry and households use and release far too many toxic chemicals. The sources of contaminates in sludge are many, depending upon the specific water treatment facility and the community that it serves. Sources of contamination include industrial releases, small business discharges, hospital releases, household waste, leachates from landfills and Superfund sites, including nuclear waste dumps, and municipal water and sewer systems as a whole.12Everything that is discharged into a sewer that leads to a water treatment plant could potentially become part of the sludge that the facility produces. If a worker at an industrial facility accidentally dumps toxic chemicals down the drain instead of disposing of it properly, those chemicals could end up in the sludge. Likewise, if a home gardener rinses out a bottle containing toxic pesticides in the sink, those toxic pesticides could find their way to the sludge.

8.1. Industrial Hazards

As discussed earlier, many chemicals used by industry have not been properly tested and are not regulated or reported. Additionally, even at the safest facilities, accidents happen and toxic chemicals can be released into the waste stream. World requires wastewater treatment plants to work with large industries on reducing and monitoring their waste discharge. This “pretreatment process” is required of companies that discharge a large amount of waste into the sewer system or use a large amount of chemicals that could affect the operation of the sewer system. Unfortunately, once companies release heavy metals, or other toxins, into the sewer system, there is no process to remove these chemicals from the sludge. In addition, every industry in the country can discharge 33 pounds of hazardous waste every month into wastewater treatment plants, without penalty or reporting.13

8.2. Small Business Hazards

Many small businesses are not regulated for their toxic releases. Nor are they included in the pretreatment processes. While auto garages, dentist offices, photo developers, dry cleaners, and other small businesses may not individually release a large amount of toxic chemicals, taken as a whole their contribution to chemicals in sludge could be dangerous.

8.3. Hospital Hazards

All hospitals are required to dispose of toxic chemicals and biohazards in a state approved manner. Nevertheless, accidents do happen: from a broken mercury hermometer to additional human pathogens being washed down the drain, hospitals can contaminate sludge.

8.4. Contamination from Municipal Water and Sewer Systems

Many towns and cities have water and sewer systems made with lead and copper pipes. Lead, copper, and other metals often leach into the waste stream and contaminate sludge. Contamination of sludge can also occur if a town’s reservoir is polluted with pesticides and other chemicals for which testing are not required.

8.5. Household Hazards

From pesticides (including flea shampoos), to heavy duty cleaning agents and hair coloring products, toxic chemical containing products abound. Any of these chemicals dumped down the drain could end up being spread on a farm field or in a forest.

9. Sludge regulation

It is nearly impossible to know the exact levels of toxic materials in each batch of sludge because what is released into the waste stream varies day to day. While sewage waste is treated at wastewater facilities for several days, not every batch of sludge is tested before it leaves the plant. It is more due to economics than to concerns for health protection, that sludge generators do not test the waste more frequently. For example, waste is often only tested for dioxin twice a year because of the cost of the test. A worker may accidentally spill pesticides into a sink or storm drain, or someone might illegally dump other toxic chemicals down the drain, and no matter how strict regulations are in the law books, testing could miss these sudden increases in contaminants. Regulations and testing cannot guarantee sludge safety until toxic chemicals are removed from industrial household use.

10. Sludge consequences

“Temporary odors are a necessary inconvenience in the practice of agriculture.”14 Sludge smells similar to manure and that the smell will dissipate “within several days.” Despite industry propaganda, studies have shown that sludge odors are more than just a nuisance; they are a public health threat. Harmful gases, called organic amines, can develop from chemical reactions that occur in sludge. These gases are released when the pH of sludge is raised above 10, such as when lime is added. Studies suggest that sludge odor can cause health problems in humans as far as 1600 feet from a site.15A study performed by a former EPA sludge regulator linked sludge odors to “severe irritation to mucous membranes followed by respiratory infections” in residents living near a sludge site. Irritation of the eyes, throat and skin make infection from pathogens in sludge more likely. The study was conducted following the death of a New Hampshire man suffering from respiratory distress in the vicinity of a sludge site.16 Residents near sludge sites have not been the only victims of sludge odor. Symptoms associated with organic amine poisoning frequently occur among waste treatment plant workers and drivers who haul sludge.

10.1. Deaths associated with sludges

At least two deaths have been associated with sludge spreading. In October 1994, an eleven-year-old boy, named Tony Behun, went dirt bike riding near his home in Osceola Mills, Pennsylvania. Unknowingly, the boy rode through a field covered in Class B sludge. He came home covered in dirt and grime. Two days later, he developed a sore throat, headache, and a boil on his left arm. Brenda Robertson, his mother, took him to the doctor, who prescribed flu antibiotics. The next day, Tony had trouble breathing. He died after being flown by helicopter to a hospital in Pittsburgh. The final diagnosis was that Tony had died from a bacterial infection. How her son contracted the infection remained a mystery to Brenda Robertson until five years later when she read about an investigation into her son's death by the Pennsylvania Department of Environmental Protection. Without consulting Brenda, the state published a report concluding that Tony died of a bee sting and that Class B Sludge was not spread on property that he went riding on.

Another sludge related death occurred in Greenland, New Hampshire. In late October of 1995, the Marshall family had their otherwise quiet lives tragically disrupted. Sludge was being dumped on a field in their rural neighborhood. This was just the beginning of the residents’ problems. On Halloween, Joanne Marshall rushed home from work to take her little girl trick-or-treating. When she arrived home and jumped out of her car, she was “greeted by such a stench, it took her breath away. ”17 The Marshalls and their neighbors began suffering from nausea, vomiting, stomach cramps, migraine headaches, flu-like symptoms, slowed reflexes and respiratory problems.

10.2. Environmental Assessment and some remedy:

Recycling sewage sludge to agricultural land to gain benefit from the essential plant nutrients and organic matter it contains, would seem a reasonable and rational method of managing a material which would otherwise need disposing of by some other non-beneficial route. But sludge also contains inorganic, organic and biological contaminants and so careful, management is required to avoid the potential environmental problems. The problems are listed in following Table. Large application of sewage sludge can decrease the soil pH. This can be avoided, if the soil pH is increased by application of lime, or if sludge application rates are limited in some way.

The no. of bacteria of different genera in sludge varies. In general, a total coliform count of 10 to 10 can be found per gram of dry wt., while fecal coliform bacteria generally represent 10 to 10 per gram of dry wt. The pathogens should be reduced to levels that are unlikely to cause a threat to public health and the environment under specified use conditions processes to significantly reduce pathogens, such as digestion, drying, heating and high pH or their equivalent are the most commonly used one.

For the removal of OCs from sludge mainly two approaches ar there – physico chemical or microbiological which involves either high temperature oxidation (incineration) or reductive dechlorination (pyrolysis in an atmosphere of hydrogen). To achieve allow level of risk, presticide concentrations in the combined soil and sludge mixture must be less than 1.25 mg/kg dry wt.

Environmental impact risk and benefit assessment for sewage sludge recycling to agricultural land (B= beneficial effect, L=Low risk, P=Possible risk, NA=Not applicable.)

Environm-ental parameter PTEs Organic contaminants Pathogens Nitrogen Phosphorus Organic matter

Human health L P L B B B

Crop yields L L L B B B

Animal health L L L B B B

Ground water quality L L L P L L

Surface water quality L L L P P B

Air quality L L L P NA NA

Soil fertility P L L B B B

Natural ecosystem P P L P P B

11. Sludge regulation

Sludge, by its very nature, is difficult to regulate. Depending upon what chemicals are being released into various sewer systems minute to minute, the toxicity of the state's sludge could vary day-to-day, minute-to-minute. Regulations of sludge do not adequately protect public health and the environment.

11.1. Regulations problems:

• Have weak pollution standards;

• Allow for the spreading of sludge containing live pathogens;

• Discourage municipalities from being precautionary and public health oriented by not allowing them to make stricter standards than the state’s; and

• Marginalize citizens’ voices in the process as the sludge industry has greater access to state regulators than the average citizen.

11.2. Heavy Metals Standards (in ppm)

Heavy Metal Denmark Sweden Finland Germany Netherlands Norway European Union

Arsenic 25 N/A N/A N/A 0.15 N/A N/A

Cadmium 0.8 2.0 1.5 5 or 10* 1.25 2.5 20

Chromium 100 100 N/A 900 75 100 N/A

Copper 1000 600 N/A 800 75 1000 1000

Lead 120 100 100 900 100 80 750

Mercury 0.8 2.5 1 8 0.75 3 16

Nickel 30 50 100 200 30 50 300

Zinc 4000 800 1500 2500 300 800 2500

*Source Harrison, et al. 1999 7

11.3. Sludge vs. Natural soil

Heavy Metal Average Sludge (ppm) Natural Soil (ppm) Times Higher than Natural Soil

Arsenic 5.6 7.4 1.3

Cadmium 2.4 0.37 6.4

Copper 388.0 23.3 16.6

Chromium 33.3 30 1.1

Lead 61.5 17 3.6

Mercury 1.2 0.003 400

Molybdenum 7.5 0.79 9.4

Nickel 22.8 18 1.2

Selenium 2.6 0.45 5.7

Zinc 468.5 68.5 6.8

11.4. Standard values for organic compounds

Compounds Concentration in sludge

PAHs 1-10 mg./Kg.

Alkyl phenols 100 – 3000 mg./Kg.

PCBs 1 - 20 mg./Kg.

Poly chlorinated dibenzo-p-dioxins Very low

OC pesticides

Monocyclic aromatics

Chloro benzenes

Aromatic & alkyl amines 0 – 1mg./Kg.

Phenols 0 – 5mg./Kg.

12. The sludge solution

If spreading sludge in our communities is dangerous, where should it go? What are we supposed to do with this waste? The real question is, how can we eliminate the spreading of toxic pollutants on our land and how can we eliminate these contaminants from our wastewater treatment plant so that human waste becomes a truly useful and safe commodity? Because sludge contains toxic chemicals and other pollutants, the best solution to our sludge problem is reducing these contaminants at their source. By dramatically reducing the use and disposal of industrial and household toxic chemicals we can greatly cut the chemical levels in sludge. Until the long-term goal of eliminating the use and disposal of toxic chemicals is achieved, the state should:

1. Ban the use of sludge that contains industrial discharges.

2. Require the strictest level of pathogen reduction.

3. Broaden and strengthen sludge testing and toxic limits.

4. Allow municipalities to enact ordinances that are more stringent than the state’s regulations through the town meeting or a town-wide vote process.

5. Provide for the long-term pH maintenance and metal monitoring of sludge sites.

In addition to statewide protections, municipalities should also enforce their own protections through strong ordinances controlling sludge. It is, after all, local communities that are most threatened by sludge spreading.

13. Disposal of sludges

Sludge disposal is a worldwide problem and a wide variety of disposal routes have been adopted as directed by local conditions. The final resting place of the sludge must be either on the land, in the air or in the water. Disposal of sludge to the air largly employs high temperature incineration or pyrolysis. Although, this reduction is sufficient to “stabilise” the sludge, a large volume remains for disposal. Disposal of sewage sludge to the ocean in now banned because of its perceived environmental effects. The major sludge disposal methods employed by the waste water treatment plants are alienation or selling lagooning, used for municipal gardens, used for instant lawn cultivation, land application. The remaining of the sludge is either stockpiled or land filled.

Disposal and application of sludge’s should involve the following

1. The application must contain a summary of the types of crops to be grown on the proposed site, the method of sludge application, and an anticipated spreading schedule. The application must also include a representative soil nutrient analysis for the site.

2. The sludge must provide “agronomic benefit” to the crops grown on this soil--meaning the generator must show that the site has a need for the nutrients provided for by the sludge. Farms utilizing sludge are required to have a licensed nutrient management specialist develop a whole farm nutrient management plan. This plan is the basis for the above determination that additional nutrients are needed on the farm.19

3. The application must show that “the water of the state will be protected.” In practice, state regulators assume that the waters of the state will be protected as long as certain setbacks and spreading requirements are provided for in the application.

4. To this end, sludge cannot be spread when soil is frozen, snow covered, and water logged. Sludge cannot be spread on land that favors the growth of water loving plants such as wetlands, swamps and others.

5. The soil of a proposed sludge site must have a six-inch soil cap and a minimum depth to bedrock of 10 inches for perennial crops (such as hay) and 20 inches for row crops (such as corn).

6. For Class B sludge, spreading may not occur within 25 feet of on-site waterways, including gullies, ravines, and swales. Sludge sites may not be located within 75 feet of a river, perennial stream, or great pond.

7. The application must include a statement as to whether or not the site is located on or next to a protected natural resource, a sensitive area, and/or a direct watershed to waters.

8. The generator must demonstrate that the sludge spreading activity will meet traffic standards for the site. This standard is assumed to be met if the sludge spreading activity will result in 16 or less vehicle trips a day.20

9. The application must include a site-specific odor control plan to prevent nuisance odors at neighboring properties. It assumes that odor, air quality, and nuisance standards will be met at the site if the site is 300 feet from occupied buildings, if there is a site specific odor control plan.21

10. The application must prove that the sludge is “non-hazardous”. To prove this, the application must include an analysis of the heavy metal levels in the sludge. If the generator’s sludge contains heavy metal concentrations above screening concentrations then the application must include a sampling and monitoring plan as well as demonstrate that the maximum heavy metal soil concentration will not be exceeded.

11. The application must also include an analysis of the dioxin level in the sludge. If a generator's sludge contains 27 parts per trillion of dioxin, then the application must include a statement signed by the generator, the landowner, and the operator acknowledging the dioxin in the sludge to be spread.

The statement must also include an agreement to the following conditions:

? The site will be tested for dioxin within 3 months of the last sludge spreading.

? If the soil on the site contains 27 parts per trillion of dioxin, then livestock intended for human consumption may not be pastured on site, crops for human consumption may not be grown on the site, and the deed to the site must record this information.

12. The application must also include a sampling plan: how often and in what manner the sludge will be tested for heavy metals and other toxins.22

13. Sludge will be spread at a minimum of 15 inches above groundwater surfaces. Food crops grown on the site with harvested parts that touch the soil will not be harvested for 14 months after the last sludge spreading.

14. If the sludge remains on the land for four months or more before being incorporated into the soil, food crops that grow below the soil cannot be harvested for at least 20 months after the last sludge spreading.

15. Food crops, feed crops, and fiber crops grown on the site but do not have harvested parts that might touch the sludge cannot be harvested for at least 30 days after the last sludge spreading.

16. Domestic animals are not allowed to graze on the land for at least 30 days after the last sludge spreading.

17. Turf grown on the site cannot be harvested for one year after the last sludge

spreading.

18. The application must contain site maps, including: a topographical map; a sketch of the site; a tax map; soils map (from U.S. Department of Agriculture); sand and gravel aquifer map; and a flood zone map.

19. The site sketch should include all the set backs and buffers that will be incorporated, as well as the location of onsite and abutting roads, wells, and buildings. The topographical maps are used to determine slopes at the site. The soils, sand and gravel aquifer, and flood zone maps are used to determine if the site is suitable, in a regulatory sense, for sludge spreading activities.23

14. Conclusion and Recommendation

14.1. Policy recommendation

? Prohibit sludge that contains industrial discharges from being land applied. The best way to ensure that our rural land is protected from industrial contamination is to ban the use of sludge that contains these toxins.

? Require land spread sludge to undergo the strictest pathogen reduction method available. Sludge with viruses, bacteria, and parasites above background levels should not be land applied.

? Broaden and strengthen sludge testing parameters. Sludge needs to be tested more frequently for more contaminants. In order to best protect public health and the environment, allowable pollutant levels should be guided not only by toxicology but also by natural background levels as well.

? Allow municipalities to enact ordinances that are more stringent than the state's through a town meeting or town-wide vote. The people who are most affected by sludge sites are local residents. It is important that these residents have a voice when it comes to decisions that affect their community.

? Provide for long-term maintenance of sludge sites. Sludge generators should be responsible for testing the pH of all sludge application sites, whether active or closed, and cover the costs of lime (or other amendments) to maintain safe soil pH. All large volume sludge activities should be recorded on deeds so that future potential buyers are aware of past use of the property.

15.2. Recommendation for municipalities

• Sludge is an especially important issue for municipalities to oversee: it is local residents that have the most to lose from the threat of sludge.

• In municipalities that are home to a wastewater treatment facility, local residents, town officials, and directors of the facility can work together to implement the above statewide recommendations at the local level.

• All towns have the authority to ban the use of sludge, or sludge materials (such as compost) on municipal property.

• Municipalities can also pass strict ordinances controlling sludge application. Although the state preempts local control on setting strict standards, there are several ways towns can discourage sludge spreading.

15.3. What concern citizen can do?

Citizens can protect themselves and their community from the dangers of sludge by being proactively engaged in sludge reform. Depending upon the needs of the community, citizens can reform sludge rules through engaging town officials, local and statewide public health and environmental groups.

References

1. Dean and Suess (1995). Toxic Sludge Is Good For You!, Center for Media & Democracy. Published by Common Courage Press, Monroe, ME. p. 101-107.

2. www.vpirg.org , On the Ground, The Spreading of Toxic Sludge in Vermont, Vermont Public Interest Research Group,VPIRG, 64 Main St., Montpelier, VT 05602. (802) 223-5221.

3. vpirg@vpirg.org . 7-9.

4. www.vpirg.org , Conversations with DEP Officials and Staff of Portland Water District

5. vpirg@vpirg.org On the Ground, The Spreading of Toxic Sludge in Vermont, Vermont Public Interest Research Group, VPIRG, 64 Main St., Montpelier, VT 0560. (802) 223-5221. 35-36

6. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 419, 17.

7. Harrison, Ellen Z. et al, (1999) The Case for Caution, Recommendations for Land Application of Sewage Sludge and an Appraisal of the US EPA’s Part 503 Sludge Rules, Cornell Waste Management Institute, Center for the Environment, Cornell University, Ithaca, NY 14853. February.

8. www.vpirg.org ,vpirg@vpirg.org On the Ground, The Spreading of Toxic Sludge in Vermont, Vermont Public Interest Research Group, VPIRG, 64 Main St., Montpelier, VT 05602. (802) 223-5221. 12-14.

9. www.essential.org/cchw America’s Choice Children’s Health or Corporate Profit, Center for Health, Environment, and Justice, PO Box 6806, Falls Church, VA 22040 703.237.2249, 546

10. Gibbs, Lois Marie et al. (1995) Dying from Dioxin: A Citizen's Guide to Reclaiming Our Health and Rebuilding Democracy. South End Press, Boston.. p. 25

11. vpirg@vpirg.org 10-11.

12. Scott, Laura, et al. (1998) The Sludging of New Hampshire. Answers for Local City and Town Officials in New Hampshire. New Hampshire Sierra Club. “Land Application of Wastewater Biosolids in Maine.” Maine Wastewater Control Association brochure.

13. Lewis, David L., et al. Enhanced Susceptibility to Infection From Exposure to Gases Emitted by Sewage Sludge: A Case Study, Departments of Marine Sciences, Biological and Agricultural Engineering, and Medical Microbiology, University of Georgia, Athens, GA 30602, BIOSET, Inc, 13700 Veterans Memorial, Ste. 385, Houston, TX, 77014. (conclusions)

14. Tuohy, John, (2000) “State probe wrongly followed path of bike ride to a bee sting,” USA Today, July 13,. 20. Statement of Joanne Marshall

15. www.essential.org/cchw. “A Comparison of Heavy Metals in Sewage Sludge, Soil, and Applicable Regulatory

16. cchw@essential.org Standards,” 10/10/00 fact sheet from Maine Department of Environmental Protection. 47

17. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 2, 21-22.

18. Standards,” 10/10/00 fact sheet from Maine Department of Environmental Protection.

19. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 419, 7-10.

20. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 419, 26.

21. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 419, 7-10 and 26.

22. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 400, 28.

23. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 419, 26-27.

About the Author

Md. Wasim Aktar is a Senior Research Fellow in Export Testing Laboratory, APEDA, B.C.K.V., Mohanpur,West Bengal, Pin-741252,India. He is expert in pesticide residue analysis using GC-MS and LC-MS from different environmental samples. He is an Agriculture Graduate and obtained his M.Sc. degree in Agricultural Chemicals from B.C.K.V. He is now doing his Ph.D. work in the same university under the deptt. of Agricultural Chemicals.

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White House to Main Street Town Hall: Ottumwa, IA

My wife wants to end the marriage because she says from the time she married me life has been a financial?

struggle and that we had not succeeded in adopting a child ( she can't conceive)?

When she married me she knew that I had no assets as I was recovering from my previous divorce. Morevover, I just began a successful business in my own country but she wanted to live in the UK and I left that ( employment law consultant) and moved to the UK.

I was in and out of jobs in the UK with my last job ( HR Manager lasting a year and half) and came to an end in Dec 09 through redundancy.

She says that I did not contribute enough.She wanted to open joint bank accs etc from the beginning but I did not know she felt so strongly about it.

I know she wants out but is the financial reasons given fair on me in the circumstances?
She says she wants someone who is financially well off enough so that she does not have to work?
She is insisting that I do not make a financial claim against her as she can't afford it? Should I be sympathetic?

.Doesn't matter if her reason is 'fair' to you or not. If she no longer desires to be married to you, and you two cannot or will not work it out, then it's best to go your separate ways. If she wants someone to support her, she'll likely find someone who will. Not much of a goal in life, so would you really consider her much of a loss?

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Can an employer legally withhold money from your paycheck, if s/he thinks you owe the company?

(Maryland laws only)

My boss initially low-balled me on pay rate, because he knew I needed a job - my wife and I were pregnant. He knew I wouldn't say No to the opportunity. There were initial promises of going hourly to salary, competetive salary rate after 90 days, paid holidays, and accumulation of vacation days - none of which came to fuition. Eventually, he offered to pay for licensing costs & schooling.

After a year, I took another job, with a better company, with family benefits beginning on my first day and a slightly better salary.

Now, my boss wants to deduct the school's cost from my final paycheck, because I'm not "fulfilling my responsibility to the company".

Should I confront him or just not come in my last few days? The amount of days I'd be paid for working at the end approximately equals the amount I "owe" the company.

Is withholding that money legal or should I even have to repay it, if there is no business/employment agreement?

He can not legally unilaterally deduct cost he thinks he owes you from your paycheck. That being said, it may cost you more to fight it than it is worth. If he does deduct, ask an attorney for a free consultation regarding the matter.

Perhaps you could go to small claims court.

A real fun thing to do would go to the local press. they are always looking for the "little guy being exploited by the mean business dude" story. If that kind of pub would not reflect poorly on you, it might make him look like a real jerk.

What ever you decide to do, sleep on it. Never react when you are angry or emotional, you do things you later regret.

Good luck.

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La County Short Term Disability Plan

When dealing with a disability, people often think only of permanent and total disability or long-term disability.

Usually, employee’s time off have three levels, namely:

• sick leave for the person needing a few days off

• short term disability (STD) for brief periods of disability for one or more weeks

• long-term disability (LTD) for extended periods of disability

The County of Los Angeles provides STD Plan that offers income replacement to ill, injured or pregnant County employees. In case a dispute ensues under the plan, Short Term disability lawyers must be consulted.

According to the latest US Census, about 12% of the working age population of Los Angeles had some type of disability. Approximately 42% of those reporting disabilities are employed compared to 74% of those without a disability.

Short Term Disability Defined

Disability, under STD, means that the condition prevents an individual to perform regular and customary job duties, or modified job duties, as a County employee. This definition considers the following factors:

1. The severity of medical condition

2. The kind of work performed

3. The duration of disability

4. The type of work capable of performing

Short Term Disability Benefits

Employers pay a portion of their employees’ salary between the time sick leave is exhausted and long-term disability starts.

The typical benefit is between 50% and 75% of salary. Some larger employers will pay 100% of the salary based on length of service before reducing the benefit to a lesser percentage.

The payment is usually a percentage of gross weekly salary without bonuses, commissions or overtime that will be specified in the plan document.

How to Receive STD Benefits

To reap the benefits under the STD Plan, one must be enrolled to it. During enrollment, the prospective employees must choose between the two benefits, namely:

• Core benefit which is a 14-day waiting period followed by 70% income replacement; or

• Additional benefit which is a 7-day waiting period followed by 100% income replacement for 21 days, then 80% income replacement for the remainder of the approved STD period.

If you select the STD additional benefit, the 100% - 80% STD income replacement is not payable under California workers’ compensation laws.

In case of an industrial injury or illness, a maximum of 70% STD income replacement will be due to an individual. The STD waiting period will stay equal to the amount of waiting period days you elected in either the core or additional benefit.

Waiting Period Defined

Most Short Term Disability plans do not start paying until the employee has been absent for one week or until the sick leave has expired – whichever comes first.

The waiting period begins on the “first day of disability, as certified by your health care practitioner, and ends the date you are entitled to receive STD payments”.

A “day” for purposes of the waiting period, is considered a “calendar day”. This includes weekends, holidays, and any other regular day off.

You are not entitled to STD payments during the waiting period.

Duration of Benefits

If approved by the Third Party Administrator (TPA), STD benefits may carry on for up to 182 calendar days from the first day of disability without any work pay.

The duration of a disability depends on the circumstances as determined by the TPA, based on medical information received from your health care practitioner.

STD Payments in Los Angeles County

STD payments are paid by the County of Los Angeles, not the TPA.

Under the Plan, STD benefits are never paid for the following:

• Injuries sustained upon commission of a felony;

• War Injuries;

• Injuries inflicted upon oneself; or

• When a disability is not acceptable by prevailing medical facts and medication, as determined by the TPA

Residents of LA County may now enjoy benefits whenever a short-term injury occurs. Just consult your short-term disability lawyer for guidance and you are ready to file your claim.

About the Author

To get the best legal services and representation for your disability claim, log on to our website and seek assistance from our expert Los Angeles Social Security attorneys

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All Things about Quran as a Miracle and English Translation of It

In the name of God, the Beneficent, the Merciful.

All praise is due to God, the Lord of the Worlds.

The Beneficent, the Merciful.

Master of the Day of Doom.

 Thee (alone) we Worship; Thee (alone) we ask for Help.

Keep us on the Right Path.

The Path of Those Upon whom Thou hast Bestowed Favors. Not (the path) of those upon whom Thy Wrath is Brought Down, nor of those who go Astray.

 

 Abstract

 

Despite the historical fact that the early Muslim community's stand on the translation of the Arabic text of the Quran was ambivalent, as indeed, the general Muslim attitude remains so to this day, the act of translation may be logically viewed as a natural part of the Muslim exegetical effort. However, whereas the idea of interpreting the Quran has not been so controversial, the emotional motives behind rendering the Quranic text into languages other than Arabic have always been looked upon with suspicion. Muslims believe that the Quran is the revealed word of God. It happens to be in Arabic. Any translation into another language, like English, can only be an interpretation of the meaning, as is obvious if you compare two or more translations - sometimes they don't say at all the same thing! In general, the translator can attempt to render the text as literally as possible, or he can attempt to capture the meaning and flavor of the text, but not both.

 This is obvious as the need for translating the Quran arose in those historic circumstances when a large number of non-Arabic speaking people had embraced Islam, and giving new linguistic orientations to the contents of the revelation - as, for instance, happened in the case of the 'New Testament' - could have led to unforeseeable, and undesirable, developments within the body of the Islamic religion itself. (For a brief, though highly useful, survey of the Muslim attitudes towards the permissibility of translating the text of the revelation to non-Arabic tongues, see M. Ayoub, 'Translating the Meaning of the Quran: Traditional Opinions and Modern Debates', in Afkar Inquiry, Vol. 3, No. 5 (Ramadan 1406/May 1986), pp.34 9).

The Qur’an is the Divine literal Word of God, Muslims believe, revealed in Arabic to His Prophet Muhammad by the archangel Gabriel. However, Muslims also believe that Prophet Muhammad was not sent to Arabs only but to all mankind. That the message of Islam is a universal one, is a fact admitted by the Qur’an itself in the early Meccan suras (34: 28, 7: 158, 21: 107, etc). Therefore, it is Muslims’ duty to convey the message of Islam and the meanings of the Qur’an to all humanity. But in the meantime there is the concept of the inimitability of the Qur’an; i.e. it is in the highest rank of Arabic rhetoric and beauty that it challenged Arabs to produce the like of the shortest sura of it and they failed. The problem of translating the Qur’an into foreign languages became more pressing when Muslims came in close contact with non-Arabs, notably Persians, after the death of the Prophet Muhammad. The first appearance and discussion of the issue in classical books of fiqh was related to the issue of reciting the translation of the Qur’an in prayer. However, in the 1920s and 1930s, the issue of translating the Qur’an reappeared due to several historical factors, which played a significant role in this debate, namely the translations made for nationalistic and sectarian purposes [1] as well as those made by Orientalists and missionaries for polemical purposes. Thus the different opinions of this period should be discussed in light of these factors. 

1. Opponents of the Translation of the Qur’an

In a separate study, the opinion of Rashid Rida regarding the translation of the Qur’an ‘was discussed.[2] Rida was not alone in his opposition to the translation of the Qur’an to non-Arab Muslims, yet we will see other scholars who adopted more or less the same opinion because of the early twentieth century conditions, which incited this approach. Among these scholars we the opinions of Sheikh Muhammad Hasanayn Makhluf and Sheikh Muhammad Shakir will be discussed.

1.1 Sheikh Muhammad Shakir[3]

In 1925 Sheikh Muhammad Shakir, former Wakil of al-Jami‘ al-Azhar, wrote a long article published in four parts[4] respectively in Al-Muqattam daily newspaper. This article was published later in the same year as a book entitled Al-Qawl al-Fasl fi Tarjamat al-Qur’an al-Karim ila al-Lughat al-A‘jamiyya.[5] Sheikh Shakir started by explaining what is meant by translation. He defined it as “the transference of speech from one language to another.” He then stated that a translator must know the meaning of each individual word, the idea that each one is intended to convey, either literally or metaphorically, and the special rules of composition whereby these individual words can express a sequence of ideas. The translator’s knowledge of the target language, he continued, must be equal to his knowledge of the language from which he translates — not merely as to the meaning of individual words and their literal and metaphorical use, but also the syntactical modes of expression — otherwise the translation will fail to convey the sense of the original or will differ from it.[6]

He compared the translation from one language to another to substituting one expression for another in the same language, in the sense that a balance of meaning must be preserved between the original and the translation, and between one phrase and another. Then he inquired if, in the case of the Qur’an, a due balance of meaning can be achieved in the replacement of one expression of the sacred text for another, no matter how much we strive to preserve this balance of meaning. In answer, he stated that no Muslim since the time of the Prophet to the present age had hesitated to give a definite answer in the negative and to condemn it absolutely, and that no man may change one word for another in the order it is set down in the Qur’an, even though the two words may be exactly synonymous.[7] He gave an example with the word walad in surat ’Al ‘Imran (4: 47) and ghulam in surat Maryam (19: 20) stating that all Muslims agree that we are not at liberty to read in both suras, either walad or ghulam, nor put one of these words in place of the other in either of the two suras. He then stressed that if this kind of change of one expression for another in the language of the Qur’an itself is forbidden by all Muslims, then such a change as would be implied by the transference of all the words in the sacred text from the Arabic language into any foreign language is much more strictly forbidden.[8]

He also argued that the Qur’an is distinguished from all other heavenly books by the sacred character that accompanies its arrangement in Arabic. As to the Tawrah and the Injil, he continued, each one of them is a sacred book but through a sacred meaning quite apart from sacred words.[9] He condemned those persons making demands for a translation of the Qur’an reminding them that the Qur’an is the abiding remnant of the Islamic community, after the Great War had torn asunder the countries of Islam and after the Turkish republic had demolished the throne of the exalted caliphate and thrown aside the chief capital of Islam. Then he warned them that they will see another battle-ground for the Islamic community, when they find in the Turkish republic a Turkish Qur’an, and in the English colonies an English Qur’an, and in the colonies of other governments a French or Italian, or Spanish or Dutch Qur’an, which the translators will have to correct and revise whenever they recognize a need for correction and revision as is the case with the Tawrah and the Injil.[10]

1.2 Sheikh Muhammad Hasanayn Makhluf[12]

In the same year (1925) Sheikh Hasanayn Makhluf, former Mufti of Egypt, published a treatise entitled Risala fi Hukm Tarjamat al-Qur’an al-Karim wa-Qira’atihi wa-Kitabatihi bi-ghayr al-Lughati al-‘Arabiyya which was originally the last of four treatises he started on Rajab 1340/1922 and dedicated to some themes pertaining to Qur’anic sciences.[13] First, he distinguished between three kinds of translation (1) equal literal translation, (2) unequal literal translation, and (3) interpretative translation, stating that the first, i.e. the word for word translation which is identical to the original in its composition, style and rhetoric, is out of discussion for there is consensus among scholars that it is unimaginable and impossible to achieve.[14] Also he stated that the interpretative translation is not a translation of the words of the original but of their interpretation, in other words, it is an interpretation of or commentary on the Qur’an in another language. Sheikh Makhluf, maintained that this translation is unanimously permissible provided that it is based on the sound Prophetic traditions, knowledge of the sciences of Arabic language, and of other Qur’anic sciences which are required for the interpretation of the Qur’an.[15]

As for the unequal literal translation, which is the focus of his treatise, he said that in this kind of translation the translators try to replace each word by its equivalent in the target language as much as possible and thus it is not necessary to preserve the characteristics of the original in the translation.[16] He went on to explain that this occurred in the various translations made by Orientalists since the time they commenced translating the Qur’an in the eleventh century. The purpose of the majority of them, he said, was to damage it, distort its composition, and change its meanings. His opinion was that the best method of combating this campaign was to inform them that what they produced was not the Qur’an, and to convey to them the true message of the Qur’an, because most of what they knew about it was false due to the faults of translators or intentional distortion and alteration.[17] Then he stated that this kind of translation (i.e. the unequal literal trans.) is unlawful arguing that Allah and His Messenger took the responsibility of protecting and guarding the composition and style of the Qur’an and ordered us to protect it, so any act that contradicts this protection is an evil and a bad thing for it gives way to its alteration and distortion. In this sense the translation is an aggression against Allah and His Messenger and alteration of His Book. The same applies to the interpretative translation if it deviated from the Sunna of the Prophet, the basic sciences and principles of interpretation upon which the commentators relied.[18]

He referred to the opinions of the jurists of the four schools of jurisprudence stating that they did not permit the literal translation of the Qur’an. He pointed out that none of them was reported to have permitted it in any age except for what was reported about the Hanafis that they permitted the recitation of the translation of the Qur’an for the obligatory part needed in prayer on the basis of a certain proof.[19]

The method of conveying and propagating the message of Islam to all humans, he elucidated, was through explaining the principles of Islam that the Qur’an brought and were embodied in the biography of the Prophet which can be expressed in all languages without any need for translation [of the Qur’an].[20] Then he gave examples with the Muslim Turks, Persians, and Indians who read the Qur’an in Arabic, though they do not know Arabic but understand as much of it [the Qur’an] as is necessary to fulfill the obligations of Islam without any need for the translation of the Qur’an.[21]   

He concluded that the unequal literal translation is unlawful; the interpretative translation is permitted provided that it is based on a valid interpretation of the Qur’an; and that spreading Islam to all humans is not dependant on the translation of the Qur’an but on a sound translation of the principles of Islam, which is fard kifaya (collective duty).[22]

The Muslim need for translating the Quran into English arose mainly out of the desire to combat the missionary effort. Following a long polemical tradition, part of whose goal was also the production of a - usually erroneous and confounding - European version of the Muslim scripture; Christian missionaries started their offensive against a politically humiliated Islam in the eighteenth century by advancing their own translations of the Quran.

Obviously, Muslims could not allow the missionary effort - invariably confounding the authenticity of the text with a hostile commentary of its own - to go unopposed and unchecked. Hence, the Muslim decision to present a faithful translation of the Quranic text as well as an authentic summary of its teaching to the European world. Later, the Muslim translations were meant to serve even those Muslims whose only access to the Quranic revelation was through the medium of the European languages. Naturally, English was deemed the most important language for the Muslim purpose, not least because of the existence of the British Empire which after the Ottomans had the largest number of Muslim subjects.

The same rationale, however, applies to sectarian movements within Islam or even to renegade groups outside the fold of Islam, such as the Qadiyanis. Their considerable translational activities are motivated by the urge to proclaim their ideological uniqueness.

Although there is a spate of volumes on the multi-faceted dimensions of the Quran, no substantial work has so far been done to critically examine the mass of existing English translations of the Quran.

Even bibliographical material on this subject was quite scant before the fairly recent appearance of World Bibliography of the Translations of the Meanings of the Holy Quran (Istanbul, OIC Research Centre, 1986), which provides authoritative publication details of the translations of the Quran in sixty-five languages.

Some highly useful work in this field had been done earlier by Dr. Hamidullah of Paris. Appended to the Cambridge History of Arabic Literature Volume 1, Arabic Literature to the End of the Umayyad Period (Cambridge university Press, 1983) is a bibliography of the Quran translations into European languages, prepared by J.D. Pearson, as is the latter's article in the Encyclopaedia of Islam. It is, however, of not much use to the Muslim.

Since none of the above-mentioned works is annotated, the reader gets no idea about the translator's mental make-up, his dogmatic presuppositions and his approach to the Quran as well as the quality of the translation.

Similarly the small chapter entitled 'The Qur'an and Occidental Scholarship' in Bell and Watt's Introduction to the Qur'an (Edinburgh, 1970, pp. 173-86), although useful in providing background information to Orientalists' efforts in Quranic studies, and translations, more or less for the same reasons, is of little value to general Muslim readers. Thus, studies which focus on those aspects of each translation of the Quran are urgently needed lest Western scholars misguide the unsuspecting non-Arabic speaking readers of the Quran. An effort has been made in this survey to bring out the hallmarks and shortcomings of the major complete translations of the Quran.

The early English translations of the Quran by Muslims stemmed mainly from the pious enthusiasm on their part to refute the allegations leveled by the Christian missionaries against Islam in general and the Quran in particular.

Illustrative of this trend are the following translations:

(i) Mohammad Abdul Hakim Khan, The Holy Qur'an:'with short notes based on the Holy Qur'an or the authentic traditions of the Prophet, or and New Testaments or scientific truth. All fictitious romance, questionable history and disputed theories have been carefully avoided' (Patiala, 1905);

(ii) Hairat Dehlawi, The Koran Prepared, by various Oriental learned scholars and edited by Mirza Hairat Dehlawi. Intended as 'a complete and exhaustive reply to the manifold criticisms of the Koran by various Christian authors such as Drs. Sale, Rodwell, Palmer and Sir W. Muir' (Delhi, 1912); and

(iii) Mirzal Abu'l Fadl, Qur'an, Arabic Text and English Translation Arranged Chronologically with an Abstract (Allahabad, 1912).

Since none of these early translations was by a reputed Islamic scholar, both the quality of the translation and level of scholarship are not very high and these works are of mere historical interest.

Later works, however, reflect a more mature and scholarly effort.

Muhammad Marmaduke William Pickthall, an English man of letters who embraced Islam, holds the distinction of bringing out a first-rate rendering of the Qur'an in English, The Meaning of the Glorious Qur'an (London, 1930).

It keeps scrupulously close to the original in elegant, though now somewhat archaic, English. However, although it is one of the most widely used English translations, it provides scant explanatory notes and background information. This obviously restricts its usefulness for an uninitiated reader of the Qur'an.

Abdullah Yusuf Ali's The Holy Qur'an: Translation and Commentary (Lahore, 1934 37), perhaps the most popular translation, stands as another major achievement in this field. A civil servant by vocation, Yusuf Ali was not a scholar in the classical Muslim tradition. Small wonder, then, that some of his copious notes, particularly on hell and heaven, angels, jinn and polygamy, etc. are informed with the pseudo-rationalist spirit of his times, as for instance in the works of S. Ahmad and S. Ameer Ali.

His overemphasis on things spiritual also distorts the Qur'anic worldview. Against this is the fact that Yusuf Ali doubtless was one of the few Muslims who enjoyed an excellent command over the English language. It is fully reflected in his translation. Though his is more of a paraphrase than a literal translation, yet it faithfully represents the sense of the original.

 The Meaning of the Qur'an (Lahore, 1967), the English version of Sayyid Abul A'la Mawdud'i's magnum opus, the Urdu Tafhim al-Quran is an interpretative rendering of the Qur'an which remarkably succeeds in recapturing some of the majesty of the original.

Since Mawdudi, a great thinker, enjoyed rare mastery over both classical and modern scholarship, his work helps one develop an understanding of the Qur'an as a source of guidance. Apart from setting the verses/Suras in the circumstances of its time, the author constantly relates, though exhaustive notes, the universal message of the Qur'an to his own time and its specific problems. His logical line of argument, generous sensibility, judicious use of classical Muslim scholarship and practical solutions to the problems of the day combine to show Islam as a complete way of life and as the Right Path for the whole of mankind. Since the translation of this invaluable work done by Muhammad Akbar is pitiably poor and uninspiring, the much-needed new English translation of the entire work is in progress under the auspices of the Islamic Foundation, Leicester.

The Message of the Quran by Muhammad Asad (Gibraltar, 1980) represents a notable addition to the body of English translations couched in chaste English. This work is nonetheless vitiated by deviation from the viewpoint of the Muslim orthodoxy on many counts. Averse to take some Qur'anic statements literally, Asad denies the occurrence of such events as the throwing of Abraham into the fire, Jesus speaking in the cradle, etc. He also regards Luqman, Khizr and Zulqarnain as 'mythical figures' and holds unorthodox views on the abrogation of verses. These blemishes apart, this highly readable translation contains useful, though sometimes unreliable background information about the Qur'anic Suras and even provides exhaustive notes on various Qur'anic themes.

The fairly recent The Qur'an: The First American Version (Vermont, 1985) by another native Muslim speaker of English, T.B. Irving, marks the appearance of the latest major English translation. Apart from the obnoxious title, the work is bereft of textual and explanatory notes.

Using his own arbitrary judgment, Irving has assigned themes to each Qur'anic Ruku' (section). Although modern and forceful English has been used, it is not altogether free of instances of mistranslation and loose expressions. With American readers in mind, particularly the youth, Irving has employed many American English idioms, which, in places, are not befitting of the dignity of the Qur'anic diction and style.

In addition to the above, there are also a number of other English translations by Muslims, which, however, do not rank as significant ventures in this field.

They may be listed as:

1. Al-Hajj Hafiz Ghulam Sarwar, Translation of the Holy Qur'an (Singapore, 1920)
2. Ali Ahmad Khan Jullundri, Translation of the Glorious Holy Qur'an with commentary (Lahore, 1962)
3. Abdur Rahman Tariq and Ziauddin Gilani, The Holy Qur'an Rendered into English (Lahore, 1966)
4. Syed Abdul Latif, Al-Qur'an: Rendered into English (Hyderabad, 1969)
5. Hashim Amir Ali, The Message of the Qur'an Presented in Perspective (Tokyo, 1974)
6. Taqui al-Din al-Hilali and Muhammad Muhsin Khan, Explanatory English Translation of the Holy Qur'an: A Summarized Version of Ibn Kathir Supplemented by At-Tabari with Comments from Sahih al-Bukhari (Chicago, 1977)
7. Muhammad Ahmad Mofassir, The Koran: The First Tafsir in English (London, 1979)
8. Mahmud Y. Zayid, The Qur'an: An English Translation of the Meaning of the Qur'an (checked and revised in collaboration with a committee of Muslim scholars) (Beirut, 1980)
9. S.M. Sarwar, The Holy Qur'an: Arab Text and English Translation (Elmhurst, 1981)
10. Ahmed Ali, Al-Qur'an: A Contemporary Translation (Karachi, 1984).

(In view of the blasphemous statements contained in Rashad Khalifa's The Qur'an: The Final Scripture (Authorized English Version) (Tucson, 1978), it has not been included in the translations by Muslims).

Even amongst the Muslim translations, some are representative of the strong sectarian biases of their translators.

For example, the Shia doctrines are fully reflected in accompanying commentaries of the following books: S.V. Mir Ahmad Ali, The Holy Qur'an with English Translation and Commentary, according to the version of the Holy Ahlul Bait includes 'special notes from Hujjatul Islam Ayatullah Haji Mirza Mahdi Pooya Yazdi on the philosophical aspects of the verses' (Karachi, 1964); M.H. Shakir, Holy Qur'an (New York, 1982); Syed Muhammad Hussain at-Tabatabai, al-Mizan: An Exegesis of the Qur'an, translated from Persian into English by Sayyid Saeed Akhtar Rizvi (Tehran, 198~). So far five volumes of this work have been published.

Illustrative of the Barelvi sectarian stance is Holy Qur'an, the English version of Ahmad Raza Khan Brailai's Urdu translation, by Hanif Akhtar Fatmi (Lahore, n.d.).

As pointed out earlier, the Qadiyanis, though having abandoned Islam, have been actively engaged in translating the Qur'an, Apart from English, their translations are available in several European and African languages.

Muhammad Ali's The Holy Qur'an: English Translation (Lahore, 1917) marks the beginning of this effort. This Qadiyani translator is guilty of misinterpreting several Qur'anic verses, particularly those related to the Promised Messiah, his miracles and the Qur'anic angelology.

Similar distortions mar another Qadiyani translation by Sher Ali, The Holy Qur'an: Arabic Text with English Translation (Rabwah, 1955).Published under the auspices of Mirza Bashiruddin Mahmud Ahmad, second successor of the "Promised Messiah" and head of the Ahmadiyyas, this oft-reprinted work represents the official Qadiyani version of the Qur'an. Unapologizingly, Sher Sher Ali refers to Mirza Ghulam Ahmad as the "Promised Messiah" and mistranslates and misinterprets a number of Qur'anic verses.

There are a number of translations of the Quran into English. This is not a comprehensive list, but rather a list of several that I recommend, and several that I feel people should avoid.

Recommended Translations

1) The Meaning of the Glorious Koran, by Mohammad Marmaduke Pickthall. Pickthall was a British convert to Islam in the early 20th century. His translation sticks closely to the Arabic text and to the interpretations made by Muslims. It is also very easy to find and inexpensive. The only drawback is the archaic language (thee and thou and the like), which makes it difficult to read. Nonetheless, this is my preferred translation.

2) The Holy Qur'an: Translation, by Abdullah Yusuf Ali. Available in several versions including with Arabic text, commentary, or Roman transliteration. His translation is looser than Pickthall's but sometimes captures the flavor of the Arabic better. This translation is also widely available in one or another of its versions. Contains some archaic language but not as much as Pickthall.

3) The Koran Interpreted, by A.J. Arberry. This translation is by a non-Muslim. Arberry has really made efforts to render his translation in the most beautiful language and style. However, his rendering of certain passages may differ from that of other translators because he did not make use of Islamic interpretations. Also, the system of verse numbering is different than that of other translations, which makes it difficult to use as a reference.

 

Translations to Avoid

1) The Noble Qur'an in the English Language, by Muhammad al-Hilali and M.M. Khan. These authors have inserted a lot of commentary in parenthetical notes in the text, and this is why I do not like it. It gives a very misleading idea to non-Muslims or to new Muslims what the Arabic text of the Quran is. If the commentary had been put in footnotes rather than the main body of the text, this would be on my recommended list instead. Use this only if you are familiar with the Arabic text of the Quran and can determine what is commentary and what is the Quran.

2) The Koran, by J.M. Rodwell. This is a translation by a Christian missionary. Not only does this introduce bias into his rendering, but he has also left out several verses at the end of Surah al-Baqarat, and the last four surahs. As such, this translation is really unusable. Avoid it.

 2. Proponents of the Translation of the Qur’an

We will study now the opinions of two scholars who permitted the translation of the Qur’an.

2.1 Sheikh Muhammad Mustafa al-Maraghi[23]

Sheikh Muhammad Mustafa al-Maraghi, former Grand Sheikh of al-Azhar, advocated the translation of the Qur’an and expressed the opinion that it is absolutely permissible in a treatise first published in 1932. In 1355/1936 he added to it some other quotations of classical works supporting his viewpoint. This treatise was republished in Nur al-Islam under the title Bahth fi Tarjamat al-Qur’an al-Karim wa-’Ahkamuha and it was also distributed as a supplement to the second issue of the magazine on the occasion of the cooperation between al-Azhar and the ministry of Education in translating the meanings of the Qur’an. He used some quotations of al-Shatibi, Ibn Hajar, and al-Zamakhshari as the basis of his arguments. He started by quoting a passage of al-Shatibi, a Maliki scholar who died in Granada in 790 AH, which reads: “Arabic words, on their own or arranged in literary form to make sense, may be considered from two aspects: either they convey absolute meanings (ma‘anin mutlaqa) or auxiliary meanings (ma‘anin khadima). The first is common to all languages, so that it is possible to express in foreign languages what is expressed in Arabic and vice versa. …The second, derived from highly developed rhetoric, is peculiar to Arabic. If this second view is admitted, it is not possible to translate, in any way, Arabic into foreign tongues, still less to translate the Qur’an, unless the two languages concerned be proved equal… a very difficult thing to do conclusively….”[24] Al-Maraghi then stressed al-Shatibi’s conclusion that it is possible to translate the Qur’an, if the absolute meaning alone is considered, since by common agreement of all Muslims it is permissible to comment on it, and this agreement on its tafsir was an argument for the legitimacy of its translation.[25] Al-Maraghi went on to maintain that translation is similar to commentary in that both are meant to explain the meanings and purposes of the Qur’an in other words. The only difference is that the commentator uses Arabic while the translator uses a non-Arabic language. Since it is possible that a commentator be wrong or right in expressing the meanings, the same possibility should be accepted in respect to the translation as long as the commentator and translator possess the required qualifications.[26]

Al-Maraghi also quoted al-Zamakhshari’s aforementioned commentary on verse (14: 4) in which he stated, “If you argue that the Messenger of Allah was not sent to the Arabs alone but to all mankind…who speak different languages, so that if the Arabs could not make any plea (of ignorance) others could, then I would say this: The Qur’an could have been revealed either in all numerous languages, or only in one language. If the revelation were to be communicated in all languages, it would lead to needless repetition, since translation could serve as a substitute for such repetition. Hence it was revealed to the Prophet in the language of his own people, to whom he was sent, in the preliminary stage of the call to Islam. Once these people came to understand comprehensively the meaning of this message, they took the task of transmitting it to the rest of mankind throughout the world. This is evident in all non-Arab countries, where Muslims get their instruction in the Qur’an through translations in their native tongues…”[27] Furthermore, al-Maraghi stated that Ibn Hajar al-‘Asqalani in his commentary on Sahih al-Bukhari under the chapter entitled “Nazala al-Qur’an bilisan Quraysh wal-‘Arab…” [The Qur’an was revealed in the language of Quraysh and the Arabs…] quoted Ibn Battal who said, “The Qur’an was revealed in the Arabic tongue but this does not contradict the fact that the Prophet was sent to all peoples because he conveyed it [the Revelation] to the Arabs and they in turn would translate it to non-Arabs in their own tongues.”[28]

Al-Maraghi then commenced to respond to the arguments of the opponents of the translation of the Qur’an. He stated that the Qur’an is unanimously the literal word of Allah revealed to Prophet Muhammad in the Arabic language. He denied that Abu Hanifah once held that it is the meaning of the revealed Arabic text as it was reported. Al-Maraghi then asserted that the Qur’an was revealed to the Prophet for two purposes: first, [instruction] through the meanings it comprised such as tawhid (the unity of Allah), the code of Divine laws dealing with all spheres of life, the code of ethics and manners, etc., and second, a proof for the veracity of Muhammad’s Prophethood, that is i‘jaz[29] (the inimitability of the Qur’an).[30] He stated that the majority of Muslim scholars view that the i‘jaz consists in the excellence of its literary composition. Hence no translation could transfer both of the meaning and literary style of the Arabic text to the target languages, but this does not mean that it is impossible to transfer the meaning. As for the i‘jaz, i.e., the inimitability of the literary style, it is still preserved in the Arabic text for the Arabs and non-Arabs who read the Arabic text.[31] then al-Maraghi argued that if the inimitability of the Qur’an lies in the fact that it contained certain forecasts of the future, as some believed, then the translation can convey this proof for this aspect of inimitability is connected to the meaning not to different forms of applying of different kinds of  wording.[32]

Al-Maraghi stressed that the translations cannot be called Qur’an and thus if they are altered or happened to differ from one another, this has nothing to do with the Arabic text which is preserved against any change or alteration as Allah promised. It is, he continued, the official text, which must be resorted to in case of differences, and the criterion for judging any translation to exist.[33]

Finally, al-Maraghi concluded that it is not permissible to change the words of the Arabic text or alter their arrangement and composition, which we are required to protect against distortion and alteration. Translations have nothing to do with this, for they are not the Qur’an and should not be described as such; they are no more than the meanings of the Qur’an. He added that it is not possible to translate the whole Qur’an literally, but this is possible with regard to the majority of its verses. He admitted that the interpretative translation may change the meaning intended by Allah for it is dependant on the understanding and interpretation [of the translator] but he stated that the Hanafis permitted this kind of translation and that al-Shatibi also permitted it comparing it to commentary. Then he stated that arabizing non-Arab Muslims is a pleasant aspiration and every Muslim wishes that Arabic would be the tongue of the whole Muslim world so that all Muslims could read and understand the Arabic text of the Qur’an. However, he emphasized that until this wish is fulfilled it is better that the meanings of the Qur’an be translated to non-Arab Muslims so that they could comprehend and reflect upon them. He also stated that the true meanings of the Qur’an should not be hidden from Christian communities but they should be properly transferred to them so that their scholars could study its social institutions, codes of ethics, etc.[34]

2.2 Sheikh Mahmud Shaltut[35]

In 1355/1936 Sheikh Mahmud Shaltut [former Grand Sheikh of al-Azhar] wrote an article entitled “Tarjamat al-Qur’an wa-Nusus al-‘Ulama’ fiha” in Majallat al-Azhar expressing his attitude regarding the translation of the Qur’an.[36] He adopted the same opinion as Sheikh al-Maraghi. First, he explained that the cause of the controversy on the issue was that some Muslim reformers noticed that many translations of the Qur’an were made by non-Muslims and contained many mistakes, which in turn led to misunderstanding of the meanings of the Qur’an. These Muslim reformers called for the making of a translation containing precise and adequate meanings of the Qur’an, which could then be spread all over the world so that, on the one hand, the guidance and principles of Islam would be propagated, and that it would overcome the corrupt translations on the other hand.[37]

Shaltut then referred to the three kinds of translation previously identified by Sheikh Shakir and stated that the equal literal translation which is intended to preserve the inimitability and excellence of the literary composition of the original was out of discussion for it is impossible and beyond human ability. As for the unequal literal translation and the interpretative translation, he stated that none of them could convey the inimitable aspects of the Qur’an, so such translations were not the Qur’an or its equal, for the Qur’an is the inimitable word of Allah revealed in Arabic and reached us through successive transmission. He emphasized that the existence of any of these two kinds of translation neither challenges the inimitable aspects of the Qur’an nor suffices to convey its purposes, i.e. i‘jaz and tabligh (instruction). But he stressed that the inimitability of the Qur’an consisted not only in its rhetoric and literary composition but also in that it contained certain forecasts of the future, which could not be perceived except through revelation, as well as distinctive codes of laws and social and ethical principles, which no one could say were capable of invention either wholly or partially by an unlettered man. If the translation could not transfer the inimitable rhetoric and composition, he argued, it could transfer the other great aspects of inimitability, which are connected to the original meanings, and thus humanity should not be deprived from them.[38]

3. Analysis

From the previous discussions we can identify many common points between both the opponents and advocates of the translation of the Qur’an. In general, none of them opposed translation of the meanings of the Qur’an to non-Muslims for the purpose of enabling them to have knowledge of the message of Islam. None of them denied the fact that the style of the Qur’an is inimitable and that it is impossible to transfer this inimitable aspect into a translation, and thus none of them stated that a translation could serve as a substitute for the original. None denied the need to have access to the Arabic original.
However, we have observed differing attitudes towards the issue on two main grounds: first, on legal grounds, for the issue was one of controversy among Muslim scholars in the past and thus the old debate was retained in the new discourse and each side more or less adopted one of the old attitudes. The second is a historical ground that had different effects on the discussion. It is obvious that all the fatwas issued at a particular period were affected by certain historical elements, which represented external threats to the solidarity of the community.

We have looked at the phase of history when the Turkish government was endeavoring to severe all ties and relations with Muslim countries, and to isolate the Turkish people from the language of the Qur’an by providing a substitute for it, with which they would have no need of the Arabic Qur’an. As we have seen this threatened the solidarity of the Muslim nation, and that is why all the fatwas more or less stressed the fact that a translation cannot be described as the Qur’an. Thus in response to this threat, some scholars opposed the idea of translation in general, and permitted only a translation of a commentary on the Qur’an so as to preserve the composition of the Qur’an from corruption, and to ensure that the remaining bond of Islamic unity (i.e. the Qur’an) after the collapse of the Islamic caliphate would not be severed in favor of nationalistic goals. This attitude was represented in the positions of Muhammad Shakir, Mustafa Sabrî, and Hasanayn Makhluf, who by invoking the principle of sadd al-dhara’i‘ were keen to preserve Islamic unity and fight against those, who tried to divert the peoples from the Arabic Qur’an and the Arabic language.
 

On the other hand, we encounter the long history of the Orientalist-missionary polemics towards the Qur’an and their production of a distorted image of the Qur’an, the Prophet Muhammad and the religion of Islam in general in the Western world. Though the first group felt this danger, some of them did not think that the production of a true translation of the Qur’an could prevent this campaign. This was the opinion of Sheikh Makhluf. In his opinion, the best method of opposing this campaign was to inform them that what they produced was not the Qur’an, to convey to them the true message of the Qur’an and assure them that the Qur’an is untranslatable. However, the second group perceived a danger and tried to react in a more positive way by calling for the production of a faithful translation of the Qur’an as an attempt to correct the misconceptions spread in the West. The reaction to the Qadiani threat was more or less the same as that to the Orientalist-missionary approach by both sides.

 

4. Conclusion

No doubt, the peculiar circumstances of history which brought the Qur'an into contact with the English language have left their imprint on the non-Muslim as well as the Muslim bid to translate it. The results and achievements of their efforts leave a lot to be desired.

Unlike, for instance, major Muslim languages such as Persian, Turkish and Urdu, which have thoroughly exhausted indigenous linguistic and literary resources to meet the scholarly and emotional demands of the task, the prolific resources of the universal medium of English have not been fully employed in the service of the Qur'an.

The Muslim Scripture is yet to find a dignified and faithful expression in the English language that matches the majesty and grandeur of the original. The currents of history, however, seem to be in favour of such a development. Even English is acquiring a native Muslim character and it is only a matter of time before we have a worthy translation of the Qur'an in that tongue.

Till them, the Muslim student should judiciously make use of Pickthall, A. Yusuf Ali, Asad and Irving; Even Arberry's stylistic qualities must not be ignored. Ultimately, of course, the Muslim should try to discover the original and not allow himself to be lost in a maze of translations and interpretations.

From the aforementioned discussions we can reach two important conclusions. The first is that Muslim scholars did not stand aloof from their society, but were aware of its problems and tried their best to solve these problems and fight against the various threats endangering the solidarity and development of their societies. By dealing with the problem of the translation of the Qur’an, which serves here as an example, we can touch this aspect of the Muslim society very closely. The historical elements which surrounded the issue at particular moments of history emphasize this conclusion, for they reveal how Muslim scholars responded to the needs of society at these times. The second conclusion was the important role that the Arabic language has played in unifying the Muslim world, for it is not the language of Arabs but of all Muslims; it is the language of the Qur’an, of worship, and Islamic heritage.

From here I call upon all Muslims to pay more attention to the Arabic language in their educational curricula, and to establish institutions in the West to shoulder the task of teaching Muslims there the language of the Qur’an. In the meantime, I call upon Muslim scholars from all Muslim countries to convene an International Islamic committee including professionals both in Arabic as well as in the different foreign languages to examine the present translations of the Qur’an and revise whatever mistakes they find in them and hold regular revision sessions for these translations.

References

 

[1]This refers to those translations made by the Qadianis to proclaim their beliefs and to the initiative of the Turkish government, after the collapse of the caliphate, to produce a Turkish Qur’an as a substitute to the Arabic one in order to severe all ties with Arabs and Muslims.

[2]See: M. A. M. Abou Sheishaa, “The Translation of the Qur’an: A Study of A Fatwa by Rashid Rida” in Journal of the Society for Qur’anic Studies, no. 1, vol. 1, 2001, cf. M. A. M. Abou Sheishaa, The Translation of the Qur’an: A Study of a Fatwa by Rashid Rida and Other Relevant Fatwas and Issues, Unpublished paper submitted to the Seminar “Islam and the West: Their Mutual Relations as Reflected in Fatwa Literature”, Leiden, 2001.

[3]Sheikh Muhammad Shakir b. Ahmad b. ‘Abd al-Qadir was born in 1282/1866 in Jirja, a city in Upper Egypt. He studied at al-Azhar and in 1900 he was appointed as a chief justice in Sudan for four years. He was then appointed as Wakil of al-Azhar. He was a member of al-Azhar Corps of High Scholars and a member of the Legislative Society (al-Jam‘iyya al-Tashri‘iyya) in 1331/1913. He died in 1358/1939 in Cairo. Among his works are: al-Durus al-Awwaliyya fi al-‘Aqa’id al-Diniyya, al-Qawl al-Fasl fi Tarjamat al-Qur’an al-Karim, and al-Sira al-Nabawiyya. His son Sheikh Ahmad Muhammad Shakir wrote his biography in a treatise entitled Muhammad Shakir ‘Alam min A‘lam al-‘Asr. For further information see: Khayr al-Din al-Zirikli, Al-A‘lam, Dar al-‘Ilm lil-Malayin, Beirut, n.d., vol. 6, pp. 156-57; cf. Daghir, op.cit., vol. 2, p. 466.

[4]The first part of this article was translated by T. W. Arnold and published by the Moslem World under the title “On the translation of the Koran into Foreign Languages”. The Arabic original was inaccessible to me.

[5]Nur Ichwan, M., Response of the Reformist Muslims to Muhammad Ali’s Translation and Commentary of the Qur’an in Egypt and Indonesia: A study of Muhammad Rashid Rida’s Fatwa, Unpublished paper submitted to the Seminar “Islam and the West: Their Mutual Relation as Reflected in Fatwa Literature, Leiden, 1998, p. 22.

[6]Shakir, Muhammad, “On the Translation of the Koran into Foreign Languages”, trans. T. W. Arnold, in The Moslem World, vol. XVI, 1926, pp. 161-62.

[7]Ibidem.

[8]Ibidem, p. 163.

[9]Ibidem, p. 163-64.

[10]Ibidem, p. 164-65.

[11]Ibidem.

[12]Sheikh Hasanayn Makhluf was born on May 6, 1890 in Bab al-Futuh, Cairo. He learned the Qur’an by heart and joined al-Azhar as a student to learn different sciences at the hands of various Sheikhs. Sheikh Hasanayn Makhluf then joined the school of the Qada’ Shar‘i (Shar‘i Jurisdiction), which was affiliated to al-Azhar at that time. After finishing the program of study in this school which lasted for four years he applied for the examination to obtain al-‘Alimiyya Certificate and successfully obtained this in 1914. When he was 24 years old he taught in al-Azhar voluntarily. In June 1916 he was appointed qadi in the Shari‘a Court, reaching the position of President of Alexandria court at the end of 1941. He was then appointed Head Supervisor of the Shari‘a Courts at the Ministry of Justice. Later on he was deputized to teach in the Specialization section (qism al-Takhassus) of the school of Shar‘i Jurisdiction for three years, until he was appointed as a deputy of the High Shari‘a Court in 1944. In 1948 he was appointed a member of al-Azhar Corps of High Scholars, then a member of the Academy of Islamic Researches in 1961. He was one of the founding members of the Muslim World League. Sheikh Hasanayn Makhluf was appointed as chief Mufti of Egypt from 1946 to 1950. In 1952 he was reappointed as Mufti and remained in office until December 19, 1954. Afterwards he held the position of the head of al-Azhar Fatwa Committee for a lengthy period. He was awarded the King Faysal World Prize for his services to Islam. He died on 19 Ramadan 1410 /1990. Sheikh Hasanayn Makhluf wrote many books, for instance, Kalimat al-Qur’an: Tafsir wa Bayan; Risalat al-Tafsir wal-Mufassirun; Risala fi Ta‘alim al-Shari‘a al-Islamiyya, and Fatawa Shar‘iyya wa Buhuth Islamiyya. This biography is basically based on Mohsen Khalifa, “Ramadan Fasting in Northern Europe: A Study of the Fatwa of Sheikh Hasanyn Makhluf and other Relevant Fatwas and Issues”, Unpublished paper submitted to the Seminar “Islam and the West: Their mutual Relations as Reflected in Fatwa Literature”, 2000.

[13]Makhluf, Muhammad Hasanayn, Risala fi Hukm Tarjamat al-Qur’an al-Karim wa-Qira’atihi wa-Kitabatihi bi-ghayr al-Lughati al-‘Arabiyya, Matba‘at Matar, Cairo, 1343/1925, p. 2.

[14]Ibidem, pp. 7-9.

[15]Ibidem, pp. 9-10.

[16]Ibidem, p. 10.

[17]Ibidem, pp. 11-12.

[18]Ibidem, pp. 14-15.

[19]Ibidem, p. 25.

[20]Ibidem, pp. 20-21.

[21]Ibidem, p. 29.

[22]Ibidem, pp. 28-29.

[23]Sheikh al-Maraghi, whose full name was Muhammad b. Mustafa b. Muhammad b. ‘Abd al-Mun‘im al-Maraghi, was an Egyptian researcher and commentator who advocated reform and renovation. He was born in 1298/1881 in al-Maragha, a village in Upper Egypt, in the district of Jirja. He studied at al-Azhar in Cairo and was a disciple of Sheikh Muhammad ‘Abduh. He was appointed a qadi shar‘i (Shari‘a judge), then a chief justice in Sudan (1908-1919) where he learned English. In 1928 he was appointed Grand Sheikh of al-Azhar and remained one year in office. He was reappointed a Grand Sheikh in 1935 and remained in office until he died in 1364/1945. Among his writings are: Bahth fi tarjamat al-Qur’an al-Karim ila al-Lughat al-Ajnabiyya, Buhuth fi al-Tashri’ al-Islami, al-Durus al-Diniyya, Tafsir surat al-Hujurat, etc. For this biography I relied on Khayr al-Din al-Zirikli, op.cit., vol. 7, p. 103.

[24]Maraghi, Muhammad al-, Bahth fi Tarjamat al-Qur’an al-Karim wa-’Ahkamuha, Matba‘at al-Ragha’ib, Cairo, 355/1936, pp. 3-4; cf. Shatibi, al-Muwafaqat, ed. ‘Abdallah Diraz, vol. II, Dar al-Ma‘rifa, Beirut, n.d., pp. 66-68.

[25]Maraghi, op.cit., p. 5; cf. Shatibi, op.cit., p. 68.

[26]Maraghi, op.cit., p. 5.

[27]Zamakhshari, Al-Kashshaf, vol. 2, Matba‘at Mustafa al-Baabi al-Halabi wa-Awladuh, Cairo, n.d., pp. 366-67; cf. A. L. Tibawi, “Is the Qur’an Translatable?” in The Muslim World, vol. LII, 1962, p. 10.

[28]Ibn Hajar al-‘Asqalani, Fath al-Bari, ed. Muhammad Fu’ad ‘Abd al-Baqi & Muhibb al-Din al-Khatib, Dar al-Ma‘rifa, Beirut, 1379, vol. 9, p. 10; cf. Maraghi, op.cit., p. 33.

[29]I‘jaz literally means ‘rendering incapable’ and theologically it means the inimitability of the Qur’an. This is an Islamic doctrine, which, according to the Muslim viewpoint, proves the Qur’anic text’s divinity and sacredness as well as the authenticity of the unlettered Prophet, the recipient of the Qur’anic revelation (Muhammad Harun, “Al-Fatihah and its Translators” in Islamic Quarterly, vol. 40, 1996, p. 70).

[30]Maraghi, op.cit., p. 9.

[31]Ibidem, pp. 9-11.

[32]Ibidem, p. 10.

[33]Ibidem. p. 12.

[34]Ibidem. p. 31-32.

[35]Mahmud Shaltut was born on April 23, 1893 in the province of Buhayra. After learning the Qur’an by heart, he was enrolled in 1906 at the new religious Institute of Alexandria for his primary and secondary stages of education. In 1916 he graduated form al-Azhar with his ‘Alimiyya certificate. In 1919 he supported the independence movement led by Sa‘d Zaghlul and in the same year he was appointed to teach at the Alexandria Religious Institute. In 1937 he represented al-Azhar at an International conference on comparative law held at The Hague, The Netherlands. There he gave a lecture on the nature of Islamic law which was well received and which won recognition for the Shari‘a as a viable and independent source of law from the delegates. In 1941 he was admitted to Jama‘at Kibar al-‘Ulama’ and in 1946 he was chosen a member of Arabic Language Academy. His academic career went from strength to strength until he was appointed on October 21, 1958 Grand Sheikh of al-Azhar following the resignation of Sheikh ‘Abd al-Rahman Tajj. Shaltut was then 65 years old. Of course, Shaltut was a very popular choice for the position of Sheikh al-Azhar. He was described by several people as a gifted orator, having a powerful voice and a commanding presence. On 25 November 1963, at the age of 70, Shaltut was taken into hospital. There his condition worsened, he died of a heart attack in the evening of 13 December 1963. This biographical sketch is mainly based on Zebiri, Kate, Mahmud Shaltut and Islamic Modernsim, Clarendon Press, Oxford, 1993, pp. 11-15.

[36]Mahmud Shaltut, “Tarjamat al-Qur’an wa-Nusus al-‘Ulama’ fiha” in Majallat al-Azhar, vol. 7, 1355, pp. 123-34.

[37]Ibidem, p. 123.

[38]Ibidem, pp. 124-25.

[39]Ibidem, pp. 126-29.

[40]For further information see: Jacob Skovgaard-Petersen, Defining Islam for the Egyptian State, Brill, Leiden, New York & Köln, 1997, pp.133-141.

[41]Ibidem, pp. 130-31.

 

 

 

 

 

 

 

About the Author

MA in TRANSLATION, great translation theoretician,mazandaran province ghaemshar city,IRAN

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Early termination of probation in Dallas, Texas?

First time dwi conviction in late 2005. I completed my terms of probation almost immediately...80hrs comm. service, MADD/DWI classes, fines, alcohol/drug screening (passed), steady employment, I've reported to my PO every month w/payment, etc., etc. The entire process has been a struggle emotionally and physically; of course, I deserved it for the night I tried to drive home drunk. It's affected my employment eligibility despite my having no prior records, great skills, good manners, and a college education. I've learned a hard lesson the hard way...but I feel like 2yrs probation is a lot; especially considering probation is designed to make probationers fail. What I'm wondering is that in three more months, when I've completed half of my probation term, is there any way to get my probation terminated early for good behavior? And is this ever done through a PO instead of a lawyer? I'm in Texas & our laws are strict. Please no lectures...

A friend of mine from Texas had the same issues - whether or not things have changed since she was there (sounds like it hasn't) she had to complete the terms of her probation. You could certainly ask your PO about it, although you might still have to get a lawyer.

Probation isn't designed to make or break probationers. That choice falls upon them. Your PO is there for you to talk to if you feel like you're going to go out and drink drive again or other. Get involved with a support group (not that you have to, but because you want/need to) Keep a chin up, complete your terms and just do your best.

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Irs Crackdown On Classification

Independent Contractor or Employee?

The answer to this question is one that is being looked at very closely by both federal and state governmental agencies. If answered incorrectly by an employer, the door could be opened to serious consequences. Over the past year, various federal and state agencies have indicated they will begin to more seriously investigate employee classification issues - with emphasis on workers misclassified as independent contractors instead of employees. The Internal Revenue Service (IRS) began intensive audits of 6,000 randomly selected employers in February of this year. The key objective of the IRS audits is to determine whether employers are attempting to save on taxes and legal risks by incorrectly classifying workers as Independent Contractors and recover any lost revenue.

The U.S. Government Accountability Office (GAO) recently reported that employee misclassification "could be a significant problem with adverse consequences," as it reduces the amount of tax revenues that flow into federal and state governments. This is because Independent Contractors are not covered by most employment laws (as they are not considered "employees") and payroll taxes are not assessed against monies paid to them. The Federal government estimates that between 1996 and 2004 it lost an estimated $34.7 billion in tax revenue due to the misclassifications of Independent Contractors. In 1984, the IRS did a study and estimated about 15% of employers nationally misclassified a total of 3.4 million workers as Independent Contractors. A 2005 Bureau of Labor Statistics (BLS) report indicated approximately 10.3 million workers or 7.4% of the workforce were classified as Independent Contractors.

The IRS provides guidance on how to determine if a worker is truly an Independent Contractor and this standard is high. Please follow this link for IRS Guidance on the proper classification of workers. There are legitimate Independent Contractors currently working; however, there are a great many workers that are, in fact, misclassified employees. The penalties for this misclassification can be severe. It is important to note that even if a worker asks to be an Independent Contractor or agrees to this classification in writing, they are not an Independent Contractor unless they meet the criteria established by the IRS.

The Taxpayer Responsibility, Accountability, and Consistency Act of 2009 was introduced in Congress last year and it allows individuals classified as independent contractors to petition the IRS to determine their correct classification. As it stands today, an employer or a worker can ask for an IRS analysis utilizing IRS Form 88: Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. If passed, the current proposed legislation would expose employers with independent contractors to an increased chance of investigation and more severe monetary penalties. According to Mark Schoeff, Jr., the Department of Labor (DOL) is allocating $25 million (in their proposed budget for fiscal year 2011) in a joint initiative with the Department of the Treasury to specifically investigate and target employers that misclassify workers.

It is important to also note that many states have passed laws aimed directly at the misclassification issue. Currently, Illinois, Colorado, Maryland, Massachusetts, New Jersey and New Mexico have passed laws that target the construction industry, as it has been an industry rife with misclassification issues. An Illinois construction contractor received a fine of $328,500 in December 2009 for incorrectly classifying 18 workers as independent contractors instead of employees. Other states have enacted task forces specifically created to find instances of misclassification.

Experts agree that the best defense against misclassification is for companies to look beyond independent contractor work agreements, analyze the actual work that is being done by the worker, and perform continual rigorous internal evaluations of pay practices. As the old saying goes "If it walks like a duck, quacks like a duck, and looks like a duck, it must be a duck." If a worker classified as an independent contractor looks like an employee, works like an employee, and is under the same controls as an employee, the more likely they will be determined to be an employee. The more you treat a worker like an employee, the more they will be considered an employee, especially in this era of heightened scrutiny. Failure to classify workers correctly can be quite costly. In addition to assessment of payroll taxes and penalties, employers may face insurance considerations such as workers compensation premiums. The misclassification of workers also opens the door to private causes of action from workers such as back pay, overtime pay, lost benefits and liquidated damages.

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About the Author

Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC's elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC's consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC's comprehensive HR services at http://www.mmchr.com

Authors@Google: David Plouffe

What of Racial Profiling and its Application to Illegal Immigration?

The two thought-provoking words, racial and profiling, may be used together to convey a very sinister tone, especially to someone who has no real idea what racial profiling comprises and how it is used daily in law enforcement as a valid means of apprehending criminal suspects. The old, "let me see your papers, you don't look Aryan," anecdotal scenario, as applied to the fascist-Nazi motif, when the trench-coated Gestapo agent grabs the unwitting bearded suspect by the collar and carts him off to a dungeon where the person is tortured for information, is not the correct application of racial profiling in American law enforcement. Instead, imagine an elderly woman mugged on a street corner in downtown San Diego, California during the late afternoon. A police officer arrives on the scene after the mugger flees with the woman's purse, and asks the bruised and bleeding woman a series of very important questions.

"Who mugged you, ma'am?
"A man," she replies."
"Would you describe the man?"
"He was a big man," she says.

The police officer now asks the question that will really define the search for the mugger and create a racial profile needed in apprehending the mugger.

"Was the man white, black, Hispanic, Oriental, or Middle-Eastern?"
She replies, "Oh, he was a big tall black man, probably in his late forties, with half of an ear missing. He also had a thick black beard, a mustache, and a hand-gun."

Now, grant you, most victims of muggings are not as descriptively glib and as emotionally responsive as this particular example of an elderly woman, beaten and robbed, conveys, but let's assume that it happens as stated. The police officer writes his report and gets on his radio and puts out a call for all officers in that particular vicinity of San Diego to be on the lookout for an armed, bearded, mustached black man in his late forties, with half-an-ear missing. So, who, then, will the responding police officers be considering as suspects, white men, Hispanic men, Middle-Eastern men, or Orientals? None of these will be considered as suspects. Law enforcement will only be looking for black men according to the victim's description. A black man has been racially profiled in a basic fashion in this fundamental example of how police (local, county, state, and federal) approach the apprehension of any, and all, suspects.

In a racially and ethnically diverse nation, as is the United States, racial profiling is ultimately necessary in the practice of law enforcement when attempting to apprehend and arrest criminal perpetrators, who are members of particular racial or ethnic classes. Determination of skin color is actually only the beginning in the process of profiling. The suspect's age, height, color of hair, eye color, build, distinguishing marks, ethnically or racially distinguishing behaviors, characteristic clothing, and, even, type of shoes are descriptive factors in addition to skin color, and are merely the physical profiling details delineating parts of a composite profile of a perpetrator. The psychological and behavioral attributes of the perpetrators, when known, must be added to the physical details in order to complete the composite profile. Ultimately, not knowing the race, or skin color, of the perpetrator would yield an incomplete profile and make a successful apprehension of the suspect almost impossible.

In Ireland, for instance, where less than 8 percent of the population is black, racial profiling would be even more delineated, and pronounced, by law enforcement, if the suspect were described as a large black male with half an ear missing. Since there are so few black people in Ireland, and many more people of Middle-Eastern origin, racial profiling there hardly result in indignant cries of racial discrimination from the black community. In most cases, the greater the concentration of a minority population, the greater the chances of indiscriminate and unfair accusations of racial discrimination by that minority when law enforcement uses all available tools. Yet, the process of racial profiling remains ultimately necessary.

Now let's proceed to the issue of enforcement of immigration laws and apply the factors necessary in profiling in order to derive a determination of "who reasonably fits the description of a Hispanic illegal alien." First and, foremost, illegal immigration is a federal, and state, crime, as much as shoplifting is a crime, and Hispanic men, women, and adolescent children who violate the law should be apprehended and arrested. Those U.S. citizens who don't agree with this basic premise are, in effect, advocating anarchy, and comprise a dangerous human microcosm of whim and arbitrariness within a nation of laws. Police officers who attempt to determine who, out of a population of millions of Hispanics, could reasonably be considered an illegal alien suspect, fully realize that a brown skin, or a dark complexion, is, but, one of the characteristics belonging to an Hispanic illegal alien.

So, if, perchance, a person with a brown complexion, and the other innate facial characteristics belonging to a Hispanic racial model, is speeding in a car down an Arizona highway, a police officer knows that that particular individual "might" be an illegal alien, just like the officer realizes that the individual might be a car thief, or an inebriated driver. The racial profiling by law enforcement has, therefore, already begun. When the officer stops the car and approaches it from the rear, he might notice bumper stickers on the automobile advertising a local college or a major university, or parking permits at a hospital or another professional setting. As he will near the driver, after stopping the car, the officer will probably ask him, or her, for a driver's license, car registration, and proof of insurance. If the diver is Hispanic and replies in fluent English, "Sure officer, here they are," and hands them through the window to the policeman, the peace officer might continue the conversation by asking if the driver is a student at the college or university displayed on the car. If the driver has nothing to hide, he, or she, will usually respond, either, yes or no in a friendly fashion to the question, which will show that the suspect is almost certainly an American citizen of Hispanic extraction. After perusing the driver's license, proof of insurance, and registration, the officer will go back to the police car and call the suspects name and license number into the National Crime Identification Center database, where a search for outstanding warrants will be made. Then the officer will call the car's tag number into another database for identification to see if it might be stolen. If everything checks out to be proper, the officer will return the driver's documents, with the speeding citation, to him, or her, and finally explain to the driver the appearance that he, or she, has to make at court if the citation is challenged, or the proper way to pay the imposed fine for speeding. This is what ordinarily happens during most traffic stops.

Now, let's look at the scenario a bit differently. During the traffic stop, the police officer notices, from a distance, that the driver is a Hispanic male, probably in his late 20s. As he walks toward the car, a late model BMW, he sees a bumper sticker saying, Arizona State University Alumnus. Then he approaches the driver and says, "Good evening," but the driver only smiles and shrugs his shoulders. He also notices that the driver is dressed in dirty kakis and is perspiring heavily. There is also a strong smell of beer, or some other type of alcoholic beverage, coming from the car. He then asks for the driver's license, registration, and proof of insurance, to which the Hispanic driver only shrugs, grins, and says "No hable." Then the officer, with his hand on his unsnapped weapon, reaches slowly into the car, through the driver's window, and takes the keys from the car's ignition. He then firmly tells the driver, using hand gestures, to stay in the car, to which the driver, again, only grins and shrugs. The officer then proceeds to call in the car's tag number to discover that the automobile, owned by a teacher, was stolen a day earlier from a parking lot in downtown Phoenix. According to police protocol, the officer calls for backup, that is, another police unit to assist him in what has now become a felony stop. The Hispanic suspect is subsequently arrested for two felonies (car theft and a loaded handgun found in the car's glove compartment during a search of the vehicle), and four misdemeanors (speeding, driving without a license, driving under the influence of alcohol, and having open containers of alcohol in an automobile) and it is, finally, determined that the Hispanic suspect is an illegal alien with no documentation on his person. Has racial profiling occurred in this scenario? No, it hasn't. So, let's change things a bit.

Suppose a call has gone out for all Arizona peace officers to be looking for a late model Mercedes, owned by an Arizona State University professor, which was stolen from a downtown Phoenix parking lot a few hours earlier. A reliable witness, a Hispanic waitress at a restaurant across from the parking lot, said that, on a break, she saw a short Hispanic male, late 20s, in dirty kakis, break into the particular car in the parking lot and drive away at a fast speed. On exiting the parking lot, the car and driver passed so closely by the witness that she was able to see a prominent tattoo on the left side of the man's face. So, the call goes out for such a suspect. Has racial profiling occurred? Yes. A detailed physical description of the Hispanic perpetrator was provided for law enforcement by a reliable witness. Such a description is the only means of searching for the thief in a large population of Hispanic males. Will the police be looking for white, black, or Oriental males? No, they won't. It will be confined to only a population of Hispanic men between the ages of 20 and 30, dressed in dirty kakis, with tattoos on the left side of their faces. How many Hispanic aliens in Arizona, illegal or not, might fit this description, hundreds, thousands?

If the perpetrator depicted above is eventually apprehended and arrested, there is a very high probability that he will turn out to be an illegal alien, which will add another misdemeanor, a state and federal misdemeanor, to the charges against him. But does the mere unfolding of routine events in law enforcement make the typical Arizona policeman racist? Do they hate the perpetrator because he has the brown skin of a person of Hispanic origin? No, they don't. Every Arizona peace office has taken an oath to uphold, protect, and defend the U.S. Constitution and the Constitution of the State of Arizona, and to faithfully enforce all criminal and civil laws legislated by the State of Arizona. This simply means that discovering that a Hispanic suspect is an illegal alien during an investigation and/or arrest for the commission of another crime is merely the correct enforcement of the law. Yet, there is much more to correct and prudent law enforcement to consider than meets the eye.

The true essence of the 4th Amendment, that is, probable cause, supported by oath or affirmation, found by the Framers, as the best, and only, reason for depriving a citizen of his, or her, fundamental God-given right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, was changed, without constitutional amendment by eight justices of the U.S. Supreme Court in the decision Terry v. Ohio 392 U.S. 1 (1968) to reasonable suspicion. Terry v. Ohio (1968), the will of the Earl Warren Court, essentially threw out "probable cause" from the 4th Amendment and made it much easier for all police officers to deprive a citizen of a basic constitutional right that the writers of the U.S. Constitution saw as sacrosanct.

From what we know about the almost unanimous 1968 decision, Chief Justice Earl Warren carefully courted the vote of each of the justices, just as he had done in Brown v. the Board of Education (1954), in order to produce a, hopefully, unanimous vote. To change the letter of the U.S. Constitution, without amendment, the Court had to show unanimity, because the decision, in and of itself, was basically illegal, if it had been subsequently challenged by the U.S. Congress. The only vote Warren was unable to acquire in 1968 was that of the Justice William O. Douglas, who vehemently wrote in his dissenting opinion, "To give the police greater power than a magistrate is to take a long step down the totalitarian path. Perhaps such a step is desirable to cope with modern forms of lawlessness. But if it is taken, it should be the deliberate choice of the people through a constitutional amendment." (392 U.S. 1, at 38). A few days after the decision was rended, Justice Douglas supposedly quipped to a reporter off-the-cuff that "if the Court can arbitrarily change the 4th Amendment, to read as it wants it to read, what is next, changing the word "respecting" to "denying" in the 1st Amendment?" What amazes me is the immediate, or latent, lack of opposition to the decision by the American people, when a section of the Bill of Rights was altered by the collective whim of eight of the Brethren, instead of by decree of the American electorate through the amendment process.

Hence, police officers have the opportunity to arrest quite a few more criminal suspects without showing probable cause for the arrests. The Terry stop, as police officers routinely call such a routine deprivation of personal liberty, can be made by local, state, and federal enforcers for almost any reason, and all the sworn officers need to do is to write arrest reports, true or otherwise, reflecting that they had "reasonable suspicion' to support a belief that the suspects had committed crimes, were planning to commit crimes, or were in the process of committing crimes in order to support the Terry stops. If Terry stops are actually unfounded and heinous illegal deprivations of personal liberty, the poor victims of fascist police tactics have the duty of proving such facts in court, and, of course, we know that police officers "never" lie under oath, or otherwise.

Having been a police officer, I felt, during the time I wore a badge, the immense obligation and burden of correctly and prudently enforcing the law, and, in doing so, not depriving citizens of their basic inalienable rights under the law. And during my time spent with the San Diego County Sheriff's Department, I witnessed more than a few instances of deliberate abuse of, then, Sheriff John Duffy's voters under the color of police authority by numerous rogue and violent deputies and watch commanders, who, when officially questioned about their abuses, were supported by the lies of other, less violent deputies and Sheriff's Department officials who didn't want the insidious title of "rat" attached to them. Though there are many good honorable cops currently in local, county, state, and federal law enforcement agencies, I am sadly afraid, nevertheless, that way too many men and women, under the age of 30, who are overly aggressive, under-educated, and have backgrounds and personalities that will, later-on, conflict, with their prudent enforcement of the law, are currently being hired by these agencies. The type of law enforcement practiced by the thousands of police agencies around the nation is a direct reflection of the basic type of individuals they hire to enforce the law. Many of the same young naturally violent men, and women, who were actively recruited by the U.S. Military to bear arms during Desert Storm, in the 1990s, and during the post-9/11 invasions of Iraq and Afghanistan, are today wearing the uniforms of law enforcement, most of them federal. Many of these returning Vets, who found killing excitingly palatable in Iraq and Afghanistan, are sadly, today, the regular perpetrators of ritual abuse of citizens, and non-citizens, while as sworn peace officers. As the old saying goes, violence breeds continued violence, and the violent abuse under color of authority, committed against suspects by those wearing badges, implicitly conveys to an unwitting public a contradiction of the basic police purpose, to protect and serve.

Let's take a look at another scenario, where the correct enforcement of Arizona's illegal immigration law will really matter. Suppose that there is a 7-Eleven store in Mesa, Arizona where, perhaps, fifty Hispanic males gather every morning to be offered work by Arizona contractors, builders, etc. The normal, traditional process is for a potential employer to pull-up to the 7-Eleven in a pick-up, or with a trailer, and shout out the number of workers he, or she, will need for the day. In response to the offer, the requisite number of workers will then jump onto the trailer, or into the pick-up, and the employer will drive quickly away. Consequently, Mesa police officers realize that, of the fifty-or-more Hispanics gathered at the 7-Eleven, a high percentage of them are illegal aliens. In fact, most of the sworn officers of the Mesa Police Department are probably unable, at first sight, to detect the differences between persons of Hispanic descent and those of Middle-Eastern descent. Both have brown, or dark brown, complexions, and both are equally capable of committing crimes. Racial profiling is pretty-much necessary in order to properly distinguish between people of the two racial groups. Police attention is, therefore, immediately drawn to large gatherings of individuals, of any racial or ethnic grouping, in order to determine the legitimate reasons for the gatherings.

Hence, two police officers pull-up to the 7-Eleven in their vehicles, and immediately see ten-or-more of the individuals begin running away from the scene. The officers, using their authority under Terry v. Ohio (1968), reasonably suspect that these men running away are in the commission of a crime, are planning a crime, or have committed a crime. So, they begin a pursuit of the suspects and apprehend three of them, while the others escape immediate scrutiny. One of the three men attempts to resist arrest, and fights the police officers while brandishing a stiletto knife, and is hit about the head and shoulders, and subdued, by one of the officers with a baton. The three men are subsequently handcuffed and placed into the police vehicles for transport to a holding jail. Other officers are called as backup to the 7-Eleven, and of the forty remaining brown skinned individuals, thirty of them are found to be illegal Hispanic aliens, having no documentation showing a legal right to be in the country and unable to speak coherent English. The Hispanic male who pulled the knife during the foot pursuit is, later, found to be the perpetrator of five unsolved residential burglaries that have occurred in the Mesa area. Now, is this an example of racial profiling? Yes it is, but a very legitimate use of the process. As for the safety of the legal residents of the City of Mesa, the investigation of the large gathering of brown-skinned males at the 7-Eleven, made by the police officers, resulted in the arrest of an illegal alien burglar. This made the city much more safe. When apprehension of a criminal suspect is necessary for the sake of public safety, any facet of description that will make it easier for law enforcement to make a valid arrest, especially in cases of serial murder and serial rape, will be found useful.

In summation, racial profiling is very necessary in a multi-racial, multi-ethnic society for law enforcement to properly do its job. It is so important that the FBI and state investigative agencies have established separate behavioral science/profiling departments and training centers. The FBI Academy, at Quantico, Virginia, has trained numerous state and federal profilers to investigate crimes in order to establish credible racial, ethnic, behavioral, forensic, and psychological/behavioral descriptions of suspected perpetrators so that their apprehension will be made easier for law enforcement. Behaviors typically associated with ethnic/racial custom, such as the almost ritual practice of black men touching fists instead of shaking hands, or the various Muslim behavioral rituals, are discreetly analyzed today in profiling when seeking perpetrators of crimes. This is hardly comparable to the untenable accusation made by racists against white police officers of stereotypically stopping black people in late model cars for simply having a black skin, or driving while black (DWB). If Barack Obama, or, for that matter, his Attorney General, Eric Holder, knew anything at all about law enforcement, the President of the United States would not be criticizing Arizona Governor Jan Brewer for signing into law legislation that will allow Arizona peace officers to investigate, apprehend, and arrest those Hispanics in Arizona who fit the description of illegal aliens. Politics and law enforcement have never really blended well. The tragedies of 9/11 and the 9/11 Commission debacle bear this out quite well. It's sort of like the case of former San Diego mayor, Roger Hedgecock, and his arrest by a San Diego peace office for driving under the influence of alcohol. The arresting officer, for some reason, didn't know what he should do with the offending inebriated Mayor of San Diego. So, he called his watch commander who ordered him to take the mayor home and put him to bed, and not to jail. Well, this action placed Roger Hedgecock well above the law, and when the people of San Diego found out what had happened, Hedgecock suddenly had to kiss his meteoric political future goodbye.

Of course, U.S. District Court Judge Susan Illston has established a significant 2004 precedent in favor of a standing U.S. President by dismissing a lawsuit brought by a San Francisco attorney Stanley R. Hilton, on behalf of over 160 9/11 victims' families against George W. Bush and several of his administration, citing "sovereign immunity" as the basis for the dismissal. Sovereign immunity basically means that a standing U.S. President can commit murder while in office and will not have to stand trial for the crime in a federal court. A political, not judicial, process called impeachment is, supposedly, the only way a President can be tried and brought to justice for his crimes, that is, before the U.S. Senate, with the U.S. Supreme Court Chief Justice presiding. But first, there has to be enough political votes in the House of Representatives to indict a standing President. As opposed to a traditional country grand jury, comprised of ordinary citizens, each representative in the House of Representatives has something to politically gain, or lose, by voting yes, or no, to impeachment. Impeachment, therefore, is a thoroughly political process, not one wrought through the channels of criminal justice. The U.S. Constitution does not explicitly say that a President, and his henchmen, cannot be tried civilly in the federal court system for egregious intentional torts, but it doesn't explicitly say one can. Perhaps this is the reason that Mr. Obama is doing whatever he pleases with no fear of reprisal; and it was the same way with Dubya, Slick Willy & Hillary Clinton, and the duplicitous political actor Ronny Ray Gun.

Racial profiling can be portrayed by sensationally ridiculous political figures, such as Al Sharpton and people like him, as something heinous and reprehensible; but if the good Reverend Sharpton is ever mugged and robbed in a multi-racial/ethnic neighborhood by a large Hispanic man, and the police refuse to accept and broadcast a description of the man's race, even if Sharpton keeps on whining, insisting that a big "brown" man hit him and took his money, the evening television news will end up saying, "Search underway for big man who mugged Rev. Al Sharpton, race and skin color of the man not a consideration in the manhunt."

Norton R. Nowlin took M.A. and B.A. degrees in the social and behavioral sciences from the University of Texas at Tyler, studied law for one full year at Thomas Jefferson School of Law, in San Diego, California, was a sworn San Diego County, California, Deputy Sheriff, and earned an ABA-approved advanced paralegal certification from Edmonds Community College, in Lynnwood, Washington. Mr. Nowlin has attended LaJolla, California's National University and Malibu's Pepperdine University to attain graduate credits in business management and economics. Mr. Nowlin also attained a Texas State Teaching Certification, in social studies and psychology, from the University of Texas at Tyler. A paralegal, published essayist, poet, and free-lance fiction writer, Mr. Nowlin resides in Northern Virginia with his wife, the renown math tutor, Diane C. Nowlin, and their two very intelligent cats.

About the Author

Norton R. Nowlin took M.A. and B.A. degrees in the social and behavioral sciences from the University of Texas at Tyler, studied law for one full year at Thomas Jefferson School of Law, in San Diego, California, was a sworn San Diego County, California, Deputy Sheriff, and earned an ABA-approved advanced paralegal certification from Edmonds Community College, in Lynnwood, Washington. Mr. Nowlin has attended LaJolla, California's National University and Malibu's Pepperdine University to attain graduate credits in business management and economics. Mr. Nowlin also attained a Texas State Teaching Certification, in social studies and psychology, from the University of Texas at Tyler. A paralegal, published essayist, poet, and free-lance fiction writer, Mr. Nowlin resides in Northern Virginia with his wife, the renown math tutor, Diane C. Nowlin, and their two very intelligent cats.

JOB FAIR: FACE TO FACE by Emil West

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Health Care Fraud in Texas - Texas Health Care Fraud Lawyer

Health Care Fraud in Texas - Texas Health Care Fraud Lawyer, Tonda Curry

While the government is losing billions on healthcare fraud each year, these financial losses are only a part of the picture. The other victims of healthcare fraud are consumers who often have no idea they have been caught up in a lucrative scheme that can wreak havoc in their lives for years.

Health care fraud in Texas can affect unwitting patients in many ways including:

1. False patient diagnoses, treatment, and medical histories
As part of making false insurance claims, criminals will enter false diagnoses including more severe conditions than a patient actually has. These false diagnoses become part of the medical history of the patient and part of the permanent record of the patient that may affect future coverage or payments for procedures.

2. Theft of health insurance benefits
Private health insurance often has a lifetime cap or other limits on benefits. False claims count toward those caps and limits and may result in a denial of future benefits due to the amounts being claimed exhausting benefits.

3. Medical identity theft
The growing crime of medical identity theft can result in incorrect information added to the medical record of a patient or to the creation of an entirely fictitious medical record in the name of a patient. This can cause the patient to receive the wrong medical treatment. A victim may find that health insurance benefits have been exhausted or that he is uninsurable for both life and health insurance coverage. The victim may be rejected for employment based on the incorrect history and diseases that he never had.

4. Physical risk to a patient
Patients who are subjected to unnecessary and dangerous procedures may be injured or can die. Instances of unnecessary heart catheterizations and angioplasties as part of fraud schemes have been prosecuted.

Further health, safety and healtchare information: click here

Seeking health care fraud lawyers in Texas?
Contact the Texas health care fraud lawyers at Tonda Curry & Associates if you have questions about Texas health care fraud and abuse today. Our health care fraud attorneys in Texas provide defense for all types of health care fraud in Texas. A health care fraud lawyer in Texas at Tonda Curry & Associates will guide you through the process and may be able to make a difference in the outcome of your case. Let our health care fraud lawyers in Texas intercede on your behalf.

About the Author

Tyler criminal defense attorney, Tonda L. Curry is skilled in the following areas of law: criminal law; appeals; criminal defense; possession, distribution, manufacturing, trafficking violation in Tyler, TX. Ms. Curry's education: J.D., Texas Tech University, 1988 & B.A., Bob Jones University.

Haleigh's relative re-arrested

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Walking Back to Nature- Inland Water Transportaton - Solution to Modern Day Transportation by Oladokun Sulaiman - Oladok12@yahoo.com

 Inland Waterway Hybrid Sustainable Transportation – A solution to Modern Day Transportation Problem

 

 

 

  

1.0  Introduction

 

In today’s transportation congestion and air pollution problem on shore infrastructure is causing more moderate concern and increasingly damaging growth in the size of the problem cal for need for formulation of policy for air- road to sea integration. By placing focus on waterborne transport, and integrating to road and air issue place a higher demand multimodal transport which in turn give leverage for need to put focus on a number of shortcomings related to the use of ships for community and freight transport in conjunction with other mode of transportation. To aid the implementation of policy for the use of inland water transportation, high number of community research and technical development actions, relevant to waterborne transport is require. Some of which could include concerted action on short sea shipping, designed to identify some of the structural or generic problems in the use of ships for relatively short-haul transport and other that target environmental impacts as well as issue of safe and efficient increase of reliability intermodal transportation. Furthermore, hybrid use of transportation will require the intelligent transportation system that incorporates use of advanced Integrated Ship Control Systems, AIS and extensive use of information technology needed to provide a solution to modern transportation problem.

 

Inland water transportation either in moving people and freight in a sustainable manner is increasingly becoming important, will be one of the biggest challenges for the 21st Century, an age where environmental pressure is calling for sensitive reactions, adoption of new proactive innovative behavior to relate factors associated with design, construction and operations and utilize them to deal with inherent needs response. Action associated with human life mitigation has always been part of concern of decision making, but to a less extent. In a world where warning of nature regarding need of awareness and sensitivity as well facts to how substantial nature is to the support of life and how much damage reckless human activities has cause imbalance in our planet. A situation that is vividly threatening our plant today and striping hope for our future generation survival in this planet, A situation that is equally calling for all of us to adopt new philosophy of doing things, and giving insight in inevitable return to nature earlier ways of doing things – from use of sun, water and clean energy store in earth crust to use of inland water transportation. Past engineer work on inland have been dominated with reactive, and today s world has reach a toll where by there is no chance to wait for accidents whose consequence is environmental degradation at its point form or instantaneous calamity. [1]. 

 

There is a surmountable barrier to achieving a sustainable multimodal inland water transportation where environmental impacts and risk will be mitigated and integrative components of water recourses will be utilized. However, incorporating holistic systems framework and system engineering tools back with analysis and identification leading to alternative path to short and long term solutions to the problem can facilitate achieving quality management of the evolving new philosophy of sustainability [2]. Such alternative solutions after discounting environmental concern could accommodate increasing inland waterway integration for shipping cargo containers including lock development, intermodal, information technology solution, provision of incentives to alleviate congestion during seasonal congestion hybrid of transportation mode based on best option selection [3]. Sustainable Inland water system contains physical elements that include waterways, ports, and intermodal network of railroads, roadways, and pipelines, that connect the waterborne portions of the system as required. The physical elements also include the vessels and vehicles that move goods and people within the system. The physical network is supported by a series of systems that facilitate the movement of goods and people, and provide access for recreation and to natural resources. Also associated with development of inland water transportation is dredging work to meet size of vessels, maintenance dredging and containment technologies for dredge material disposal or reuse of dredged material may be a feasible alternative that provides an economic benefit. 

 

2.0 Inland Water Transportation System (IWTS)

 

Civilization has ground up along rivers, lakes, ocean, the great rivers of the world, like Amazon, Mississippi, Ganges Rhine Danube Niger, and Nile influences the lives of millions, not only their very existence but also their political, art, and science. People are inherently drawn to water, this make use of water resources an important part of human development. Properly managed river basin can augment food water supplies, improve transportation, provide energy and develop industry. Development of water resources also carry the good beneficial reward to reciprocal development of waterfront areas that provide multiuse activities; improve social interaction and a sense of community. Hybrid concept requires facilities to be strategically placed in close proximity to other modal transportation system. The design need to pay attention to historic, current and future development patterns.

 

Inland navigation offers important opportunities to move cargos on river, estuarine and associated tributary in an energy-efficient manner, reduced cost of good transportation per tone - kilometer compare to other mode of transportation in. It remain one of the best option available to mitigating problem associated with global warming, climate change, noise pollution as well as congestion. Capacity building, environmentally and socially friendly, taking advantage of nonstructural measures (such as fleet innovation) [3] as well as infrastructure investments, and multimodal corridor incorporation become increasingly a matter of dire need today [4]. 

 

Inland water transportation has substantially shaped the growth and development of nations in Europe and North America, however, previous work on transportation are much more based on proactive method, Recent study made by European Union indicated potential for augmentation of percentage of shipping in total transport volume in the Danube region, this lead to agreement  for  inland navigation improvement in an    integrated manner by the ten Danube riparian states there is indication that climate change  will have will bring potential development of  on the further development of IWT and this make navigation management, planning and development of IWT to take  the issue of climate change and ozone depletion into account.[5]

 

The important of transportation and utilizing full advantage of new and emerging transportation technologies remain engine of tomorrow's growth and prosperities as well as supports for safety, security, conservation of energy and environmental quality. Since, Inland transportation cannot stand alone and its efficiency, strength can only be maximized through integrative intermodalism and diversity, this provide opportunity for cooperative climate for intermodal systems, cooperative climate requires the coordination of more than one mode of transportation. With each mode having its own system-specific advantages: motor carriers have the ability to provide door-to-door service; water carriers that can handle bulk commodities safely at very low cost; and rails that can transport a broad range of commodities over long distances. Retaining sustainability principle that public good is best served by the most efficient use of transport resources, regardless of mode, and implementing the new philosophy of its sustainability equally requires `incorporation of use of water resources for other use as required by the environment [6].

 

Couple with this, recent issue of today especially from environmental domain called for need to adopt new sustainability philosophy, a healthy and responsive transportation system. And method that can yield vitality and growth, and the productivity of commerce, the nation needs [8]. Focusing on efficiency and complementation rather than competition between different transportation systems is a key economic growth, sustainability and productivity of a nation. Efficient freight transportation systems play a positive role both in the economic life of industrialized countries and the daily lives of their citizens. These countries realize the importance of the relationship between good systems, services and their economy. However, while these transportation systems are essential to a modern society, and there are substantial economic benefits to be realized from them, there are also significant negative environmental impacts, including preemption of land, disruption of topography, use of energy and other resources, and noise and air pollution [7].

 

In making choice of transportation modes, consideration should be given to the mode that does not contribute to unnecessary increases in fuel use, exhaust emissions, accidents, spill incidents, and congestion. It seems that not a day goes by without some new evidence of the increasing pollution of our environment and its consequences. There are indications everywhere those environmental rights (breathable air, drinkable water, fertile soil), which have been regarded as inexhaustible or renewable, are becoming scarce [8].

 

Today, with much more environmental awareness and a greater understanding of the consequences of pollution, both government and society are much less tolerant of pollution. On a global scale, pollution is a growing threat to both human health and the environment. Commercial freight transportation, with its almost total dependence on petroleum-based fuels, contributes significantly to pollution levels. Therefore, each form of transportation, as a major energy user, needs to be evaluated both as to the scarceness and future availability of the energy resources that it uses and to its impact on the environment. With each transport mode having its own specific energy-use and environmental characteristics, decisions on transport issues, whether short or long term, have inevitable impacts on the environment, which should be clearly weighed before a final decision is made[9].

 

Both the environment and the quality of life are receiving greater attention, resulting in a growing demand for not only an environmentally sound transportation system, but also for policies where environmental goals are given greater weight in transportation decisions. The result of this concern over the impact of transportation systems on the environment is reflected in how those systems are now being planned for the future. Transportation designers and environmentalists, both of whom recognize the interdependence between transportation systems and the environment, are increasingly concerned about maintaining an appropriate balance between the two. Likewise environmental laws are all over at the verge of established a legal framework aimed at keeping transportation decisions consistent with that goal [10].

 

3.0 Threat and Challenge of Green House Gas, and Impact on Trio of Global Warming, Ozone Depletion, Impact on Climate Change

 

 

Recent time has seen environmental calamity and abnormal environmental behavior which today the consensus of scientist have agreed to be linked to human activities. The world of man is madE up of the biosphere and the techno sphere, human inherited the earlier and it give all support needed for human to live, however, we neglect to know and even take care of it and we created the later whose buy product are claimed to be responsible for effect of ozone depletion that limit sunlight reaching our planet and consequentially warm up our planet and cause other chain reaction that leads to environmental revolt.

 

 

The impact on coastal resources can be classified into four broad categories. The first is tidal inundation, where about 1200 km2 in Peninsular Malaysia alone will be submerged subsequent to bund failure, and mangroves will be lost if sea level rises at a rate of 0.9 cm/year. The second is shoreline erosion, which will account for another few hundred metres of shoreline retreat. The third is increased wave action, which can affect the structural integrity of coastal facilities and installations such as power plants. The last is saline intrusion, which can pose a potential threat of water contamination at water abstraction points. Examples of other impacts include submergence of corals, coral bleaching due to increasing levels of CO2 in the water, and depletion of fisheries resources due to loss of mangrove habitats.

 

 

Water management follows three stages:

1-unregulated river water become supply – oriented , it remain so as long as water is abundant and the demand can be satisfied without modifying hydrological regime.

2-Scarcity of water-with increase pressure of demand for water and water related services, water management become resources oriented and the basis for multipurpose development.

3-Regulated natural regime-as Limit of acceptable stream flow regulation and development are reached, marginal cost of water supply radically increases, and here development management becomes important [1].

 

The first case apply to Terengganu, the first case apply, and  significant, sustainable balancing of economic, environmental development, community involvement maximize benefits of the planning and implementation strategy that could result to  dramatically improved public access, provision of new open spaces, improved quality of life, strengthened city and image and community pride.

 

5.0 Environmental Risk of IWTS

 

The environmental impacts of water transportation vary from river to river and project to project, but in many cases, the environment is not noticeably affected by waterway freight transport. Where it does have a negative impact, the effect is usually minimal. Because of the concern over the impacts that the different transportation modes have on the environment, there has been a more concerted effort to identify those impacts. Recent time have studies that are similar in nature analyzed the types and levels of impacts of a modal shift on the environment; viz. what happens if cargo movements are shifted from one mode to another. What would be the increases in fuel usage, Issues related exhaust emissions, probable accidents, traffic congestion, etc. All three studies compared the same cargoes shipped by different modes, and concluded that, ton for ton, produce vessels have fewer accidents, consume less energy, fewer harmful emissions, society in general and are less disruptive. These studies findings show that transporting of bulk commodities by water are environmentally compatible, provides a means to sustainable development, and that the use of this environmentally-friendly mode should be encouraged. [13].

 

Wide variety of human activities can affect the coastal and marine environment. Population pressure, increasing demands for space, competition over resources, and poor economic performances can all undermine the sustainable use of our oceans and coastal areas. The most serious problems affecting the quality and use of these ecosystems surrounding coastal water encompass release to:

 

 

1.       Water – pollution release directly or washed downed through ground water

2.       Air- air pollution, noise population, vibration

3.       Soil- dredge disposal and    contaminated sediments

4.       Flood risk - biochemical reaction of pollution elements with water.

5.       Collision – operational

6.       Biodiversification - endangered and threatened species, habitat

 

Risk management should involve alternative risk reduction measures and the implementation of those that appear cost effective .where Zero discharge = zero risk, but the challenge is to bring the risk to be at acceptable level and at the same time, derive the max Benefit. Simulate extreme condition and model – using combination mathematical modeling and stochastic techniques while considering all factors in holistic manner.

 

Uncertainty is part of risk, but it’s and abstract nature and limitation of knowledge of unseen in real world settings make it s quantification a complex work. associated with uncertainty are normally reflect issue of  influences on recovery process, Test of new advancements, Influence on policy, Address system changes over time, services & resources. The “sources” of a “lack of certainty” can be several. Moreover, the methods of measurement may be uncertain, or the models used inaccurate. Furthermore, uncertainty can arise from profound misunderstandings of the phenomena that are observed or are attempted to be assessed, perhaps because there is no adequate theoretical knowledge yet.

 

6.0 Environmental Benefits of IWTS

 

The commodities on which our lives and livelihood depend have to be transported by one mode or another however; the aadvantage of using Inland water transportation system over other mode of transportation has been described by various comparative studies. Advantage range from issues of concerned in of human modern world. As highlighted above there are inherent risks in shipping by barge, but yet statistics, water transport is the safest and most regulated form of transportation and has fewer accidental spills or collisions than any other mode. This excellent record is directly attributable to both exacting operational safeguards imposed by the carriers themselves as well as strict federally-mandated inspection standards. There is little public awareness of the water transport industry outside the river communities that it serves. This can be attributed primarily to the non-intrusive nature of the industry's operations and its impressive safety record. One of the primary reasons for this lack of intrusiveness is the width of most of the rivers, their location in relation to population centers, as well as levees and floodwalls.

 

According to the United Nations, human benefit from marine and coastal ecosystem and activities: Coastal tourism =161 billion American dollars, Trade and shipping =155 billion American dollars, Offshore oil and gas = 132 billion American dollars, Fisheries = 80 billion American dollars. Therefore, it is important to be careful and maintain balance in dealing our activities. The popular media attention is concentrated on loss of life and property. There is little prospect for preventing many of the disasters from occurring although much could be done to reduce their severity. Many impacts could be mitigated through better vulnerability and risk assessment, predictive modeling, information dissemination, and policy development [13].

 

6.1 Energy efficiency - The use of energy by the different modes of freight transportation has become of increasing concern in setting transportation policy. Energy efficiency is the measure of performance of our system is it structure or mobile Energy efficiency is usually measured in one of two ways: by comparing how many miles each mode of transportation can carry a ton of freight per gallon of fuel, or by how many BTUs are expended per ton mile. In considering the choice of alternative transportation modes, it is imperative to consider energy that will be spent in shifting from one mode to another will result in greater energy consumption by the less fuel-efficient mode. For cargo carriage, vessels is required to move one ton of cargo none mile, with energy efficiency which is the inverse of energy intensiveness Propulsion energy including refinery losses. -Combines operating energy with maintenance energy, vehicle manufacturing energy, and construction energy..

 

Table 2.3- Energy modal comparison - Source: [38]

Table 3 – Modal energy comparison

Mode

Operating energy

LNE – haule Energy

Modal Energy

Rail

412.5

706.3

1075

Truck

1312.5

1312.5

2137.5

Barge

262.5

262.5

618.8

 

 

 

Numerous studies of fuel efficiency have been done shows that shallow-draft water transportation is the most fuel efficient mode of transportation for moving bulkraw materials, is the least energy intensive method of freight transportation when moving equivalent amounts of cargo, and consumes less energy than alternative modes. [14].

6.2 Safety - Since the consequence of not being safe is environmental catastrophic, modal comparison of transportation system has revealed that water transport has the fewest numbers of incidents, fatalities, and injuries compare to other surface mode. The inland water transportation environment, with its slow transit speeds, is relatively mild, and shock and vibration levels, which are dampened out by the cushioning effect of the waterway itself, are not normally considered a problem. Land based including road and rail cars are susceptible to accidents, often times resulting in a loss of cargo, especially rail transportation are more vulnerable because shipments typically involving a large number of massive units traveling at high speed in a single line. River barges with navigation aid infrastructure ensure right-of-way mostly with pleasure craft that operate primarily both in warmer weather and during daylight hours an intermodal comparison work recently conducted by waterway foundation

6.3 Congestion - Pressure relating to technological; change needs and population has led to high demand for road transportation vehicle that has led to un convenient congestion problems and cones, traffic growth in most city of the world is currently outstripped any increase in  increase of green house gas release increase, currently hurting our planet. There is currently fringing in infrastructure capacity, where traffic demand exceeds supply leading to delays and safety problems.

6.4 Air, noise and vibration pollution - Rise in traffic volumes due to urban population, increase mobility has been identified by recent studies to be main contributors to Noise levels rise and contamination of air quality. Comparative studies has revealed that road transportation is the major offender Road transportation is the major offender more than other mode of transportation. Currently there is limited data exists on noise levels of barge operations, mainly because they are not considered problem. Figure 4 show   environmental force driving next generation technology.

Table 4 – Emission comparison

 

 

Nox

PM

FC

COx

Sox

 

 

%

%

%

%

%

After treatment

 

 

 

 

 

SCR (Selected catalytic reduction)

 

-81

-35

-7.5

-7.5

-7.5

PMF (Particulate matter filter)

 

None

-85

2

2

2

Drive management systems

 

 

 

 

 

ATM (Advising tempomaat)

 

-10

-10

-10

-10

-10

Diesel fuel quality / substitutes

 

 

 

 

 

(BD) Bio - Diesel

 

-10

-30

15

65

~-100

BDB (Biodiesel blend , 20%BD)

 

2

-6

3

-13

~-20

LSF (Low sulfur fuel)

 

None

-1.7

none

none

~-100

New engine technology

 

 

 

 

 

NGE(Natural Gas Engine)

 

-98.5

-97.5

4.5

-10

-100

 

6.5 Social impacts - Trucks and trains operate much closer to populated areas and release large amount of pollution and noise to the residence, barges quietly make their way along isolated waterways for most of their trip. By contrast, river barges have little impact on densely-populated areas. Barge transits are relatively infrequent because of the large tonnage moved at one time. River operations take place in channels away from the shore, and the engines of a towboat are usually below the water line, which muffles the sound. Surface traffic, both road and rail, near residential neighborhoods contributes to visual, physical, and psychological barriers that can lead to the fragmentation of those neighborhoods. Reduced social interaction, reduced access to other neighborhoods, and increased traffic congestion Traffic congestion can lead to serious disruptions of police, fire, and medical services, as well as periodic isolation of parts of communities

 

6.6 Cargo capacity - In terms of capacity a study done by COB came up with the following conclusion, which gives inland water a good advantage over other mode of transportation.

 

6.7 Economic of IWTS - The political and economic changes of nation is a big factor that maneuvered and created dynamic emerging economy in and generated needs and perspectives for more trade and transport along the river in Europe and the United States. Such economy analysis and environmental analysis which is being dealt with in this research cold bring assurance to drive the Transport policies that promote modal shift. The making of inland transportation requires economic analyses that identify trade growth consequential rapid rise in the amount of traffic. Commercial transport in Malaysia corridor has soared growing more than 100% in the last decade, with by far the largest increase registered in road transit. It is expected that Malaysia will continue this dynamic economic development in the coming years (with minimum average GDP/capita growth rates of 3-4% per year until 2015) and traffic flows could grow correspondingly [15].Compare to other mode of transportation, Inland water Transportation is in comparison to air and road transport, seen as more environmentally friendly and energy efficient, and can therefore contribute to sustainable socio-economic development of the region. Multimodal use of available transport possibilities (road, rail and IWT) has to be ensured.

 

6.8 Regulation requirement - Due to international implication of maritime industry, the required to be implemented are finalized by UN agencies following tacit proceedure, while the state decide on formulating local legislation towards implementation through marine administration and port state contol. Under above described legal framework for guide to drafting legislation, in the context of maritime transportation, 3 main purposes of legislation under legal framework are:

i.                     To provide legal framework for maritime transportation – effective legal framework is expected to cover all parties involved in maritime transportation

ii.                   For implementation of basic objectives of states- to prevent coalition, accident and consequence of pollution that may arise from them- legislation involved monitoring that focus on manning, safety, prevention of collision, salvage.

iii.                  To achievement of certain economic purpose- policy objective under economics from aim to expand national fleet, boosting of employment of national on board foreign ship.

 

7.0 Technical requirement / Classification of IWTS

 

River Classification System is n necessary to ensure the orderly and efficient control and maintenance of waterways an inventory of existing infrastructure and transport must be prepared as the base of a sound classification system. This inventory should include numerous quantitative aspects (e.g. minimum depths, width, and vertical clearance of waterways, marking and minimum equipment with navigational aids, and number of vessels), as well as qualitative aspects (e.g. the state of infrastructure and the fleet, transport performance). Data difficulties can be often quite substantial. Each waterway class: I, II, … has its standardized vessel (type, length, beam, draught and carrying capacities to loading draught and minimum height under bridges) or limited standardized integrated barge tow (formation and number of barges in tow, total length of barge tow plus pushboat, total beam of barge tow, draught of most loaded barge in tow and barge tow capacity in loaded state and minimum height under bridges) corresponding to the waterway conditions. Classification adopted by European Conference of Ministers of Transport (ECMT) is shown in the table below [16].

 

Table5- IWTS classification  - Source: [47]

 

Classification

Type

Carrying capacity(tonnes)

ECMT classification  (maximum vessel dimensions in metres)

Beam

Lenght

Air draft

 Water draft

I

Small barge

300

5

38.5

3.55

2.2

II

Campeenar barge

600

6.6

50

4.2

2.5

III

Doctmund-Ems

1,200

8.2

67

3.95

2.5

IV

Rhine- Hern

1,350

9.5

80

4.4

2.5

V

Large Rhine

2000

11.5

95

6.7

2.7

 

 

 

 

 

 

 

 

 

7.1 IWTS Vessels Requirements

 

The Ship is about port and access to port by optimum size of ships and its associated economics implication can be made available through navigable channel where maintenance dredging is needed. Ship production and condition of channel are out of phase. Economic of large scale and demand has begot big ship to emerge within a short period of time after second world war- however less attention has been given to the channels that will continue to accommodate these ships. Large ships typically maneuver with difficulty in confined areas, and channel width is a critical component of deep-draft channels .The requirements for access and protection in harbors and ports often lead to maintenance of channels and engineered structures, such as jetties and breakwaters.

Ship characteristics - Thus as ships are getting bigger, there has been signify technological change link to safe maneuvering and controllability. In reference To this design has focused on mitigating issues like large windage associated with container ships,  which can  complicate ship controllability in narrow channels as well as during slow speed maneuvering; also  Limiting speed in channel remain a critical part of operational maintenance work Direct-technological ship with drive diesel ships with high installed power to achieve design service speeds can, in some cases, have a minimum bare steerage speed of about 8 knots —quite a high speed in confined waters, has remain a challenge for terminal operators [16].

Maneuverability of during ship designs focus more on optimum operation of ships in the Open Ocean, and pay les attention to operations in confined areas. Ship Control is important when ships slow to turn, docks, or attached to tugs. Factors contributing to loss of control include slow vessel speed, following currents, waves, and cross-wind. Sailboats traveling under sail require extra maneuvering space. A good navigation channel must accommodate the ships using it. Ships are controlled by propellers and rudders at the stern. Some ships are also equipped with bow thrusters or bow and stern thrusters, which aid in control, especially at low speeds. Often, one or more tugs are needed to assist ships in some phases of entering and leaving a port.

 

Vessel operations during navigation channel deepening are required to enhance safety, efficiency, and productivity of waterborne commerce in ports and harbors. Shallow-draft projects embody similar concerns and often public recreational access as well. The following as related to Vessel operability is important in channel maintenance work:

 

Navigation system- this include the following port harbor operations:

 

i.                     Waterway engineering: Navigation channels, environmental factors, dredging and mapping services, shore docking facilities.

ii.                   Marine traffic: Operational rules, aids to navigation, pilot and tug service, communications, and vessel traffic services.

iii.                  Vessel hydrodynamics: Vessel design, maneuverability and controllability, human factors, navigation equipment.

 

7.2 Inland waterway channels requirement - Waterway channel involve the sizing of vessels that will transit a waterway, Maintenance dredging Capacity -   sediments output and estimates with clear objective to reduce channel delay accepts big ships; need to be done in environmental sustainable manner and optimal efficiency (economically). Quantification of channel require quantifying depth that  pave wave for dredging requirement to be determined and this lead to optimal choice of dredger .generic analysis of navigation and environmental  and sediment , with Iterative process and allowance discounting discussed under the case studies in taking account of impacts  to channel during operations and  during construction.

 

Navigation, coastal and geotechnical engineers have a very pronounced problem in regards to this - past design in human activities has been based on aftermath assessment of calamity where engineers have dealt with the high level of uncertainty by conservatively assigning or specifying much larger capacities than the projected demand. This ratio of capacity to predicted demand is the classical safety factor approach, which requires significant experience levels to be done right.Complementing, sustainable maintenance balancing wok is also Aids to Navigation / Navigation Information. Channel dimensioning requires channel depth and width characteristics:

 

i.                     Channel Depth Characteristics - Channel deepening is considered more important by channel designers, economists and mariners alike.

ii.                   Channel Width Characteristics - The main characteristics of a channel width may be grouped into the following general categories:

a.       Channel Layout (i.e., plan view path characteristics such as straight and curved sections)

b.       Channel Cross-Section (hydrodynamic characteristics such as depth, width, and side-slopes) many factors feed into the determination of the dimensions and specifications of channel characteristics

 

The quality of aids to navigation, type of channel cross section, and current strength impact the required width, experience with ship simulator studies has indicated that traditional channel width design criteria are overly conservative. Navigation is more difficult when channel cross section (overbank depths, channel depth and width) varies significantly. Bank effects and currents become less predictable and extra care is needed for vessel control. Traditional guidance for channel width is the same as for deep-draft channels.

 

7.3 Environmental sustainability and IWTS - Sustainability under UN definition emphasize on 4 tier balancing environment, economics, social and development issue that occupied man, the environment he inherited his survival, and reliability on continuity of the planet for the right of future generation. maritime industry need to adjust to the ways we do things in a world of sensitivity being characterized by sustainability, capacity building, efficiency, optimization of development, practice and operations that meets the needs of the present generation without compromising the ability of future generation to meet their need. Environmental sustainability - “environmental issues” under what surround us, As well as difficulties associated with changes to the bathymetry due to dredging or as a resulted in changes in water currents or other oceanographic effects or as result of sediment transport and  need maintain n them ,sustain our living and existence and purpose associated with them. Require historical as well as recent and predictive datasets system and “Now casts” and predictions of these parameters with the use of numerical calculation models that can provides real-time information about water levels, currents, and other oceanographic and meteorological data from bays and harbors, are available.

7.4 Transportation Hybrid Process Requirement – Making Transportation Smarter - Hybridizing transportation system will involve:

1. Development of a conceptual standard for Ship Control Centre (SCC) Design-




2. Development of Advanced Information Processing that will enhance efficiency, and safety including human performance by integration of information and improvement of decision support methods.




3. Verification of Conceptual Standard for SCC and risk of solution accountability for Design vs, Efficiency and Safety in combination with increased user satisfaction. Safety assessment, the risk of a collision, supports interoperability and interconnectivity.




4. Conceptual Standard for ISC Systems including use of components for a future standard on ISC systems, including guidelines for the preparation of companion standards and conformance classes.




5. Harmonized Human-Machine Interface (HMI), towards contribution to the safety and efficiency improvements measured in the project.




6. Standardized Process Network including use of  tools required for network performance prediction, reliability as expressed

8.0 Conclusion

Summing it up, building hybrid integrative transportation system that combines land road-water resources is indeed a challenge. To achieve success in such transportation artifact, providing the value and benefits require setting of high goal objectives that can be achieved within designated time, cost benefit should be clearly defined and performance problems and lifecycle issues should be well addressed, risk mitigated. Information transparency and information sharing through dissemination forum should be planned. The fact that environmental issue is of global warming, climate change and ozone depleting is driving today technology touché inland water transportation system were discussed. Need to adopt new transportation strategy warranted and incorporating old transportation system with sustainable Inland Water Transportation that mitigate environmental, technical , economic, social, safety , ecological requirement under integrative integrated transportation system will provide reliable Inland Water Transportation System aggressively growing state should adopt smart multimodal planning for sustainable transportation.

9.0 References

 

1.       Rackwitz, R. “How Safe is Safe enough? An Approach by Optimization and Life Quality Index”. Proceeding of ASTRANET Conference , 2002

2.       B.M.Abbas. River basin development. Tycooly,Dublin,1983

3.       “Technology development for Environmentally Sound Ships of the 21st Century”. An International Perspective. Journal of Marine Science and Technology, Vol. 1, No.3, 196.

4.       Pittock, B., D. Wratt et al., Australia and New Zealand. In “Climate Change 2001: Impacts, Adaptations, and Vulnerability”. Contribution of Working Group II to the Thirds Assessment Report of the International Panel on Climate Change. 2001: Chapter 12.

5.       Laurel Gascho, Henrike Peichert, and Sarah Renner  “Malaysia /Referral & Comparative experiences / Inland Waterway Transportation System”   Environment and Poverty Networks, February, 2006

7.       Osterreichische Wasserstrassen. “Inland Environmental Performance “ RINA, Pg 49, 2007

8.       Illinois State Water Survey, Department of Energy and Natural Resources, “Impacts of Commercial Navigation on Water Quality in the Illinois River Channel”, Champaign, IL, 1992.

9.       Eastman, S.E. “Fuel Efficiency in Freight Transportation”, The American Waterway Operators, Inc., Arlington, VA, June, 1980, p.7.

10.   National Waterways Foundation. “U.S. Waterways Productivity”. A Private and Public Partnership, Huntsville, AL, 1983, PP* 165-167.

13.   Butts, Thomas A. and Dana B. Shackleford.” Impacts of Commercial Navigation on Water Quality in the Illinois River Channel”. ISWS RR-122. 1992

14.   U.S. Army Corps of Engineers, Institute for Water Resources, Water Resources Support Center, National Waterways Study, “Analysis of Environmental Aspects of Waterway Navigation”, Review Draft, Fort Beloit, VA, April 1980, p227.

15.   Broils, J.U., “New European norms for size of waterway urgently needed. Hinterland ports” ,Rotterdam Europort  Delata,1967

 

 

About the Author

MARINE TECHNOLOGIST

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Health Insurance Plans and Recruiting Star Candidates

Employee health insurance is health care that is provided by an employer. When a company provides these health insurance benefits, they pay for all or part of the health insurance premiums for their employees. As of today, employers are not required to provide health insurance coverage to employees but this may change in the near future. Health insurance is typically a matter of agreement between an employer and employees.

By definition, health insurance coverage is an employee welfare benefit plan established or maintained by an employer or by an employee organization like union, or both. They provide health care for participants and their dependents through insurance coverage or reimbursement.

There are certain employee benefits that are mandated by law. These include overtime, minimum wage, leave under the Family Medical Leave Act, workers compensation and disability, as well as unemployment. There are other types of employee benefits available that employers are not required to offer to their employees, but some do make the choice to provide them as well.

Offering health insurance plans to potential employees is one way to gain a competitive advantage in recruiting star candidates. Here are four reasons why:

1.) Because group insurance plans often cost less per person than individual policies, employees effectively earn more when they receive health coverage instead of equivalent wages. The following comparison demonstrates this advantage:

- Employee "A" is paid $37,000/year and has to purchase individual coverage at $600 per month.

- Employee "B" is paid $31,000/year and receives group health insurance that the employer pays $500/month for.

Both individuals cost the employer the same amount, but employee "A" has $1,200 dollars less yearly income after health insurance costs. Keep in mind that the extent and availability of this advantage varies depending upon the membership and group size.

2.) Most employment candidates find it more convenient and affordable to receive health coverage through their employer, rather than having to look for a suitable individual insurer. It is also much easier to become covered by a group insurer; applications for individual insurance are much more likely to be rejected.

3.)Great health insurance plans can not only be helpful in recruiting star candidates, but in retaining them as well. People remain less likely to leave a job if it provides good health coverage. Another advantage is that companies will save time and money on training and recruiting when them employees stay with the company longer.

4.) When potential employment candidates read in recruiting advertisements that medical coverage is included, they will feel that the position in question is considered important by the employer. Candidates also will not worry about finding an individual insurer and getting accepted. Each of these factors add up to give your organization or business a competitive advantage in recruiting star candidates, compared to companies which do not offer employee health coverage plans.

About the Author

Rickey Pearce, an insurance agent, understands how important having the proper insurance coverage can be.Rocky Mountain Health Plans offers an affordable Colorado Health Insurance to state residents and employers. To view some of the most extensive varieties of individual and group health insurance plans and options available, visit Rocky Mountain Health Plans today!

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Phuket to crack down on World Cup gambling
Phuket Governor Wichai Phraisa-ngop told a law enforcement committee at Provincial Hall on May 26 that locals and tourists would be keenly following the tournament, not only for the love of the game, ...

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The Concept of Group of One Health Insurance

Small business forms the backbone of our economy. It is rather interesting then to realize what a raw deal small business gets. A classic example is the brutally difficult time a self-employed person with a pre-existing condition has trying to get health insurance. If you are lucky, some states have a concept known as a group of one that can help.

Health insurance companies are in business to make money. People seem to forget this. I am not standing up for these companies. They do some pretty brutal things in my opinion, but people need to remember they are businesses. As businesses, they don’t want to ensure someone they know is going to cost them a bundle. No business wants a customer like that. Self-employed individuals with pre-existing conditions are, unfortunately, just that.

The “group of one” health insurance option is a real winner. It is based on the idea that a person cannot be denied coverage because of a pre-existing condition under a group policy. For instance, a person with a heart condition who works for Google cannot be denied coverage under their plan. In states that allow it, you can actually purchase group plans for your self-employed business and then join your own group. It sounds strange, but it works.

Are there any downsides to this strategy? Yes, there are a few. First, the group of one concept is so despised by insurance companies that a law has to be passed before they will submit to it. So far, only 12 states have it - Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Mississippi, New Hampshire, North Carolina, Rhode Island and Vermont. If you live in another state, the group of one strategy cannot be used.

The second problem is the timing of coverage. While the 12 states above will allow the group of one concept, the coverage can be limited at first. A not uncommon regulation is the insurance company can avoid coverage on the pre-existing condition for the first six months of the policy. For individuals with ongoing health problems, this is a huge problem.

Is group of one health insurance the answer for individuals seeking health insurance with pre-existing conditions? Yes, if you live in one of the 12 golden states that allow it.

About the Author

Mark P. Warner is with BestPlaceToBuyHealthInsurance.com - where you can located the best place to buy health insurance on the web and information to make sure you get the best deal.

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No Workers Comp? Go to Jail! Go Directly to Jail!

Part 1 of a series: The 6 things employers MUST know about workers comp insurance

Having just returned from the annual Pennsylvania Workers' Compensation Practice and Procedure symposium, it's evident that the only constant in the workers comp arena remains what a huge headache it is for employers. Sure, the price for workers' compensation insurance has been declining recently, but proper compliance remains a challenge. These are not minor issues folks. Screw up here and you may find yourself out of business, in jail, or both!

Because I have with both the insurance industry and the legal profession, I am occasionally conflicted about what the right answer ultimately is in any particular employer / employee situation. However, if you employ people, you absolutely MUST carry workers compensation insurance. No exceptions, unless of course your employees are all Amish.

The requirement

The Pennsylvania Workers' Compensation Act mandates that employers pay for the medical bills of workers who suffer a job related injury or illness. If the employee is unable to work due to the injury, wage loss benefits are also required until the employee is able to return to the job. If the worker is killed or later dies, death benefits are paid to the worker's dependent survivors. The employer has the choice of buying coverage to pay for these benefits from a private insurance company, from the State Workers Insurance Fund (SWIF), or self-insuring.

The Pennsylvania Department of Labor and Industry website outlines who is subject to the requirements of the Act:

The requirement to insure workers' compensation liability is mandatory for any employer who:

a. Employs at least one employee who could be injured or develop a work-related disease in this state, or

b. Could be injured outside the state if the employment is principally localized in Pennsylvania, or

c. Could be injured outside the state, while under a contract of hire made in Pennsylvania, if the employment is not principally localized in any state, if the employment is principally localized in a state whose workers' compensation laws do not apply or the employment is made outside the United States and Canada.

Some employers foolishly don't think this applies to them if they use seasonal or part-time workers. Not true. It also doesn't matter if the business or organization is a non-profit, partnership, corporation, LLC, sole proprietorship, etc...

What if I "blow off" the requirement?

The short answer is that you can incur both civil and criminal liability. Section 305 of the Pennsylvania Workers' Compensation Act states that an employer's failure to insure its workers' compensation liability is a criminal offense. Every day an employer fails to insure is a separate offense. Depending on the circumstances, the crime will either be classified as a third-degree misdemeanor or a third-degree felony. So what does all that mean? In Pennsylvania, a third-degree misdemeanor conviction can get you a $2,500 fine and up to one year in jail for every day you are non-compliant with the Act. A felony conviction can result in a $15,000 fine and up to seven years imprisonment for each day of non-compliance. Not enough to convince you yet? Not only does an uninsured employer face criminal charges, the employer is subject to civil liability as well. An injured employee can now sue the employer for work-related injuries or diseases. Such suits are normally barred if the employer maintains workers' compensation insurance. Furthermore, it is very likely the employee will win an amount that is much higher than they would have been awarded under workers' compensation. The court will also require the employer pay court costs and the cost of prosecuting the case. OUCH! A recent example of what can happen.

On January 22, 2008, a local roofing company and its owner, each pled guilty to nine misdemeanor counts of the third degree in the Bucks County Court of Common Pleas for failing to insure its workers' compensation liability. The owner was given seven years of probation and also had to pay restitution in the amount of $93,108.06 to an injured employee and payment of the cost of prosecution. The company was also sentenced to pay restitution and prosecution costs. The company is out of business.

They'll never catch me?

Maybe. Maybe not. But did you know that if one your competitors' thinks you are operating without workers' compensation insurance they can have you investigated? Not a bad deal. Pick up the phone, call Labor and Industry, and eliminate the competition. I don't know about you but I wouldn't want my future in the hands of an adversary. Quite frankly, with workers' compensation insurance being readily available at historically reasonable prices, there is simply no reason to risk criminal and civil penalties for non-compliance.

About the Author

Eric D. Patrick, is an attorney and Chief Operating Officer of Consumers Insurance Agency Inc. http://www.consumers-insurance.com . He is involved in two law practices and does insurance and legal consulting through his RiskAssure Consulting Group http://www.ThatsNotCovered.com . Please contact him for further information.

LEAP 2010 - Joe Beachboard

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Dodd and Geithner should resign

By MICHAEL WEBSTER: Syndicated Investigative Reporter March 20, 2009: 11:00 AM PST

AP - Senate Banking Committee Chairman Sen. Christopher Dodd, D-Conn. listens to witness testimony on Capitol Hill

WASHINGTON - Senate Banking committee Chairman Christopher Dodd and Treasury secretary Timothy Geithner should resign according to some members of Congress and many members of the public. Senator Dodd first dined any knowledge that the executive-compensation restriction bill he authored which limited executive bonuses at AIG was removed by him or his people.

While the Senate was constructing the $787 billion stimulus bill last month, Dodd added an executive-compensation restriction to the bill. The provision, now called "the Dodd Amendment" by the Obama Administration provides an "exception for contractually obligated bonuses agreed on before Feb. 11, 2009" -- which restricted the 170 million in AIG bonuses.

Senator Dodd however just day before yesterday told the news media that he was not responsible for adding the last minute bonus loophole into the stimulus package. Dodd's original amendment did not include that exemption, and the Connecticut Senator denied inserting the provision.

Than Senator Dodd yesterday reversed himself by admitting to the news media that he was responsible for adding the amendment that permitted AIG and other companies that received bailout funds to pay bonuses.

Dodd acknowledged that he had "reluctantly" agreed to amend legislative language designed to limit executive compensation for companies receiving federal bailout money -- a change that ultimately permitted insurer AIG to pay millions in bonuses. Sen. Dodd now claims Treasury forced him to add language to the stimulus bill.

In addition to that Sen. Dodd was AIG's largest single recipient of campaign donations during the 2008 election cycle with $103,100, according to opensecrets.org .  AIG's  largest offices ( troubled derivatives branch) is based in Connecticut Dodd's home state. Many of the bonuses in question were awarded to executives at that branch.

AIG, an ailing insurance giant, has received more than $170 billion in federal assistance. Taxpayers now own nearly 80 percent controlling interest of AIG, but apparently have no say in the management or any control over the company as other share holders do across the nation. According to at least one legislator no one seems to know why that is.

Chairman Dodd said it was the Obama administration. Evidently meaning the Treasury Department and apparently Treasury Secretary Timothy F. Geithner who insisted and pushed for changes to the executive compensation restrictions that allowed AIG to issue millions in bonuses that have set off a public outcry.

The change to Dodd's amendment allowed AIG to hand out the bonuses and sparked a blame game between Dodd and Treasury Secretary Timothy Geithner.

Dodd's original amendment did not include that exemption, and the Connecticut Senator had denied inserting the provision.

"I can't point a finger at someone who was responsible for putting those dates in," Dodd told the media.  "I can tell you this much, when my language left the senate, it did not include it. When it came back, it did."  

"Because of negotiations with the Treasury Department and the bill Conferees, several modifications were made," Dodd Spokesperson Kate Szostak told reporters.  

The provision excluding those bonus payments made it into the final version of the bill, and is now law.

 

Timothy F. Geithner during a hearing before the House Financial Services Committee in July.

Photo: Alex Wong/Getty Images

Treasury Secretary Geithner believed a major player and perhaps master minded the forcing of the removal of the last minute language changes in the bill. According to news reports Geithner failed to pay his own taxes and was repeatedly advised in writing by the International Monetary Fund that he would be responsible for any Social Security and Medicare taxes he owed on income he earned at the IMF between 2001 and 2004.

Mr. Geithner who was the president of the Federal Reserve Bank of New York which headquarters the financial industry has all year been at the center of the worsening economic crisis.

Mr. Geithner, 47, for weeks has been the subject of controversy with many wondering if he is the right man for the job. The all powerful Treasury secretary, has been put in charge of hundreds of billion of dollars of tax payers money for financial bailout programs.

Mr. Geithner, worked closely with his boss Treasury Secretary Henry M. Paulson Jr. and Mr. Bernanke at the Federal Reserve Bank helping to design and develop the Trillion plus economic rescue for banks and other financial institutions, an effort that was to reassure financial markets and bring back the economy and contain the credit crisis. Many Americans are outraged that President Obama picked Geithner a Bush administration financial insider and obviously pro Wall Street, and who would likely continue the Bush same type bailouts with little if any consideration for main street the general public Who of been lift holding the bag and having to cover the outrages creed of Wall street with there tax money. 

Mr. Geithner as Treasury Secretary is over the Internal Revenue Service and is now in a position to say "do as I say not as I pay". 

 

Mr. Geithner according to government documents didn't make any Social Security or Medicare tax payments on his income during the years he worked for  the International Monetary Fund, part of the world Bank. He also employed an illegal immigrant housekeeper who  lacked work papers. After the IRS audited him in 2006 and discovered the payroll-tax errors, Mr. Geithner corrected them for 2003 and 2004. But only after Mr. Obama picked him for Treasury secretary last fall did Mr. Geithner pay the Social Security and Medicare tax he owed for 2001 and 2002.

Sen. Christopher Dodd, D-Conn., said an amendment to the economic stimulus legislation that he authored was not intended to protect the troubled insurer, and he denied knowing about the controversial bonus program until last week.

"I did not want to make changes to my original Senate-passed amendment but I did so at the request of administration officials, who gave us no indication that this was in any way related to AIG," Dodd said in a statement released by his office.

AIG's payment of $165 million in bonuses has set off a firestorm on Capitol Hill and around the country. AIG Chairman and CEO Edward Liddy was grilled by lawmakers for hours on Wednesday over the payments, and the executive said the company would ask bonus recipients to give back at least half the funds.

Increasing attention is being paid to what and when policymakers knew about the payments. Liddy was repeatedly asked during a House subcommittee hearing whether the Federal Reserve and now Treasury Secretary Timothy Geithner were aware of the bonus program last year.

An executive at mortgage giant Countrywide overrode the company's loan-writing policies to give a discount to Dodd, the powerful chairman of the Senate banking committee, according to an internal Countrywide document turned over to congressional investigators.

Dodd, who refinanced two mortgages with Countrywide in 2003, has said that he did not know that he had been placed in a special group of customers known as "Friends of Angelo" - a reference to Countrywide CEO Angelo Mozilo - or that he might have received preferential loan terms.

By contrast, Thursday's report by Republican members of the House Committee on Oversight and Government Reform describes a freewheeling program in which Countrywide loan officers gleefully boasted to other VIPs that Mozilo had personally authorized discounted rates and fees.

The report also concludes that Dodd and another senator, Kent conrad, D-N.D., "appear to have violated" Senate ethics rules related to accepting gifts and loans not generally available to the public.

Bryan DeAngelis, Dodd's press secretary, disputed that conclusion.

"There is no new information from today's report. As the senator said in February, when he made all the documents public related to the refinancings of his 2003 mortgage loans, the Dodds acted properly in their mortgage refinancing negotiations," DeAngelis said. "They did not seek or expect any special rates or terms on their loans and they never received any. Furthermore, as both the materials he provided and an independent report showed, the rates and terms they did negotiate were widely available in the market when they refinanced."

Although the 63-page congressional report includes little new information on Dodd's deals, its release Thursday is more unpleasant news for the Democratic senator, who has been buffeted for months by politically damaging revelations.

He has also faced questions about past real estate deals in Washington, D.C., and Ireland.

But Dodd's political troubles began with the Countrywide deal, and assertions that one of the nation's top banking overseers had received favors from a key player in the subprime mortgage meltdown.

An internal "Loan Policy Analysis" of Dodd's mortgages shows that Countrywide's underwriting rules called for an interest rate of 4.875 percent on both loans, with fees equal to three-eighths of a point on one loan, and a quarter-point on the other. A point is equal to 1 percent of the borrowed amount, and for both mortgages, those up-front fees would have totaled about $2,500.

But the computerized record includes a second column showing what Dodd and his wife, Jackie Clegg, were actually charged. In that column, the points had been eliminated.

According to investigators, Countrywide's computer system required a manual override to implement loan terms more favorable than the company's standard underwriting policy. In Dodd's computer files, in a column labeled "Reason For Override," is the designation: "CMD Approved" - which investigators say is shorthand for approval by a Countrywide managing director. Similar overrides are noted in loan documents for many other VIPs, investigators said.

Last month, Dodd allowed reporters to review more than 100 pages of mortgage documents for his homes in East Haddam and Washington, D.C., but did not permit them to make copies. A spokesman for Dodd said that the Loan Policy Analysis was among the records reporters were permitted to review. But none apparently recognized its potential significance.

Dodd also announced last month that he would refinance the loans with another lender.

In a government investigation report recently released concludes that officials at Countrywide gave special loan deals to thousands of VIPs - from Washington politicians to  Hollywood celebrities - as part of an aggressive campaign to curry favor and extend the company's influence.

From U.S. senators to a mayor in Montana and former TV sidekick Ed mcMahon, Countrywide gave breaks to the well-connected and the well-known, often coolly discussing in e-mail exchanges whether a customer's political juice justified the discount.

In an internal e-mail, a Countrywide managing director hesitates to cut a break for the mayor of Billings, Mont. "I'm usually in favor of settling on the side of the borrower with political influence," the official wrote, before concluding that the money at stake "has the potential of being a greater number than the Mayor of Billings Montana influence."

But a higher-up, noting the mayor's leadership role with the U.S. Conference of Mayors, approved the discount.

It was an easier call when loan officers learned that an applicant was the brother-in-law of an aide to a senior member of the House Financial Services Committee.

"Put this one in a 'moderate VIP' status," a Countrywide executive instructed in an e-mail. "The Hill staffer is very important to us."

In addition to politicians and government officials, other prominent Countrywide clients given special deals, according to the report, included actors and Uma Thurman; a deputy in the Los Angeles County Malibu, Calif., sheriff's department; and Margaret Warner, a correspondent for "The NewsHour with Jim Lehrer."

In a new statement today from Sen. Dodd he says "I'm the one who has led the fight against excessive executive compensation, often over the objections of many. I did not want to make any changes to my original Senate-passed amendment but I did so at the request of Administration officials, who gave us no indication that this was in any way related to AIG. Let me be clear - I was completely unaware of these AIG bonuses until I learned of them last week.

"Reports that I changed my position on this issue are simply untrue. I answered a question by CNN last night regarding whether or not a specific date was aimed at protecting AIG. When I saw that my comments had been misconstrued, I felt it was important to set the record straight - that this had nothing to do with AIG.

"Fortunately, we wrote this amendment in a way that allows the Treasury Department to go back and review these bonus contracts and seek to recover the money for taxpayers. Again, I have led the fight to curb excessive executive compensation, and will continue to do so."
 

 

About the Author

Michael Webster's Syndicated Investigative Reports are read worldwide, in 100 or more U.S. outlets and in at least 136 countries and territories. He publishes articles in association with global news agencies and media information services with more than 350 news affiliates in 136 countries. Many of Mr. Webster's articles are printed in six working languages: English, French, Arabic, Chinese, Russian and Spanish. With ten more languages planed in the near future.

Mr. Webster is America's leading authority on Venture Capital/Equity Funding. He served as a trustee on some of the nation's largest trade Union funds. A noted Author, Lecturer, Educator, Emergency Manager, Counter-Terrorist, War on Drugs and War on Terrorist Specialist, Business Consultant, Newspaper Publisher. Radio News caster. Labor Law generalist, Teamster Union Business Agent, General Organizer, Union Rank and File Member Grievances Representative, NLRB Union Representative, Union Contract Negotiator, Workers Compensation Appeals Board Hearing Representative. Mr. Webster represented management on that side of the table as the former Director of Federated of Nevada. Mr. Webster publishes on-line newspapers at www.lagunajournal.com and www.usborderfirereport.com and does investigative reports for print, electronic and on-line News Agencies.

Law firms race to collect year end billings

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Qualities of an Ideal Denver Limousine Provider

Wedding, corporate party, company outing, you have a row of social commitments to accomplish, so this is the best time to hire a Denver limousine service or Denver cab service. However, take extra care and attention in choosing a limousine provider.

Limousines are undeniably the most glamorous vehicle for special occasions but dangers could lurk at this popular car. Let’s say the company isn't properly registered or insured and the driver isn't properly licensed, there are great chances of accidents and displeasure. What’s worse is, one could perish his/her life in the hands of an unlicensed limo provider and its reckless driver.

Sure, you want the best price and the most attractive vehicle but your safety should always come first. Part of this safety preparation is knowing the limo driver. A cautious driver is concerned about his passenger’s safety more than his. He is cautious and observant, always paying attention to his surroundings and ready to anticipate any problems. Here are the other traits of an ideal limousine driver: • A safe limo driver follows the law at all times. A driver of an airport limo in Colorado stops at intersections and knows when to give way to pedestrians. He never parks on prohibited areas and never fights with other drivers.

• You are paying for a limousine service, which should give you certain liberties. However, a cautious driver does not tolerate any dangerous or unlawful activities inside the vehicle. He wears his seatbelt all the time and encourages his passengers to do the same. He limits drinking inside the car and insists that the doors remains closed until the vehicle comes to a stop. He prevents his passengers especially minors from carrying drugs and weapons inside the limousine or Denver town car service

• In many cases, a limousine service will drop off its passengers and then pick them up at an appointed time. But what if you suddenly need to get home? A reliable limo driver is always accessible since he carries a cell phone. Even if you don’t have his number, you can call his employer so they can get in touch with him.

• The law might only require a limousine service to carry liability insurance in certain states, but a safe limo driver is fully insured. This includes personal injury insurance should his passengers be injured in an accident. You’ll feel much safer riding on a limousine service that is fully insured. This law also applies to a taxi cab in Denver

• Maintenance is another very important factor limousine providers should consider. They should see to it that their vehicles are in good running condition at all times. To ensure this, they should change the oil, rotate the tires, conduct safety inspections, and take the car in for regular evaluation. Your limousine service should allow you to inspect its maintenance records any time.

• A safe limo driver will listen to traffic news as often as possible to know where accidents have occurred. This allows him to get his passengers to their destinations on time while avoiding dangerous routes.

About the Author

The author is a web copywriter in a company offering airport limo Colorado, Denver town car service and Denver cab service.

[mage lang="" source="flickr"]employment law pay slip[/mage]
Dodgy Paye and deduction in wages?

Hi
My husband has just recieved less than half of his salary for the last month and doesn't know when he might get the rest. He also recieves payslips that don't corrispond with his pay (what is actually paid into our bank account) and is owed a back log of overtime (which is very hard to proove). He has decided to leave his job and will be handing in his notice. It looks like his company is in quite serious financial trouble. What Im wondering is if there is any way to make them pay up? I've tried Acas and although he can go for constructive dismissal it has a very low success rate and Acas said its not worth it. We are prepared to go down any route and use anything as a threat to just get the money. Was thinking of threatening to speak to Inland rev about the pay slips but not sure how serious the repercussions would be?? Any suggestions greatly apprecitaed as it seems that employment law does not really offer alot of help!

Any complaint to HMRC will probably result in an enquiry being made into employer's tax affairs. Your husband will not be told of outcome, that is confidential between employer and HMRC. HMRC can make employer pay any underpayment caused by their non-compliance of the rules. It won't get husband his overtime payment. HMRC can charge tax on income received, but not on unpaid wages owed. PAYE (Schedule E tax) is charged on when money received, not the period for which it is due. I don't know if solicitor's letter would be worth trying?
Although HMRC won't tell employer who reported him, sometimes employer can guess. If husband leaving this job anyway, maybe it wouldn't matter. You will need to give HMRC all documentation you can, bank statements and payslips for example, so that staff can see payments don't correspond. Also form P60, which employer should give husband soon, at the end of the tax year.

Roxanne Grinage Administrative Tool US Citizens Docket Revealed Philadelphia Family Court Corruption

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California Employment Lawyer’S Arsenal Of Employee Protections That Can Save Your Job, Obtain Damages, Or Increase Your Severance Pay

Never have there been so many tools for employment lawyers to help the newly fired either to win damages for discrimination or to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination.

From San Diego to Orange County where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as Palm Springs and throughout the Inland Empire where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools an employment lawyer has is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For California Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.

Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools an employment litigation lawyer has against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been discriminated against or are the victim of retaliation by an employer in California or if you have been receiving less pay than a person of the opposite sex for the same work by your employer.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in California by your employer, we invite you to call our office.

About the Author


Visit our website at http://www.sebastiangibsonlaw.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your California Employment Lawyer and California Employment Attorney anywhere in Southern California from San Diego to Orange County, and Santa Barbara to Palm Springs and all points in between, including Anaheim, Newport Beach, Fullerton, Temecula, Riverside, San Luis Obispo, Oceanside, Chula Vista, Ontario, Rancho Cucamonga and Palm Desert.

Part 5: Other Common Overtime Exemptions

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Law of Agency?

Our car repairing company offers workers with a uniform. At off-duty and not acting during the course of his employment, a uniformed worker took charge of a client's car at the entrance of the repair workshop. The worker then stole it.
Advise the company
Because is is my homework, please only specify the main issue of the case and briefy explain. I wanna do it by myself.

In this case I would say the Company was liable ..

They should not have allowed an off-duty worker to take a uniform off the premises nor should they have allowed an off-duty employee onto their premises .. (I expect theses an implied 'Duty of Care' or some such towards customers coming onto their premises)

IF, on the other hand, they can produce paper-work showing that the worker had been fired the day before and that other workers had been warned to to allow him/her back onto the premises (and the car was taken from the public highway), I'm going to guess they are not liable ..

"The Sri Lanka Government must uphold the Rule of Law "

[mage lang="" source="flickr"]labor and employment law quiz[/mage]
Quiz of Economics?

7. A function that indicates the maximum output per unit of time that a firm
can produce, for every combination of inputs with a given technology, is
called:
a. An isoquant.
b. A production possibility curve.
c. A production function.
d. An isocost function

8. Writing total output as Q, change in output as dQ, total labor
employment as L, and change in labor employment as dL, the marginal
product of labor can be written algebraically as:
a. dQ d L.
b. Q / L.
c. dL / dQ.
d. dQ / dL.

9. The law of diminishing returns applies to:
a. The short run only.
b. The long run only.
c. Both the short and the long run.
d. Neither the short nor the long run.

10. Which of the following costs always declines as output increases?
a. Average cost
b. Marginal cost
c. Fixed cost
d. Average fixed cost

7-c
8-c
9-c
10-d

Groups Want To Halt Calif. Global Warming Law
A coalition of business groups turned in signature petitions Monday for a ballot initiative that would unravel Gov. Arnold Schwarzenegger's top environmental priority. If the California Jobs Initiative qualifies for the November ballot, as expected, voters will be asked to consider putting the brakes on the nation's most far-reaching global warming law.
Fresno CA Family Law and Bankruptcy Attorneys Arnold & Blea

LEDBETTER FAIR PAY ACT PRESENTS CHALLENGES TO HAWAII EMPLOYERS

LEDBETTER FAIR PAY ACT PRESENTS CHALLENGES TO HAWAII EMPLOYERS

On Jan. 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act (the “Act”).  The Act amends Title VII, the Age Discrimination in Employment Act and the ADA and affects compensation-related lawsuits under those statutes. 

The Act was named after the plaintiff in the lawsuit Ledbetter v. Goodyear Tire and Rubber Co., Inc., a case in which the U.S. Supreme Court held by a 5-4 vote that Lilly Ledbetter’s charge of pay discrimination under Title VII of the Civil Rights Act came too late after she failed to complain to the EEOC within 180 days, as required by Title VII of the Civil Rights Act (in Hawaii a complainant would have 300 days to file such complaint with the EEOC as Hawaii is a “dual-charge” state).

In response to the Ledbetter decision, the Act adopts the so-called “paycheck accrual” rule.  Under the rule each paycheck alleged to be part of a compensation-related claim triggers a new agency charge period during which the complainant may properly challenge any prior discriminatory conduct that affected the amount of that paycheck.  Specifically, the Act states:

For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.

The EEOC recently issued interpretive guidance on the Act and has opined that the Ledbetter Act applies to “a discriminatory compensation decision” or “other discriminatory practice affecting compensation.”  This means in the EEOC’s view that an employee hired eight years ago could have a cause of action from the date of hire to the extent s/he argues their starting pay was set in a discriminatory manner.

Such argument, and the EEOC’s position, was accepted in Bush v. Orange County Corrections Dept., No. 6:07-cv-588-Orl, 2009 WL 248230, M.D. Fla., 2009, a case in which plaintiffs filed EEOC charges 16 years after they had been allegedly discriminatorily demoted.  The Court ruled that the employees stated a claim for discrimination from their demotion 16 years earlier and that the claims are timely under the new law.  However, the Court dismissed the case on other grounds.

The case should alert Hawaii employers of the potential open-ended risks of compensation-related lawsuits.  To reduce potential liability, Hawaii employers should take a more proactive approach on their compensation reviews and policies, including regularly reviewing pay-related records and, with the help of IT, determine whether record-retention policies require revisions.

Further, Hawaii employers should carefully deliberate both starting pay and step-pay increases for every individual employee, and consider whether a completely new compensation scheme that completely eliminates step-increases and instead incorporates performance-based annual bonuses is appropriate for their company.

Roman Amaguin, Esq.; romanamaguin@yahoo.com; www.amaguinlaw.com

 

 

About the Author

Roman Amaguin, Esq. is a Hawaii attorney specializing in employment law, labor law, and civil litigation. He has been practicing law in Hawaii since 1995. He was an attorney, director and shareholder for a large Honolulu law firm through 2006. From 2007 through 2008 he was an Of Counsel Attorney for another large Honolulu law firm, before opening his own office.

His philosophy is to provide practical solutions to both complex and common workplace, employer/employee, and civil disputes. As a Hawaii attorney, Mr. Amaguin regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies such as the U.S. EEOC and Hawaii Civil Rights Commission. He understands now is the time for the legal profession to reconsider the manner in which it provides services to the community. Accordingly, flat rate projects and other alternative fee arrangements are always explored with his clients.

Mr. Amaguin litigates a wide range of civil cases involving common law and statutory claims.

US Public Law 111-2 Lilly Ledbetter Fair Pay Act: Amend Civil Rights Act, Age Discrimination

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Career Clusters Close the Gap Between Schools Subjects and Careers

A wealth of information exists that explains the relationships between school subjects and careers. Across the nation, children, teens, teachers, and counselors use Career Interests Areas or Clusters to explore careers and to make school study plans. There are sixteen (16) Interests Areas or Clusters:


1. Agriculture, Food, & Natural Resources

2. Architecture & Construction

3. Arts, A/V Technology & Communication

4. Business, Management & Administration

5. Education & Training

6. Finance

7. Government & Public Administration

8. Health Science

9. Hospitality & Tourism

10. Human Services

11. Information Technology

12. Law, Public Safety & Security

13. Manufacturing

14. Marketing, Sales & Service

15. Science, Technology, Engineering & Mathematics

16. Transportation, Distribution & Logistics


States and federal agencies across the nation have created career cluster web sites and resources. We have reviewed three (3) of the best state or federal agency web sites.


Louisiana Integrated Skills Assessment (LISA)


One of the most unique comprehensive career cluster resources is the Louisiana Integrated Skills Assessment (LISA), an Internet program. LISA lets you explore career clusters, careers, abilities, training requirements, and more. Using the Lisa, you can do the following tasks:


Assessment: Explore career options using the Work Importance Locator.

I Enjoy: Find careers based upon the things that you enjoy.

Cluster: Find careers from Career Cluster Groups.

Search: Search for jobs based on knowledge, skills, and abilities.

Best Match: Use your current job to find knowledge, skills, and abilities to identify a new career.

Compare: Compare current job to potential new job.

Profile: Use this feature to create a profile from a selected career.


There are 3 steps in the LISA program. In Step 1, when you choose a career cluster, you will read the description of the cluster. When you select a career cluster in Step 2, you can select a career group. In each career group, you will see a lot of different careers. Finally, in Step 3, you see additional occupational information, such as:


Job descriptions

Educational and training requirements

Crosswalks, for example ONET, DOT, GOE, and other codes

Abilities

Knowledge

Skills

Tasks

Work Values

Labor Market Information


There is detailed information in each job profile:


Description

Crosswalk

Abilities

Knowledge

Skills

Tasks

Work Values

Occupational Characteristics Narrative


The Louisiana Integrated Skills Assessment (LISA) is an excellent tool for students to do career cluster exploration.


NCE Career Clusters and State Career Clusters Initiative Resources


The NCE Career Clusters has adapted information from the State Career Clusters Initiative to create a career education toolkit for teachers and counselors. In your NCE Career Clusters toolkit, you can find a Career Cluster Model, poster, resource booklets, At-a-Glance PDF Slices, and Plans of Study. Each resource is designed to facilitate the exploration of Career Clusters.


Career Cluster Resource Booklet


To prepare for a Career Clusters discussion, teachers and counselors use the State Career Clusters Initiative Career Cluster Resource Booklet. The brochures discuss the differences between career clusters and career pathways. The booklet outlines that career clusters are career groups from the same industry that have the same skills and educational requirements. Career pathways are specific careers that are within the each career cluster. The Resource Booklet discusses the following topics:


Historical background information

Cluster Knowledge and Skills

Pathway Knowledge and Skills

O*NET Crosswalk Report

Validation Studies

Assessment Protocol

Certification Protocol


The booklet is a "must-read" resource that provides in depth information on each career cluster. Each booklet has detailed graphs, charts, and tables.


Career Cluster Model


To provide an overview of Career Clusters, teachers and counselors use the Career Cluster Model. The Career Cluster Model simplifies sixteen (16) Career Clusters model. The center of the NCE Career Clusters model focuses on six (6) major groups. The career clusters are color-coded so that you can easily present six (6) major groups in classroom activities. The six (6) major groups are:


1. Environmental and Agricultural Systems

2. Business, Marketing, and Management

3. Communication and Information Systems

4. Industrial, Manufacturing, Engineering Systems

5. Health Sciences

6. Human Services and Resources


Here is summary of the relationship between the sixteen (16) Career Clusters and the 6 Super Clusters.


1. Environmental and Agricultural Systems

Agriculture, Food, & Natural Resources (1)

2. Business, Marketing, and Management combines:

Business, Management & Administration (4)

Finance (6)

Hospitality & Tourism (9)

Marketing, Sales & Service (14)

3. Communication and Information Systems involve:

Arts, A/V Technology & Communication (3)

Information Technology (11)

4. Industrial, Manufacturing, Engineering Systems

Transportation, Distribution & Logistics (16)

Architecture & Construction (2)

Manufacturing (13)

Science, Technology, Engineering & Mathematics (15)

5. Health Sciences

Health Science (8)

6. Human Services and Resources

Education & Training (5)

Government & Public Administration (7)

Human Services (10)

Law, Public Safety & Security (12)


The sixteen (16) Career Clusters systematically fit within the six (6) major groups.


Career Cluster Brochure


Another excellent career cluster student aid is the Career Cluster Brochure. The brochure is filled with photographs that show people performing the different jobs. With this easy-to-read booklet, students get an overview of the different careers, career clusters, and career pathways. Students read about:


What is a career cluster?

What is a career pathway?

What school subjects are important for a career in the ... career cluster?

What is the educational or training requirement for a career in the ... career cluster?

What are the necessary credentials for a career in the ... career cluster?

What is the employment outlook for a career in the ... career cluster?

What are some sample occupations?


Career Cluster Slices


Besides the Career Cluster Model and the Brochure, a third student Career Cluster aid is the NCE Career Cluster Slices. The NCE Career Cluster Slice identifies specific career opportunities found within each Career Pathways. Each Cluster Slice is illustrated and designed to explore areas, such as:


Cluster Description

Pathway Description

Cluster Knowledge & Skills

Career Field

Preparation for a Career in ...

Examples of Education and Training Postsecondary Programs of Study


Students discover that each pathways leads to post-secondary options including:


Apprenticeships

Certificates

Licenses

Associate's Degree Programs

Bachelor's Degree Programs

Master's Degree Programs

Doctoral Degree Programs

Professional Degree Programs


Career Clusters Plan of Study


At the beginning of the students' middle school years, the students use assessments identify career cluster interest areas. With the Career Clusters model, brochure, Slices, and LISA resources, the students have explored the different careers and post-secondary training options. Students, teachers, counselors, and parents then use the Career Clusters Plan of Study to strategically plan the students' high school course work. The Career Clusters Plan of Study provides examples of English, Math, Science, Social Studies, electives, and extra-curricular activities for the following grade levels:


7th - 8th grade

9th - 10th grade

11th - 12th grade

Examples of advanced coursework for postsecondary credit


The NCE Career Clusters web page is the gateway to the student career cluster resources.


State Career Clusters Initiative, NCE, and Lisa materials are just examples of career cluster resources. Career clusters resources have established a connection between school subjects and careers.


Resources:

Explore Career Clusters, Texas Workforce Commission/Career Development Resources (TWC/CDR), US Department of Labor, Employment and Training Administration, and Louisiana Department of Labor


Nebraska Career Education, States' Career Clusters Initiative, 2005, and NCTEF/NASDCTEc (National Association of State Directors of Career Technical Education Consortium) States' Career Clusters Initiative, & National Association of State Directors of Career and Technical Education Consortium


State Career Clusters Initiative Washington, DC: National Association of State Directors of Career Technical Education Consortium, 2002

About the Author

Dr Mary Askew specializes in career tests, websites, and books for children, teens, adults, teachers, and counselors. Find eye appealing, easy to use, yet comprehensive career resources. Contact Dr. Askew at learning4life@qwest.net or visit http://www.hollandcodes.com.

Part 1/3 - Transitioning to College for Students With Disabilities - An MU Perspective

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Universal Health Care; The Canadian Experience - Part 3

Here's To Your Wealth!  Comparative Costs of Private and Public Health Systems
Part 3 of a 3-Part Series

 

Everything comes with a cost and health care is no exception.  But which type of health care model costs the most – the universal public type or the for-profit private system?  The answer depends on the source and perhaps what political stripes that source wears.

While President Obama’s camp continues to promote the public option and what they say will be a lower overall cost to consumers, many conservative politicians and talk show hosts have, of course, campaigned hard to make the opposite seem true.  Their take is that industrialized nations with universal public health care pay far more per capita for sub-standard services compared to their US counterpart.

It’s easy to accept without question, this latter position as fact, particularly if you buy-into another popular view that suggests everything and anything the government administers suffers from waste, inefficiency, ineffectiveness and bloated costs.  Let’s face it, you don’t have to look very far to find examples of poor public governance.  (Does anyone remember stories about a certain stars-and-stripes military outfit paying $750 for hammers and hundreds more for toilets?)


Is Public Sector Governance Necessarily Bad?
What some people seem far too eager to ignore is the fact that given proper governance, a publicly administered system providing an essential service has an important advantage.  That advantage is a missing link of sorts.  The ‘chain’ of service provision has many various links that make up the total cost of providing that service.  Consider that the profit link is often one of the biggest links in the chain.  Somewhere along the line, that profit link will necessarily impact the total cost of providing the service as well as the amount of investment that’s diverted back into the system.


Therefore, in operating a for-profit health care system, regardless of whether the gross profit margin is ten or thirty per cent, at some point along the way a markup must occur to generate the extra revenue needed to feed that profit.  A properly managed public health care system need not implement markups.  In theory, then, the taxpayer isn’t overcharged just in order to meet the profit margin goal.  Does it actually work that way?  Just as with other aspects of the public vs. private health care debate, there are both success and horror stories on each side.


Are Canadian Patients Dissatisfied With Their Health Care System?
So much of the chatter we hear today slams the inefficiency and overboard costs of Canada’s health care system.  But consider that for each story from a Canadian patient who experienced mediocre treatment or long delays, there are far more success stories from patients who are sincerely happy with their treatment and who wouldn’t trade their system for the world. 

Take, for instance, the case of a woman from Windsor, Ontario, whose story was revealed this past summer in an article in a Florida newspaper, the St. Petersburg Times.  This Canadian patient was billed a grand total of $16.95 after having been in hospital for over two months.  Her friend who lives across the river in Michigan spent two or three days in hospital and was billed over $3,000.  Those are some real numbers to chew on.


So, what are the rest of the numbers, vis-à-vis the comparative costs of Canadian and American health systems?  More on that in a bit, but first consider the example of education.  Education is one of the untouchables; a cornerstone of most wealthy nations.  It’s one of those essential services.  The quality of a nation’s education determines, to a great extent, that nation’s future prosperity.  Most kids go to public school and most of those parents would never consider scrapping their district’s public system in favor of a for-profit pay-as-you-go private system.


Public Education is in a Shambles, Right?

Education has for long been as politicized as health care has lately become.  Pour the education facts through a political filter and you get a skewed take.  Just as with the health care debate, those on the right champion the superiority of private schools, citing lower costs per student and higher test scores.  They would also have us believe that public education costs are far more expensive per student compared with that of private school.  Both of these ideas are easily challenged.


A widely accepted figure pegs the average cost per student for public education systems nationwide at under $10,000.  Comparatively, according to the National Association of Independent Schools, an organization comprised of private schools, the average cost of annual private school tuition per school-aged child is over $14,000.  Reports about this seem to be easily overlooked by those wishing to cash-in on the profit potential of the education business.


But isn’t the quality of education better at most of those private schools as compared to the much more heavily attended public schools?  Private schools’ high teacher-to-student ratio and their more selective community are features that are hard to deny.  However we hear little about the fact that public education systems must follow a host of state and federal laws and guidelines; many of which the private schools need not and do not observe.


Further bolstering the argument was a study out of Washington released in October, 2007, confirming that 12th-grade private and parochial school students had matching scores in core academic subjects when compared to their public school counterparts with similar family and income backgrounds.  Other more recent studies by the University of Illinois showed that public school students actually outperformed their private school counterparts in standardized math tests.

Universal Public Education is a Sacred Cow; Why Isn’t Health Care?

It can therefore be easily argued that a service as essential as education can and is provided both efficiently and effectively by the public sector.  Why, then, are so many opposed to the same idea with health care; another service that’s just as essential?

It’s Not a Free-For-All in Canada
First of all, don’t think that every aspect of health care is included in the package.  The government does not pay for most Canadians’ prescription medicines.  Just like the American experience, most Canadian prescriptions are paid for by way of employment benefits packages or it’s a self-pay deal.  (But the Canadian government does cover prescription costs during in-hospital treatment and for patients in certain income and age brackets.)  Another thing that most Canadians pay for is just about any surgery that is elective and not medically necessary.  So that face-lift, laser scar removal or tummy tuck – well - you’re on your own.  The same applies when it comes to dentistry, orthodontics, optometry and eyewear, chiropractic care, and other medical areas that fall outside traditional physician-provided necessary care; for the most part, Canadian patients or their employer insurance carriers pay for these services and treatments.  These things are generally not coming out of the public purse.


The Canadian medicare system covers, in full and without question, all necessary visits to family physicians and specialists, all necessary medical tests, and all necessary hospital stays.  Quite simply that means no bill and no nasty surprise.


What are the specific costs north of the border?
According a report by the Canadian Institute for Health Spending, in 2008 health care spending in Canada was just over $170 billion.  That covers all aspects of costs and comes out to $5,170 per person.  Which nation boasts the highest spending?  Spending in the US is now over $7,000 per person annually.  A recent analysis in Memphis Tennessee’s Commercial Appeal newspaper showed that the average American needs to work through the months of January, February and March just to pay for his or her share of the health care bill.


How does the old axiom about statistics go?  Liars figure and figures lie.  Yes, it’s easy to skew the truth with statistics, but it’s hard to argue with bottom-line costs from trusted sources and the real-life experiences of real people.


Regardless of whether you sit on the left, the right or on the fence itself, there’s no denying one more fact.  Since universal medicare was legislated in Canada by Tommy Douglas in 1961, Canadian patients have not had to worry about losing their homes, going bankrupt or plundering their retirement savings as a result of the cost of treating a major illness or disease.


Ask any Canadian and they’ll tell you that knowing they’ll always be covered is peace of mind; which, in itself, is quite therapeutic.



Read Part 1 of this series, The Truth About Canadian Health Care; and Part 2, Real Life Stories About Canadian Health Care.


Visit http://www.themorethingschange.weebly.com for more articles and columns by Stephen J. Kristof.

About the Author

Stephen Kristof is a writer and a professional instructor in media production. In addition to his articles and opinion pieces, Stephen is also the columnist for his humorous "Go Figure"© Lifestyle Columns. His previous work in broadcasting and his entrepreneurial experience in both advertising and career preparation have broadened Stephen's perspective on many relevant and crucial issues of the day. Visit his website at http://themorethingschange.weebly.com/

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Ontario Employment Law?

Let's say you've had a vacation/personal leave of absence planned for months. You've gotten approval to take it, and you've booked the tickets. Can an employer, in Ontario, tell you later that you can no longer take that vacation? What recourse is there legally in terms of compensation for tickets purchased (monetary damages)? Can this in any way be considered "wrongful dismissal" if the employee decides to take the vacation as planned and is fired as a result?

The Employment Standards Act does protect you to a certain extent. This depends on how long you worked for the employer, and how long your vacation is scheduled for. Check out the link below for full vacation rules.

You might want to consider weighing your options with your employer, as you said you previously received approval to take the time off.

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APPRAISAL OF INDIAN SITUATION- EFFECTIVE UTILISATION OF ICT IN INDIAN PERSPECTIVE

Today we are living in the age of information, and communication where the information societies are rapidly transforming themselves from information society to knowledge society. Information society or rather its Japanese term “Johoka Shokai”, was perceived by the Japanese writer, Yoneji Masuda, “as a society, which would eventually move to a point at which the production of information values became the formative force for the development of the society.”

               In India the significance of communication in equipping people with new information and skills; and mobilizing them for their willful participation in various development programmes and activities has been well recognized and emphasized in the country's blueprint policy i.e the five year plans. Communication is fun, Communication is power, Communication is money and Communication is intelligence today. So a country's growth, cultural moorings, its inner strength and competitive edge all depend greatly on communication power. In the recent years the country is on the threshold of a new communication revolution of which satellite, TV, Video are major manifestations. In this information age from high frequency wireless communication to digital compression technology, to microwave communication to silicon chips, satellite communication, optic fibers, telematics, computer graphics, Internet, world wide web, Internet protocol TV(IPTV),interactive TV(ITV),digital audio broadcasting(DAB),multimedia and so on, there is no stopping and no looking back. Communication wise the whole world is technically knit together and with the constraints of time and distance disappearing, it has been possible for humanity at large to be integrated at intellectual, economic, cultural and emotional levels, by sharing a global commonwealth of human resources, transforming the whole world virtually into a 'global village'.

        

NEW COMMUNICATION TECHNOLOGIES-Different  Perspectives And Significance

 

            The concept of global village by Marshall McLuhan is becoming increasingly interconnected by communication technologies that is gradually defining the way we look at the world. The Gutenberg era is over. A new digital communications technology has emerged. An electronic superhighway is beginning to girdle the globe as voice, video and data converge bringing in the wake a new basket of digital multimedia and interactive communications technologies. New technologies such as Global Satellite of Mobile communications(GSM),General Packet Radio service(GPRS), Teletext, Videotex, Virtual Private Network(VPN), Wi-Fi, Coded Division Multiple Access(CDMA) etc are gaining wide acceptance due to several advantages like--

• Interactivity
• Demassification (As opposed to the old economy (which focused more on mass production and mass broadcasting to a mass audience), the new economy breaks down (demassifies) production. The focus, in terms of production, is now shifted to customization, segmentation, and individualization. This trend leads to narrowcasting).
• Asynchronity (the exchange of data, figures, and conversation takes place on a real time basis, without the presence of all the participants).
• Immediacy
• User friendly

• Narrowcasting(A narrowcast is the transmission of data to a specific list of recipients. Cable television is an example of broadcast model in which the signals are transmitted everywhere and anyone with an antenna can receive them. The internet uses both a broadcast and a narrowcast model. To transmit to selected individuals. Cable TV and satellite radio are examples of narrowcast services because they reach only their subscriber base. Mailing lists are another example.)

• Infotainment(A television program with a mixture of news and entertainment features, such as interviews, commentaries, and reviews).
• Ease of updating
• Instantaneous message dissemination
• Time saving and
• Cost Effective

                              

Marriage of mediums or rather, Convergence is today a reality and India is fast waking up to the digital era, re-shaping the way the individuals and organisations produce, process, market, collaborate and share information. The launch of paid Internet radio services on Yahoo! And Rediff.com, Edge, Third Generation(3G) and Bluetooth, Internet on TV, are some of the new technologies that have been used for the benefit of mankind. At the same time ,there is an increasing demand from consumers for data delivery, telephony services, global roaming, e-mail, video and Internet access on one single device. These needs have resulted in global standards that are more open, making available the vast knowledge base and providing substantial increase in productivity, a better quality of life, enhancements in education and recreation and cross cultural understanding.

 

 COMMUNICATIONS SCENARIO: Then And Now

 

                        Coming to the access of these new technologies, no wonder it can be safely said that the Indian middle class have moved at a much faster pace than expected. If you still deny than consider the communications scenario.

Within a decade the average citizen owns a private telephone, television and personal computer. In addition to these ,telephone and Internet access is increasingly provided by phone booths and cyber cafes situated in public places. In 1947 it, when India gained independence, it had only 84000 telephone lines, to reach out to a population of 300 million. By 1999,India had an installed network of over 25 million telephone line, spread over 300 cities, 4869 towns and 310897 villages, making India's telecommunication network the 9th largest in the world. Another most successful achievement was the introduction of mobile telephone services in 1995, along with pager services. By 1998,India had one million cell phone users in its four metropolitan cities, with 45% in Delhi followed by Mumbai 35%,Calcutta 12% and Chennai 8%.Another 500000 or so existed in towns and cities. Previously the use of cell phone was restricted only among the urban elites, corporate leaders and business professionals, but currently the omni presence of rural phone in rural setting is also very much conspicuous. These services satisfies the strong cultural need of the pan Indian to keep constantly in touch with the family members. For a vegetable seller in a remote village of Karnataka, uses his mobile phone ,to supply and take orders for his customers, who lives in far off villages. He has no pucca house, nor he has any pucca shop. What he has is a small make shift shop, a two wheeler moped and a Nokia 1100 mobile phone. Again Yashwant Singh a villager in Hoshiarpur of Punjab, owner of several trucks, has purchased cell phone for his truck drivers, to keep with them in constant touch. Many well to do farmers in India often own mobile phones keeping in touch with block and district level officials, checking market information, scheduling transportation, pick ups and so forth. Many mobile users access mobiles for listening to FM radio or MP3 DVD player,capturing images and videos and simultaneously transfer them via infrared or Bluetooth to other mobile users,use multimedia through 3G(Third Generation),send SMS and MMS playgames and various other purposes.

                    The traditional sectors like radio and television have also undergone functional displacement, owing to the changing times and needs. DTH (Direct to Home) technology which takes cross border satellite programmes direct to viewers homes without the intervention of cable operators, is the future of TV.DTH TV is digital and interactive and offers up to a hundred subscription channels. Also development of radio has taken giant strides in the past few years. Satellite radio was a major innovation ,followed by Podcasting , which is currently riding high on the success of Apple computers ipod. Technically speaking Ipod are basically digital basic (MP3)players with local storage and Internet connectivity-the latter is required for downloading audio and other files from web servers via RSS or XML protocol. Podcasters are like web loggers ,amateurs who create radio like programs of commentary, music and humour, save them in MP3 audio format and post them as websites which are ipod enabled. Then there is Digital Audio Broadcasting which consists in combining a series of services into a frequency band called a base group, enabling a multiplex bit stream to be created in which services of all shapes and sizes can be transmitted, thus providing perfect sound quality, free of interference, capable of serving a mobile audience.

                     In the case of personal computers, one important factor promoting the diffusion of personal computers, in India, in the late 1990s was the rise of various financing schemes. More and more middle class could purchase computers. Till 2000 a typical Pentium II desktop computer cost about 50000,which was quite a heavy burden upon the middle class. But the things changed with the alternative model of an assembled piece where the consumer brought the computer home, by choosing the specific configaration of a computer-like the speed and amount of ram, modem speed, speakers and monitors etc. and surprisingly all this within a very affordable range. Now the situation has changed to such an extent that even branded laptops are available for rs 30000.the enthusiasm for the computers was immediately visible through the internet. Cyber cafes were quick to catch the pulse of the market and in 1995 after Internet connectivity was made available to the individuals and the organisations, on a commercial basis, cyber cafes sprang up to add zeal..These cafes unleashed opportunities before an individual. It enabled an individual to log on to the net, surf it, play games, watch video, e-mail, chat,e-shop for Rs10/-15/per hour. Initially urban centric now it has spread its wings to rural areas too, by upgrading themselves into ICC(Internet Community Centres ), providing net surfing, net telephony, telephone, multimedia, video conferencing and photocopying services all in one.

                           Further the Internet gave rise to an era of e-business-both e-marketing and e-commerce. E-marketing requires the use of the Internet to market ones products and services, and e-commerce is commercial transactions between two parties on the Internet. In India though these concepts are relatively new, yet many individuals and organisations are entering into these business as they are time saving, cost effective and most important of all ensures 100% transparency and improves efficiency. The age old concept of middle class, underhand activities and unethical practices and unjustified harassments are gradually being overcome by these e-business. Some of these e-business companies who have establised themselves as a reputed brand name in the international arena are Metal Junction Services limited, e-bay, Amazon.com, Aditya Birla, IFB, Dell, etc. Today the Internet is accessed via cable TV, telephone, mobile phones, palm tops, and DTH apart from the conventional computers.

1.                        The Internet has ushered into a new era where it is concerned with the creation of wealth not only through production, processing and transportation of goods but also through information- networks using technological know how, management practices and remote processing, like customer  help ,medical transcription, data and research processing etc. Internet has given rise to several new occupations like website designing, e-commerce, Internet patrol, technical writer, content developer ,multimedia specialist, graphic designer, etc. Today tele working is gradually in rise in India, considering the presence of a solid telecommunications infrastructure,   favourable policies for free global trade, and the availability of low cost English talent. Several BPO's and KPO's are gaining wide popularity among the young university graduates. The corporates, the organisations,the educational instituitions are armed with the newest of these technologies like VPN(Virtual Private Network), Wi-Fi, V-SAT and broadband etc.

(DIAGRAM IN THE LAST PAGE)

        

  CASE STUDY 1

 

  Andhra Pradesh has already implemented four e-governance initiatives, adopting the old and new technologies like -

 

?      CARD-Computer Aided Administration of Registration Department

This enables a person regarding registration of land ,purchasing of land,ascertaining marketing value,transfer duty,etc. that which took earlier days and hours,now took only 15 mins.

?      APSCAN-Andhra Pradesh State Secretariat Administrative Network.

?      APSWAN-Andhra Pradesh State Wide Network

Both of these networks help in interaction among the villagers ,government officials, block development officers, chief minister, state secretariats, and the extension agents through video conferencing.

?      TWINS-Twin Cities Network Services

  This services is provided to the two cities of Hyderabad and Secunderabad. Here the citizens are provided all kinds of services like-electricity bill, phone bill, driving license, holding tax,insurance claim-all under one roof.

 

 CASE STUDY 2

 

               In a rural country like India, health remains a perennial problem. But Maharashtra has achieved astounding success in routing information to the villagers not only health conscious but also avail them of all those benefits of doctors and medicines, that their urban counterparts are habituated to enjoy. Its a dose of e-medicine for rural folks across the state. The doctors and experts together treats patients in the remote interiors of Maharashtra via satellite. Civic authorities ISRO (Indian Space Research Organization) and state officials have joined hands to make success their project. Here the patients in the rural areas get easy access to the modern facilities without having to travel long distance and spending big bucks. Thus the patients and the physicians in distant areas remain in constant touch via telecom network.

 

 

CASE STUDY 3

 

               Recent government records show that more than 25% ( 59 million school-aged children ) are still not enrolled in a school. Despite these poor figures in education , India has highly competent human resources as also a strong base in ICT, which if utilized to its maximum capacity in future , India will be among the topmost Asian countries. the Bridges to the Future Initiative –India ( BFI) seeks to improve the basic skills, literacy and entry in vocational skills of out-of-school youth and young adults in poor communities in several Indian states. to achieve these goals , the BFI employs innovative and cost-effective ICT tools and methodologies to improve the quality of teaching, learning in basic and vocational education and to assist community members in obtaining information resources that can improve their daily lives. At the official level , the BFI is situated under the patronage of MHRD and state education agencies ( initially Andhra Pradesh and Karnataka, where formal MOU’s are signed in May 2001.).

 

INDIA'S INFORMATISATION PROCESS

 

                  India's informatisation process started  in 1990,which accompanied by the liberalisation , globalisation and privatisation policy, opened up borders for several MNC's like McDonalds, Reebok,Pepsi,Coke etc. And also encouraged individuals to come forward to set up their own private organisation. The NEP (New Economic Policy) by Manmohan Singh reflected Indias enthusiasm to pursue an informatisation route. Prior to this Rajiv Gandhi government instituted favourable policies in electronics, software and telecommunications and pushed for the application of information technology in computerising the Indian railways reservation system,banks and land records. During his tenure, the Centre for Development of Telematics (C-DOT), The Centre for the Development of Advancement Computing(C-DAC)) and the NIC(National Informatics Centre) were established. Also he invited Texas instruments,GE, and Hewlett Packard triggering the rise of Bangalore Technopolis. Further the establisment of a National Task Force in 1998 in the Atal  Behari Vajpayee,regime under the co-chairmanship of AP's  the then chief minister Chandra Babu Naidu was a watershed event in India's road to informatisation. Its action plan made 108 recommendations on ways of utilising technologies for socio-economic development,it recommended the privatisation of internal services,the waiver of license fees for private Internet, service providers allowing ever cable operators and ISD/STD booth operators to use their infrastructure to enhance Internet access and zero duty on all it products by 2002 ad .It further recommended that software and IT be treated as a priority sector by banks for five years and that students, teachers and schools be offered computers at reduced prices. The task force wanted every ISD/STD  booth in the country to be turned into an  information kiosk providing access to the Internet and related  services like e-mail. More over in 1999,it introduced  an IT bill in parliament for facilitating e- commerce and e-business activities and created a 25 million venture capital fund to fuel computer start ups.

Not surprisingly some of the famous and richest IT Indians are Aziz Premzi (Wipro), N R Narayanmurthy (Infosys), Vinod Khosla (co-founder of Sun Microsystems) , Sabeer Bhatia(co-founder of hot mail) and Sam Pitroda,who had spearheaded the country's communication revolution to a large extent.

 

 From the above situation one can summarise the India’s  informatisation effort-

 

?      India has vast potential to compete with world's best -Japan,Germany,U.S,and U.K .The rich resources,huge talent and billion population should be tapped by the Indian government and thus facilitate innovation, enterpreneurship and creativity, rather than stiffling it or creating barriers like red tapism, bureaucratic hassles in approval and licenses. India's enthusiasm and zeal should motivate young enterpreneurs to come forward and be an active member in the participatory process for socio-economic development in the country. The informatisation strategy through which an information society emerges centres on new communication technologies, on research universities where technical brainpower is trained and research and development is conducted,and on favourable government policies. With this India is poised to become an it world power.

 

?       The infrastucture,the economic policy and various other policy and strategies should be directed towards facilitating of India’s communication revolution .For eg the PCO's, ICC's, cyber cafes that have come up has not only provided employment to the young people but also has enabled the individuals to empower themselves and others with knowledge and information.

 

?      Indian personalities should also play a role model for the coming generation. The role of conventional media like radio and TV should be imitated and most importantly folk media should be merged with it to create a far wider acceptance. The DD should be more innovative and the government should ensure the cable TV /DTH participation towards a more socially responsible approach rather than only spinning off money.

 

With the development of technologies in the past few decades , the role of information and communication technologies(ICT), in improving economic efficiencies and enabling social development . Governments , the private sector  and civil society alike note that , “ vast no’s of people are excluded from the benefits of these technologies , in particular people who lack the infrastructure, skills , literacy and knowledge of the dominant internet language-English. They also recognize the opportunities for ICT to bring about change not only to address existing obstacles  to the social and economic development of these groups , but also to transform the very systems that create these inequalities in the first place . ICT must be deployed to build an information society  where everyone specially disadvantaged women, poor and rural people – can fully participate as citizens and reap the benefits of the information revolution.

According to Robert Schware , lead informatics specialist, the global ICT dep’t, of the World Bank, said-that India did take up over 200 pilot projects in the area of e-governance ; out of which only 100 are worth taking up full scale and can be replicated in other parts of the country. In his answers , to the global scenario in e-governance , he said- “that it is estimated that approximately 85% of e-governance projects in developing countries are total failures, approximately 50% are partial failures, only some 15% can be fully seen as success.” Though he commented that the primary factors for the failures include inability to deliver government services that provide benefit to citizens or business, lack of clarity on business perspective , projects are done in dept-al isolation rather than via a single co-ordination body and lack of political will and leadership and lack of skills in project management among some.

There are many countries that have achieved a reasonable amount of success in their e-government initiatives. For e.g. according to Cap Gemini Ernst & Young consultants , during 2003, Denmark had achieved 72% of government services on line with an 87% score on degree of sophistication. Other countries that have high rate for particular e-government services includes the U.K, Spain, Greece, Finland, Austria, Belgium, Bulgaria, Romania and Mexico. According to Sudhir Narang, Vice President, government and service provider business , Cisco systems , India & SAARC, “ almost every state has an it policy in place with the aim of evolving itself from being an it aware to an it enabled govt. state govt’s are fast recognizing the benefits of an it-enabled working environment”. Shivaji Chatterjee , senior director , sales and marketing, Hughes Escorts Communication, says “ IT has a vital role to play in all transaction that the govt undertakes. It helps the govt cuts red tapism, avoid corruption, and reach citizens directly.” Adds Rajiv Kaul, MD Microsoft, India –“ a strong technology infrastructure can help central and state govts deliver a comprehensive set of services to citizens.” The Karnataka’s govts ‘ Bhoomi’ project has led to the computerization of the countries old system of hand written rural land records. Through it , the revenue Dep’t. has done away with the corruption ridden system that involved bribing at every step. ITC’s E-Choupal unique web based initiative  offers farmers the information, products and services they need to enhance productivity , improve farm-gate price realization and cut transaction costs. Farmers can access the latest local and global inform on weather , scientific farming practices, as well as market prices at the village itself through this web portal all in Hindi.  The national e-governance plan ( 2003-2007), reflects the strategic intent of the central govt. in the right perspective. In the future State Wide Area Networks (SWAN), & Community Information Centers ( CIC), projects have to be rolled out , backed by a strong Public-Private Participation model( PPP), to achieve long term sustainability. Already the United Nations Development Programme (UNDP) and national institute of smart government ( NISG) has hosted India’s first S. Asia public sector ICT summit. The theme of the summit was ‘ new models for e-govt. in S. Asia and the world’ & was targeted at senior govt & policy makers from the countries in S-Asia including India. 

Again if the example of Mizoram , then it can be seen that ever since its inception in 1989, the continuous and tireless efforts of NIC Mizoram have resulted in spreading of ICT culture in the state. NIC along with the government of Mizoram has taken up many initiatives in facilitating and promoting e-governance in various sectors such as transport, land record, public health engineering, accounts and treasuries etc. –

For eg in transport communication ‘ Sarathi’ and ‘Vahan’ provide provide a complete solution for district transport office ( DTO) computerization including registration , licensing, permit and enforcement, tax and fee collection etc. a vehicle statistics information systems has been developed that helps in collection of various reports required annually by state transport authority of Mizoram.

 

26 CIC ( Community Information Centre) have been established since 2000 which are equipped with computers , VSAT, TV, web cameras, printers, ups etc . Two qualified operators manage these CIC’s , which provide the following services to the people in the far flung and remote areas of the state. E-mailing , web browsing and document priority; imparting IT training to the villagers, students, etc, providing G2C ( government to consumer) services such as support for BPL survey, village council elections, publications of tenders, notifications etc.

 

  PROBLEMS ENROUTE TO INFORMATISATION

 

Though from the above discussion it might seem that India has successfully become an information society and can be considered for future knowledge society, yet wait before coming to any conclusion .consider these:

 

?      Although India ranks 18th in the world in terms of usage of TV, radio, and Internet and with an entertainment industry having as size of Rs 14,400 crore in 2000, which is expected to rise to Rs 80,000 crore in 2009,yet amidst the expected fast rate of media development, rural India is marginally affected. Without effective communication no society can be apt enough to adopt dynamic models of development communication. Rural India faces a lot of problem. They are:-

1.     Wide communication gap

2.     Traditional values and attitudes

3.     Large and diverse population

4.     Low socio-economic status

5.     High cost of mass media

6.     Illiteracy

7.     Stereotypes and prejudices

8.     Low motivation

9.     Defective opinion leadership

10.  Persuasion difficult

11.  Feedback difficult

12.  Acute social deformity

                                 In a society where till recently the mother has scarcely spoken  ,the wife has spent her life without virtually seeing her husband, loveable children are produced without seeming parental interaction, it is very difficult to consider the meaning of communication and hence such a society demands mutual interaction, literacy dissemination, physical interaction, institutional transmission, political participation and cultural togetherness.

 

?      Indian media is largely urban centric. All the development that have taken place in the recent years gave rise to a rural urban divide. The important challenge is to reach the unreached and to include the excluded in its efforts to create an information society for all. . Starting by consulting at the grassroots level is essential. Top-down projects generally don’t work. These end up by providing information that people do really need or use at an incomprehensible level of technical detail and terminology.

 

 

?      The effective utilization of ICT is still unknown to many. The lack of policy support and political will is also due to lack of awareness of economic, political, and social benefits ICT, can bring. The level of awareness among professionals and decision makers in the region about the role of ICT in development is generally low.

 

?      Connectivity and access at an affordable cost in the region in particular, in rural and remote areas is still a problem. Computer literacy is low and the common model based on individual computer access in most cases is unfeasible due to high computer costs and lack of energy resources. Low cost devices such as handhelds can contribute to mitigating this problem, but they are not available or they do not have any utility value in many rural or marginalized societies. The same applies to other useful communication technologies such as low cost FM radio stations, but here the challenge is often the lack of political will to open the broadcasting sector for communities to own and manage community radio/TV. Even the radio/TV sets provided by the government remain unutilized due to reasons like intermittent electricity supply, want of repair, or inadequate infrastructure.

 

?       Internet has been largely popular with the people who are well conversant in English. Lack of appropriate local content and diversity in the Internet like local language, local problems and local needs has posed the greatest challenge. Development of local content in many language has been insufficient due to lack of language processing capacity. Tools to capture analogue content into digital form for many Indian languages are yet not available and this has slowed down the digitalization of existing analogue content in text mode and the development of pages enclosing indigenous knowledge. Incapacity to develop local content is equally a challenge for many electronic media and in particular for cultural and educational programmes suitable to local audiences.

 

?      Lack of software, lack of local trainers capable of imparting various skills related to ICT, content development and media operations a challenge which makes it difficult to extend the information society beyond affluent citizens in the region. Moreover most software’s are prepared by persons who have no knowledge about rural people, they are born and brought up and fed on the contents of Zee, Sony , Star Plus etc. difficulties abound . in one e.g. , the officer involved in computerizing land records in one Indian state recently said more than half of them are either legally contested , or in the names of the dead people , or illegible etc. yet the computerizing of land records is on the agenda of almost every Indian state.

 

?      The most of the traditional systems have not been exploited fully. Lack of innovativeness and creativity is a major factor. Generally all the programmes are made with the bureaucratic mentality, such that if the programmes are educative , they are boring as they cannot sustain the interest of the viewers for long and if they are entertaining they are not educative. Consequently they lack the personal touch and hence lack credibility. More so with the failure of public service broadcasting, the meaning has lost somewhere in the bureaucratic tangles. The information people initially say they need , may not always be what they end up using . in the M.S. Swaminathan Pondicherry project , for e.g. , male farmers originally said they needed information about agriculture. In fact , their largest single usage of village info. Kiosks was to get information about government programs.

 

 

?      India underwent a high degree of change in terms of commercialization and media information. Proper utilization and meaning of information has been distorted to give rise to western media imperialism and consequently the digital divide. The information gap is real and and runs between north-south, rich-poor, young-old, literate- illiterate, rural-urban, and men-women.

 

?      IT should not be simply identified with computers and internet. Some of the inventive uses of the IT involve radio, television and embedded chips, potentially useful satellite inventories etc. The classic e.g. is the use of automated butterfat assessment equipment in Gujarat , which has radically simplified the process of automating milk and paying diary farmers.

 

?      Lack of business process modification- in many well meaning projects & duplication of the manual process in the it environment was seen as major reasons for the end users / citizens not associating any value addition with the projects & looked upon e-governance as an unwelcome addition to the hurdles to be crossed before getting the work done. For e.g. in depts. Which maintain land records specially in rural areas the details regarding land ownership , cropping patterns etc were computerized , but no legal sanctity was given to the output generated by such systems in absence of a commensurate change in the status.

 

?      More talk than action- lot has been talked about. Seminars , conferences and workshops at national, international, local level has taken place a lot. Various five year plans have been planned. But few actions have taken place in reality so far.

 

?      Financial sustainability- the goal of financial sustainability is rarely achieved . granting that initial start up costs have to be borne by someone, very few projects even plan for long term sustainability and even fewer achieve it.

 

?      A successful commercial ict sector does not necessarily trickle down to ordinary Indians. Proposals by state governments to develop it for the masses often place primary emphasis on developing software technology parks , improving education at higher levels of information technology etc. though these goals are praiseworthy , yet there is very little evidence as to the increased growth rate of software industry in relation to improved living conditions, more schools and colleges, better healthcare, eradication of poverty,, more jobs, or any other benefits.

 

?      Apparently technical decisions concerning it regulation, bandwidth allocation, pricing mechanism, transmission standards etc, can have profound effects on whether or not information technologies benefit ordinary Indians. One case is the requirement that internet service providers guarantee to cover an entire state. This effectively precluded local entrepreneurs from providing internet connectivity in small & medium towns , unlike local initiatives that have helped spread satellite television rapidly in rural India. Analysis of the impact of technological decisions on it for the common man is largely absent.

 

?      Wiring India- until the cost of last mile of basic devices & of local language software are brought down , the goal of wiring India will remain unachieved . Though low cost technological solution alone cannot solve the problem, but they are requisites for it India.

 

?      Credibility- one cannot believe in what they are told. A no of projects that are publicized turn out , on a site visit , to have closed, or not yet to be in operation, or to have detoriated from their stated original goals.

 

PROMISES OF ICT-

 

• One of the most promising uses of ICT. In practice , it involves distinguishable activities-

1. E-governance- It is the computerization of government functions itself, as discussed specially by Andhra Pradesh. This proposes connecting the state government headquarters to district officials , computerizes registration, legal proceedings, land records, state offices etc, for the benefit of the administrators of the state. Also e-governance may also mean government to people and people to government connections whereby citizens obtain direct access to records, rules and information about entitlements that they need or want in their daily lives.

 

1. E-commerce- B2B , B2C, C2B, C2C platforms can be utilized fully for the benefit of the customers as also for the business organizations, for an efficient and smooth transaction, free and fair trade practices.

 

1. Commercial funding- commercially funded ICT networks have considerable promise. For e.g. the Warana project, though heavily funded initially by the state of Maharashtra and by Delhi , is currently maintained by the sugarcane co-operative in the area and offers tangible benefits to sugar producers and growers. The E.I.D. Parry project in Nelikuppan Tamil Nadu expects advantages in terms of  improved information to their producers about best agricultural practices. ITC-IBD has set up a large no IT Chaupals for soya bean, shrimp and coffee farmers with the goal of reducing the costs of production that currently go to middlemen. It has enabled economic capacity to proliferate at the base of the rural economy by providing farmers with farming know-how and services , timely and relevant weather information, transport price discovery and access to wider markets. Many people in developing countries lack access to basic financial services such as savings, credit, insurance and money transfers. Most of the transactions in such economies are in cash and involve very small amounts. Services supporting the unique requirements of these types of financial transactions can be very useful. A case in the point is M-PESA, one of the more popular services for developing countries ,offered by safaricom which is Kenya’s leading telecommunications company. Currently only 10% of Kenyans have formal bank accounts and M-PESA allows people without bank accounts to complete simple financial transactions, primarily person-to-person money transfer. Since the introduction of the service in march 2007, three million users have registered, and the service has been growing in popularity.

 

1. While the needs and wants of the urban wealthy are familiar to the developed world , the unique needs of communities closer to the base of the pyramid suggest interesting new services opportunities.

 

At IBM’s India research laboratory , the researchers are trying to develop a mobile software platform, called the ‘ spoken web’, for delivering the above kinds of services to communities in emerging countries . the spoken web is a network of voice sites , which exists and operates on the telephony network rather than the internet. Accessing the spoken web does not require an expensive computer , an internet connection or the ability to read and write . people can browse voicesites by talking to them and traverse from one voicesites from another via voilinks, and even conduct transactions simply by talking. What’s more a phone number can act like a URL in the traditional web , and one does not need a high end mobile device to access the spoken web, a plain old rotary phone can do the job. Interaction with customers and dissemination of government information everything can be possible in the mobile web.

 

 

INDIAN KNOWLEDGE SOCIETY

 

                     Even though there are huge disparities en-route to informatisation, India's focus on growth of the ICT sector has paid rich dividends in terms of export earnings, employment generation and its image of an emerging economy. Large corporations are becoming competitive by  deploying enterprise wide solutions to interpret data and make panning and decision making data based. Many have started to feel that the next century will be the century of knowledge. A nation's ability to convert knowledge into wealth and social good through the process of innovations going to determine its future. The economics of knowledge will dominate the coming century.

              

                     To meet the twin objective of growth with equity ,knowledge cannot be the prerogative of a few, everyone in the society must have access to knowledge and become knowledge workers. Nations which do not create knowledge societies will vanish into the oblivion. But those that do create knowledge societies will have the potential to lead the world. Now before embarking into a knowledge society , one must first know what is a knowledge society? Creation of a knowledge society should revolve around creating, sharing and using knowledge and information to create wealth and improve the quality of life. Knowledge can be defined as familiarity gained by research and experience, and includes

• Know What (knowledge about the fact),
• Know Why (scientific knowledge of the principals and laws of nature),
• Know How (skills or the capability to do something) and
• Know Who (information about who knows what and how to do what).

                      If the Indian society has to become a knowledge society, then it is important that every Indian becomes a knowledge worker. We need to recognize the concept of a knowledge worker  in the broadest possible sense .It is not scientists and technologists alone, who will be knowledge workers .Even a farmer can be a knowledge worker, provided he understands the soil that he is sowing his seeds in and how he lives in an information village, where he has the benefit of short and medium range weather forecasting to plan his farming activity and so on.

 

 

PRIORITY OF A KNOWLEDGE SOCIETY

 

                     A knowledge society is characterised by new structures of knowledge, methods of dissemination and a technology that permits and sustains unrestricted access to knowledge control over it. Since all human activity uses and creates knowledge, the existing societies are also, in this sense, knowledge societies. Human activity uses and creates knowledge and each society should be characterised and identified by its knowledge base (Lokavidya).

           

                         The societal transformation has to be through large-scale development in education, health-care, agriculture and governance. These will turn to employment generation, high productivity and rural prosperity. Such models should aim to provide opportunity for rural economic development and prosperity. Youth in the locality could be easily trained to cater to the requirement of IT enabled services. This will also make available place and manpower at very cheaper rates when compared to urban localities. This will also aid in stopping movement of families towards urban localities .More so the model should try to improve the quality of life in rural places. Knowledge powered rural development is a essential need for transforming India into a knowledge power and high bandwidth rural connectivity is the minimum requirement to take education, health care, and economic dynamism to the rural areas. Knowledge society leading to knowledge superpower can prosper and survive only in the environment of economic security and internal security. Nation has to work for transformation into developed India. For eg if people find that they can book railway tickets through the web in a reliable and secure manner , then nobody will take the pains to travel by scooter or the bike.

 

 

 

CASE STUDY 4

 

 The knowledge system for sustainable food security in the villages of Pondicherry has the empowerment of rural women, men and children with information relating to ecological agriculture,economic access and utilisation as its goal. Such a knowledge system is being managed by the local youth at the village knowledge centre from where the computer aided information system is operated. Farmers who are becoming the knowledge workers are also being trained to maintain a “soil health card “to monitor the impact of farming systems on the physical,chemical and microbiological components of soil fertility.

 

           Enlightened citizens empowered with knowledge will be able to see the crucial link between the 5 E's namely environment,ecology, economics,equity and ethics. They will then not be guided by misinformation fed by vested interest groups. But they will use their knowledge to decide on their own as to what is wrong and what is right. They will not stop projects that lead to economic development but they will stop those that lead to destruction .

 

CASE STUDY 5

 

     ICT policy of Malaysia

 Malaysia being a middle income economy is able to shift from agrarian society in a single generation(during 60's to 80's).ICT has played a dual role in the development of Malaysia, one in product sector and another one   as a strategic enabler. Malasia took two major initiatives to address both the issues of economic competitiveness and social equality, such as Multimedia Super Corridor(MSC) targeting economic development and National Information Technology Agenda(NITA) targeting social development. In 1996 National Information Technology Council (NITC was formed in 1994) came out with national IT agenda , with a people centred approach to development. Ita was operationalised with five e-trusts model. They are e-economy,e-public services, e-community, e-learning,and e- sovereignity.

 

   Access to knowledge can impact effectiveness when individuals feel enriched (with new ideas, solutions to problems) and are able to seek information at the time and place where it is needed. Thus knowledge management initiatives should supplement traditional networking through face to face contact. The rural populace lacks the life skills required to filter through the vast information available on the Internet and identify information most relevant to them. The role of intermediaries in interpreting the information needs of rural communities ,collecting the information from public domain sources and dissemination of the information in local text and idiom is very important, as has been demonstrated in pilots in Kothamale and in Pondicherry.

 

  STEPS NEEDED FOR FULL PROOF KNOWLEDGE SOCIETY

 

?      Creation of IT mind set in India-

Information and technology are moving so fast that it has been impossible for general public to keep a tab on the events. There is a  need for awareness of it among the people and its utilisation. For e.g. many people though know what is Internet, they dabble with only its minimal applications whereas it has far reaching and in-depth utilisation and impact.

 

?      Promoting development of an enabling policy environment-

To be a knowledge society India needs to develop holistic national policy promoting an enabling environment for a knowledge society for all .In the policy development process special efforts should be taken to address to equitable access, human resources, and application development. Also the linkages between the knowledge society and media and in particular public service broadcasting as a conduit for educational and cultural content should be addressed as an integral part of the policy formulation process and media law revisions .In formulating policy India should encourage transparent dialogue with all the members including the civil society ,communities and private and public sector agencies.

 

?      Promoting equitable access-

India should promote shared access through community multimedia centres and conduct assessment of current access models. India should support innovations in low cost community access targeted specially at marginalised groups. With the possibility to use ICT, librarians and archivists offer great potential as knowledge workers. Many libraries and archives in the region do not provide online access to their readers .Libraries if properly equipped with ICT ,can become for many people an effective gateway to the information society.

 

?      Enhancing knowledge management capacity-

The process of knowledge management for both content and availability is an essential part of modernisation. Human resource development in information management for knowledge workers should take a central place in India's communication and information programme. To support capacity building, particularly in the area of human resource development,India should provide training of local trainers in the fields of ICT at various levels. Also India should promote specialised training programmes for disadvantaged groups to reap the benefits of ICT particularly in ICT enabled learning and enterpreneurial opportunities.

 

?      Developing appropiate content

 India to promote appropiate content development ,should rely on creating proactive partnerships with extension services (education,agriculture,health),government agencies,non-governmental agencies,media organisations,and professional organistions. It should be geared towards the ethos and relevance of the local people,and their problems and needs. The universal access cannot be achieved without promoting multilingualism in cyberspace. India should also motivate and support the efforts of public institutes and universities to identify and promote technologies and tools capable of digitizing local contents.

 

?      Developing Public Service Broadcasting

India should continue to harness the potential educational and cultural role of Public Service Broadcasting and need for public service broadcasting to reposition itself to fulfill this function. The challenge to transform public service broadcasting as a democratic platform and an enabling tool for masses to migrate into an eventual knowledge society remains relevant. This is more so with the potential to use broadcasting as a disseminating technology for distance learning in remote rural areas with the possibility of simultaneous data casting of distance learning modules. Repositioning Public Service Broadcasting to act as an interface to bring benefits of ICT to the greatest number of people is a real challenge. India in collaboration with the partners should strive to introduce sharing of high quality educational  content through the public service broadcasting systems .There is also a need to ensure a greater gender balance and to supporting media training for women.

 

?      Promoting community radio

The central public interest principle in broadcasting is that of universal access. This principle of access should allow people to participate meaningfully in their community and society. It also includes greater access to the means of production and participating in broadcasting. Community owned and operated radio networks can make radio a truly participatory communication tool. Community radio 

1. Stimulates community participation
2. Raises the efficiency of decentralisation, enhances local level transparency and accountability. and
3. Involves people in the design ,implementation and evaluation of local development programmes.

Community radio also has the potential to act as an interface between communities and internet. Converting community radio into multimedia centres with access to information networks should be main thrust of India's approach to promote community radio.

 

?      Regional flagship programmes

India should establish regional flagship programmes.

1. ICT's for reaching the unreached -should focus on developing sustainable operational models for the unreached groups to access and use knowledge resources for development.
2. Supporting development of national information and communication policies .Should develop a resource kit for information and communication policy formulation leading to knowledge society. This will include comprehensive guidelines on the policy development process with civil society participation and
3. Human resource development -should include development of interactive self-learning training courses to increase the skills of the local trainers as well as increasing access to knowledge resources through a portal.

 

CASE STUDY 6

 

E-SEVA  project  of Andhra Pradesh-

 

From a mere 4,800 transactions a month in august 2001 to a whooping 7.5 lakh transactions a month in February 03, e-seva , Andhra Pradesh , G2C ( Government to citizen)  utilities  service project  has come of age , offering nearly 43 services ranging from payment of utility bills to issuing of certificates, permits to licenses, reservation of buses to B2C services.

 

 

CASE STUDY 7

 

The project SAUKARYAM

 

Saukaryam in Vishakapatnam is among the few projects using the net effectively to connect citizens to civic administration in real time. People can settle their bills online , check the status of building and water supply plans , receive information on births and deaths, track garbage clearance , even scan tender notices. The idea behind the project is to track every service that is offered by the corporation online; from taxation to public works to city sanitation. Also it offers a discussion forum for people.

 

CONCLUSION

 Though India can boast of an informatisation process which is going down well, yet it would be blunderous on its part to get smugged off easily with its partially achieved success. The problems which are seemingly appearing minuscule, are only the tip of an iceberg, which urgently requires timely intervention, before it assumes gigantic proportion. Instead of resting on its laurels , the government should take note of the loopholes in the machinery itself, which affect seriously the vision of this project.

 

BIBLIOGRAPHY

  1.”Within a decade....family members”, India's communication revolution-from bullock carts to cyber marts—Everett M Rogers and Arvind  Singhal—Sage Publications.

2. ”In the case of personal computers....affordable range”. India's communication revolution-from bullock carts to  cyber marts—Everett M Rogers and Arvind Singhal—Sage Publications.

1.. Case Study 1,----India's communication revolution-from bullock carts to       cyber marts—Everett M Rogers and Arvind Singhal—Sage Publications.

2. Communication revolution—Kewal J Kumar.

3.www.bsnl.in

About the Author

A First class Third Post Graduate in Mass Communication from The University of Burdwan, currently I am working as a lecturer in the Department of Media Science , teaching Advertising, Branding and Marketing in the NSHM College of management and technology. A NET qualified MARCOM Specialist, I started my career as a Guest Faculty in The University of Burdwan and Michael Madhusudan Memorial College, Durgapur. With five years of teaching experience I have wide exposures in presenting papers in conferences and seminars, and writing in various research journals and books related to branding, Advertising, PR and Marketing.My domain knowledge spans from Advertising, Marketing and Corporate communications, in short Marcomm. I have attended and presented papers in seminars and conferences of national and international repute on Branding and Marketing. I have published papers on branding in the research journal of the University of Burdwan and ICFAI Journal of Brand Management. One of my research article is published in the executive MBA Book, of ICFAI, in September 2008. Another research article on ICT, is also due to be published in form of a book in June 2009.

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I have worked for my employer in Arizona for 1 and a half years through a temp agency. I work 40 hours a week. Because I am a temp, I receive no vacation benefits and my health benefits through the temp agency are laughable at best.

Is there some limitation to how long a temp, can be a temp without benefits?

My employer is owned by the same parent company as the temp agency that employs me. It would seem they pay temp fees to themselves, thus circumventing having to pay employment benefits.

This is why you people always gripe about the government controlling everything.

You think they really do !

You knew the drill when you signed on for the job.
If you don't like it, then get a new job.

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Pasco-Hernando Community College Is The Preparatory Platform For Higher Education

Campus

Campuses of the college are located in Brooksville, Dade City , and New Port Richey with a center in Spring Hall. Presently the campus houses around 7350 students including 58% women. Located 35 miles from Tampa , the school campus has a rural setting but also has a computer campus.

Brief Background

PHCC was established in the year 1967 by legislature of Florida . Extensive undergraduate evening and early morning classes, reduced course loads, remedial instructions, study skills assistance and tutoring and learning center are some of the unique features of the college. Accelerated programs, cross registration, distance learning for online degrees, ROTC, internship, honors program, dual enrollment, ROTC, and weekend colleges are other highlights.

Programs Offered

Besides associate degrees for which it is accredited, the college offers multiple certification programs in computer science, health care, and law enforcement. An alternative teacher certification program named Educator Preparation Institute is one of the newest programs offered. In addition the college offers comprehensive distance learning programs. Dual credit and life experience are the accepted admission credits.

Unique Offers

GED preparation classes for GED diploma and dual enrollment classes for students of high schools are a couple of unique offers of the college. It also serves as a good alternative for expensive four year institutions and platform for subsequent transfers to those academies. Various disciplines are Health and Clinical science and majors in liberal arts, health care, computer, and information services are among programs offered.

Accreditation

The College has been accredited by the Commission on Colleges of the Southern Association of Colleges and schools for awarding associate degrees.

Admission

While transfer students are not ignored SAT and ACT scores are important. Specific dates for admission and other services can be seen at the state university website.

Student Services

Pasco-Hernando Community College offers remedial services, PT cost defraying employment, academic and career counseling, and career placement as student services. Several student services like economically disadvantaged student services, financial aid, freshman orientation, minority student services, on campus daycare, personal counseling, and placement services and veterans counselor are offered as well. Need based disability services are also offered.

Financial Aids

Pasco-Hernando Community College offers financial aids in form of federal, state, local, and institutional grants, scholarships, and student loans are offered by the college. Details of financial aids provided can be viewed on the state university website.

Campus

Campuses of the college are located in Brooksville, Dade City , and New Port Richey with a center in Spring Hall. Presently the campus houses around 7350 students including 58% women. Located 35 miles from Tampa , the school campus has a rural setting but also has a computer campus.

Brief Background

PHCC was established in the year 1967 by legislature of Florida . Extensive undergraduate evening and early morning classes, reduced course loads, remedial instructions, study skills assistance and tutoring and learning center are some of the unique features of the college. Accelerated programs, cross registration, distance learning for online degrees, ROTC, internship, honors program, dual enrollment, ROTC, and weekend colleges are other highlights.

Programs Offered

Besides associate degrees for which it is accredited, the college offers multiple certification programs in computer science, health care, and law enforcement. An alternative teacher certification program named Educator Preparation Institute is one of the newest programs offered. In addition the college offers comprehensive distance learning programs. Dual credit and life experience are the accepted admission credits.

Unique Offers

GED preparation classes for GED diploma and dual enrollment classes for students of high schools are a couple of unique offers of the college. It also serves as a good alternative for expensive four year institutions and platform for subsequent transfers to those academies. Various disciplines are Health and Clinical science and majors in liberal arts, health care, computer, and information services are among programs offered.

Accreditation

The College has been accredited by the Commission on Colleges of the Southern Association of Colleges and schools for awarding associate degrees.

Admission

While transfer students are not ignored SAT and ACT scores are important. Specific dates for admission and other services can be seen at the state university website.

Student Services

Pasco-Hernando Community College offers remedial services, PT cost defraying employment, academic and career counseling, and career placement as student services. Several student services like economically disadvantaged student services, financial aid, freshman orientation, minority student services, on campus daycare, personal counseling, and placement services and veterans counselor are offered as well. Need based disability services are also offered.

Financial Aids

Pasco-Hernando Community College offers financial aids in form of federal, state, local, and institutional grants, scholarships, and student loans are offered by the college. Details of financial aids provided can be viewed on the state university website.

About the Author

Pasco-Hernando Community College provides platform for migration to 4-years colleges providing education at much less expense for the first two years. Providing online degrees for students who cannot afford to attend regular academic classes it also offers facilities for online tutoring from noted scholars like Michael Russell.

Thorn | Lawrence, PL - Commercial Law Attorneys

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Method of Proposal of Wireless Power Transmission System

Early Theories of Electromagnetic Propagation


      In  pre-World  War  I  physics, scientists  postulated  a  number  of
    theories  to explain the propagation of electromagnetic energy  through
    the ether.  There were three popular theories present in the literature
    of the late 1800's and early 1900's.  They were:
     1. Transmission through or along the Earth,
     2. Propagation as a result of terrestrial resonances,
     3. Coupling to the ionosphere using propagation through
        electrified gases.

      We  shall  concern  our examination at this time to  the  latter  two
    theories  as  they  were both used by Dr. Tesla  at  various  times  to
    explain  his  system of wireless transmission of power.  It  should  be
    noted,   however,  that  the  first  theory  was  supported  by   Fritz
    Lowenstein,  the  first  vice-president  of  the  Institute  of   Radio
    Engineers, a man who had the enviable experience of assisting Dr. Tesla
    during the Colorado Springs experiments of 1899.  Lowenstein  presented
    what  came to be known as the "gliding wave" theory of  electromagnetic
    radiation  and  propagation during a lecture before the  IRE  in  1915.
    (Fig. 1)

      Dr.   Tesla   delivered  lectures  to  the  Franklin   Institute   at
    Philadelphia,  in  February, 1983, and to the National  Electric  Light
    Association  in St. Louis, in March, 1983,  concerning  electromagnetic
    wave propagation.  The theory presented in those lectures proposed that
    the Earth could be considered as a conducting sphere and that it  could
    support  a large electrical charge.  Dr. Tesla proposed to disturb  the
    charge  distribution on the surface of the Earth and record the  period
    of  the resulting oscillations as the charge returned to its  state  of
    equilibrium.  The problem of a single charged sphere had been  analyzed
    at  that time by J.J. Thompson and A.G. Webster in a treatise  entitled
    "The  Spherical Oscillator."  This was the beginning of an  examination
    of what we may call the science of terrestrial resonances,  culminating
    in  the 1950's and 60's with the engineering of VLF radio  systems  and
Š    the research and discoveries of W.O. Schumann and J.R. Waite.

      The  second  method of energy propagation proposed by Dr.  Tesla  was
    that of the propagation of electrical energy through electrified gases.
    Dr.  Tesla experimented with the use of high frequency RF  currents  to
    examine the properties of gases over a wide range of pressures.  It was
    determined  by Dr. Tesla that air under a partial vacuum could  conduct
    high frequency electrical currents as well or better than copper wires.
    If  a transmitter could be elevated to a level where the  air  pressure
    was on the order of 75 to 130 millimeters in pressure and an excitation
    of megavolts was applied, it was theorized that;

     "...the  air will serve as a conductor for the current  produced,  and
    the  latter will be transmitted through the air with, it may  be,  even
    less resistance than through an ordinary copper wire".2 (Fig. 2)
    Resonating Planet Earth

      Dr. James T. Corum and Kenneth L. Corum, in chapter two of their soon
    to be published book, A Tesla Primer, point out a number of  statements
    made by Dr. Tesla which indicate that he was using resonator fields and
    transmission line modes.

    1.  When  he speaks of tuning his apparatus until  Hertzian  radiations
    have been eliminated, he is referring to using ELF vibrations:  "...the
    Hertzian  effect  has gradually been reduced through  the  lowering  of
    frequency."3

    2.  "...the  energy received does not diminish with the square  of  the
    distance,  as it should, since the Hertzian radiation propagates  in  a
    hemisphere."3

    3.  He  apparently detected resonator or standing  wave  modes:  "...my
    discovery  of the wonderful law governing the movement  of  electricity
    through  the globe...the projection of the wavelengths (measured  along
    the  surface)  on the earth's diameter or axis  of  symmetry...are  all
    equal."3

    4.  "We are living on a conducting globe surrounded by a thin layer  of
    insulating   air,   above   which  is   a   rarefied   and   conducting
    atmosphere...The  Hertz  waves represent energy which is  radiated  and
    unrecoverable.  The current energy, on the other hand, is preserved and
    can be recovered, theoretically at least, in its entirety."4

      As  Dr. Corum points out, "The last sentence seems to  indicate  that
    Tesla's  Colorado Springs experiments could be properly interpreted  as
    characteristic of a wave-guide probe in a cavity resonator."5  This was
    in fact what led Dr. Tesla to report a measurement which to this day is
    not  understood  and  has led many to erroneously assume  that  he  was
    dealing with faster than light velocities.


    The Controversial Measurement;


    It does not indicate faster than light velocity

      The  mathematical models and experimental data used by  Schumann  and
    Waite  to  describe ELF transmission and propagation  are  complex  and
    beyond  the scope of this paper.  Dr. James F. Corum, Kenneth L.  Corum
    and  Dr.  A-Hamid  Aidinejad  have, however,  in  a  series  of  papers
    presented  at  the  1984  Tesla  Centennial  Symposium  and  the   1986
    International Tesla Symposium, applied the experimental values obtained
    by Dr. Tesla during his Colorado Springs experiments to the models  and
    equations  used  by Schumann and Waite.  The results of  this  exercise
    have  proved that the Earth and the surrounding atmosphere can be  used
    as  a  cavity  resonator for the wireless  transmission  of  electrical
    power. (Fig. 3)

      Dr.  Tesla  reported that .08484 seconds was the time  that  a  pulse
    emitted  from his laboratory took to propagate to the opposite side  of
    the  planet and to return.  From this statement many have assumed  that
Š    his  transmissions  exceeded the speed of light and many  esoteric  and
    fallacious theories and publications have been generated.  As Corum and
    Aidinejad point out, in their 1986 paper, "The Transient Propagation of
    ELF Pulses in the Earth Ionosphere Cavity", this measurement represents
    the coherence time of the Earth cavity resonator system.  This is  also
    known  to  students of radar systems as a determination  of  the  range
    dependent  parameter.   The  accompanying  diagrams  from  Corum's  and
    Aidinejad's paper graphically illustrate the point. (Fig. 3 & Fig. 4)

      We  now turn to a description of the methods to be used to build,  as
    Dr. Tesla did in 1899, a cavity resonator for the wireless transmission
    of electrical power.


    PROJECT TESLA:


    The Wireless Transmission of Electrical Energy Using Schumann Resonance

      It  has been proven that electrical energy can be  propagated  around
    the  world  between  the surface of the Earth  and  the  ionosphere  at
    extreme  low frequencies in what is known as the Schumann Cavity.   The
    Schumann  cavity surrounds the Earth between ground level  and  extends
    upward to a maximum 80 kilometers.  Experiments to date have shown that
    electromagnetic waves of extreme low frequencies in the range of 8  Hz,
    the  fundamental  Schumann Resonance frequency, propagate  with  little
    attenuation around the planet within the Schumann Cavity.

      Knowing  that a resonant cavity can be excited and that power can  be
    delivered to that cavity similar to the methods used in microwave ovens
    for  home use, it should be possible to resonate and deliver power  via
    the  Schumann  Cavity  to  any point on Earth.   This  will  result  in
    practical wireless transmission of electrical power.


    Background


      Although  it was not until 1954-1959 when  experimental  measurements
    were  made of the frequency that is propagated in the  resonant  cavity
    surrounding  the Earth, recent analysis shows that it was Nikola  Tesla
    who,  in 1899, first noticed the existence of stationary waves  in  the
    Schumann cavity.  Tesla's experimental measurements of the wave  length
    and   frequency   involved   closely   match   Schumann's   theoretical
    calculations.  Some of these observations were made in 1899 while Tesla
    was   monitoring  the  electromagnetic  radiations  due  to   lightning
    discharges  in  a thunderstorm which passed over his  Colorado  Springs
    laboratory  and  then  moved more than 200 miles  eastward  across  the
    plains.   In  his  Colorado  Springs  Notes,  Tesla  noted  that  these
    stationary waves "... can be produced with an oscillator," and added in
    parenthesis,  "This is of immense importance."6  The importance of  his
    observations is due to the support they lend to the prime objective  of
    the Colorado Springs laboratory.  The intent of the experiments and the
    laboratory   Tesla   had  constructed  was  to  prove   that   wireless
    transmission of electrical power was possible.

      Schumann Resonance is analogous to pushing a pendulum.  The intent of
    Project Tesla is to create pulses or electrical disturbances that would
    travel in all directions around the Earth in the thin membrane of  non-
    conductive  air between the ground and the ionosphere.  The  pulses  or
    waves would follow the surface of the Earth in all directions expanding
    outward  to  the  maximum circumference of the  Earth  and  contracting
    inward  until meeting at a point opposite to that of  the  transmitter.
    This  point  is  called the anti-pode.  The traveling  waves  would  be
    reflected  back from the anti-pode to the transmitter to be  reinforced
    and sent out again.
Š
      At  the  time of his measurements Tesla was  experimenting  with  and
    researching  methods  for "...power transmission  and  transmission  of
    intelligible  messages to any point on the globe."  Although Tesla  was
    not  able to commercially market a system to transmit power around  the
    globe,  modern scientific theory and mathematical calculations  support
    his  contention  that the wireless propagation of electrical  power  is
    possible and a feasible alternative to the extensive and costly grid of
    electrical   transmission  lines  used  today  for   electrical   power
    distribution.


    The Need for a Wireless System of Energy Transmission


      A  great concern has been voiced in recent years over  the  extensive
    use  of energy, the limited supply of resources, and the  pollution  of
    the  environment  from the use of present  energy  conversion  systems.
    Electrical power accounts for much of the energy consumed. Much of this
    power is wasted during transmission from power plant generators to  the
    consumer.   The  resistance  of the wire used in  the  electrical  grid
    distribution  system causes a loss of 26-30% of the  energy  generated.
    This loss implies that our present system of electrical distribution is
    only 70-74% efficient.

      A system of power distribution with little or no loss would  conserve
    energy. It would reduce pollution and expenses resulting from the  need
    to generate power to overcome and compensate for losses in the  present
    grid system.

      The   proposed   project  would  demonstrate  a  method   of   energy
    distribution   calculated  to  be  90-94%  efficient.   An   electrical
    distribution system, based on this method would eliminate the need  for
    an  inefficient, costly, and capital intensive grid of cables,  towers,
    and substations.  The system would reduce the cost of electrical energy
    used  by  the  consumer and rid the landscape  of  wires,  cables,  and
    transmission towers.

      There  are  areas of the world where the need  for  electrical  power
    exists, yet there is no method for delivering power.  Africa is in need
    of power to run pumps to tap into the vast resources of water under the
    Sahara  Desert.   Rural  areas, such as those  in  China,  require  the
    electrical  power necessary to bring them into the 20th century and  to
    equal standing with western nations.

      As  first  proposed by Buckminster Fuller, wireless  transmission  of
    power would enable world wide distribution of off peak demand capacity.
    This  concept  is based on the fact that some nations,  especially  the
    United  States, have the capacity to generate much more power  than  is
    needed.   This situation is accentuated at night.  The greatest  amount
    of  power  used, the peak demand, is during the day.  The  extra  power
    available  during  the night could be sold to the side  of  the  planet
    where it is day time.  Considering the huge capacity of power plants in
    the  United States, this system would provide a saleable product  which
    could do much to aid our balance of payments.


    MARKET ANALYSIS


      Of  the  56  billion  dollars  spent for  research  by  the  the  U.S
    government in 1987, 64% was for military purposes, only 8% was spent on
    energy  related research.  More efficient energy  distribution  systems
    and  sources are needed by both developed and under developed  nations.
    In regards to Project Tesla, the market for wireless power transmission
    systems  is enormous.  It has the potential to become  a  multi-billion
    dollar per year market.
Š

    Market Size


       The increasing demand for electrical energy in industrial nations is
    well  documented.   If we include the demand of  third  world  nations,
    pushed  by  their increasing rate of growth, we could  expect  an  even
    faster rise in the demand for electrical power in the near future.

      In 1971, nine industrialized nations, (with 25 percent of the world's
    population),  used  690  million kilowatts, 76  percent  of  all  power
    generated.  The rest of the world used only 218 million kilowatts.   By
    comparison,  China  generated  only  17  million  kilowatts  and  India
    generated only 15 million kilowatts (less than two percent each).7   If
    a conservative assumption was made that the three-quarters of the world
    which is only using one-quarter of the current power production were to
    eventually consume as much as the first quarter, then an additional 908
    million kilowatts will be needed.  The demand for electrical power will
    continue to increase with the industrialization of the world.


    Market Projections


    The  Energy  Information  Agency  (EIA),  based  in  Washington,  D.C.,
    reported the 1985 net generation of electric power to be 2,489  billion
    kilowatt hours.  At a conservative sale price of $.04 per kilowatt hour
    that  results in a yearly income of 100 billion dollars.  The EIA  also
    reported  that the 1985 capacity according to generator name plates  to
    be  656,118  million watts.  This would result in a  yearly  output  of
    5,740  billion kilowatt hours at 100% utilization.  What this means  is
    that  we  use only about 40% of the power we can  generate  (an  excess
    capability of 3,251 billion kilowatt hours).

    Allowing for down time and maintenance and the fact that the night time
    off  peak  load is available, it is possible that half  of  the  excess
    power  generation  capability  could be  utilized.   If  1,625  billion
    kilowatt  hours were sold yearly at $.06/kilowatt, income  would  total
    9.7 billion dollars.


    Project Tesla: Objectives


      The  objectives  of  Project Tesla are divided into  three  areas  of
    investigation.

      1. Demonstration that the Schumann Cavity can be resonated with an
         open air, vertical dipole antenna;
      2. Measurement of power insertion losses;
      3. Measurement of power retrieval losses, locally and at a distance.


    Methods


      A  full size, 51 foot diameter, air core, radio frequency  resonating
    coil and a unique 130 foot tower, insulated 30 feet above ground,  have
    been  constructed and are operational at an elevation of  approximately
    11,000 feet.  This system was originally built by Robert Golka in 1973-
    1974 and used until 1982 by the United States Air Force at Wendover AFB
    in  Wendover,  Utah.   The USAF used the coil  for  simulating  natural
    lightning for testing and hardening fighter aircraft.  The system has a
    capacity  of over 600  kilowatts.  The coil, which is the largest  part
    of the system, has already been built, tested, and is operational.

      A location at a high altitude is initially advantageous for  reducing
    atmospheric  losses  which work against an efficient  coupling  to  the
    Schumann  Cavity.  The high frequency, high voltage output of the  coil
    will be half wave rectified using a uniquely designed single  electrode
    X-ray  tube.   The X-ray tube will be used to charge a  130  ft.  tall,
Š    vertical  tower  which  will function to  provide  a  vertical  current
    moment.   The mast is topped by a metal sphere 30 inches  in  diameter.
    X-rays  emitted  from the tube will ionize the atmosphere  between  the
    Tesla  coil and the tower.  This will result in a low  resistance  path
    causing  all  discharges  to  flow  from the  coil  to  the  tower.   A
    circulating  current  of  1,000 amperes in the system  will  create  an
    ionization and corona causing a large virtual electrical capacitance in
    the  medium surrounding the sphere.  The total charge around the  tower
    will  be  in the range of between 200-600  coulombs.   Discharging  the
    tower  7-8  times per second through a fixed or rotary spark  gap  will
    create  electrical  disturbances,  which  will  resonantly  excite  the
    Schumann Cavity, and propagate around the entire Earth.

      The propagated wave front will be reflected from the antipode back to
    the transmitter site.  The reflected wave will be reinforced and  again
    radiated  when  it  returns  to  the  transmitter.   As  a  result,  an
    oscillation will be established and maintained in the Schumann  Cavity.
    The  loss of power in the cavity has been estimated to be about 6%  per
    round trip.  If the same amount of  power is delivered to the cavity on
    each  cycle  of  oscillation of the transmitter, there will  be  a  net
    energy gain which will result in a net voltage, or amplitude  increase.
    This will result in reactive energy storage in the cavity.  As long  as
    energy is delivered to the cavity, the process will continue until  the
    energy  is removed by heating, lightning discharges, or as is  proposed
    by  this  project, loading by tuned circuits at distant  locations  for
    power distribution.

      The resonating cavity field will be detected by stations both in  the
    United  States  and overseas. These will be staffed  by  engineers  and
    scientists who have agreed to participate in the experiment.

      Measurement  of power insertion and retrieval losses will be made  at
    the  transmitter  site and at distant receiving  locations.   Equipment
    constructed especially for measurement of low frequency electromagnetic
    waves  will  be  employed to measure the  effectiveness  of  using  the
    Schumann  Cavity  as  a means of electrical  power  distribution.   The
    detection equipment used by project personnel will consist of a pick up
    coil and industry standard low noise, high gain operational  amplifiers
    and active band pass filters.

      In  addition  to  project detection there will be  a  record  of  the
    experiment recorded by a network of monitoring stations that have  been
    set up specifically to monitor electromagnetic activity in the Schumann
    Cavity. 


    Evaluation Procedure


      The project will be evaluated by an analysis of the data provided  by
    local and distant measurement stations.  The output of the  transmitter
    will produce a 7-8 Hz sine wave as a result of the discharges from  the
    antenna.   The  recordings  made  by  distant  stations  will  be  time
    synchronized  to  ensure  that the data received is  a  result  of  the
    operation of the transmitter.

      Power  insertion  and  retrieval losses will be  analyzed  after  the
    measurements taken during the transmission are recorded.   Attenuation,
    field  strength,  and cavity Q will be calculated using  the  equations
    presented  in  Dr.  Corum's  papers.  These papers  are  noted  in  the
    references.   If  recorded results indicate power  can  be  efficiently
    coupled  into or transmitted in the Schumann Cavity, a second phase  of
    research involving power reception will be initiated.


    Environmental Considerations


      The  extreme low frequencies (ELF), present in the  environment  have
    several origins.  The time varying magnetic fields produced as a result
    of solar and lunar influences on ionospheric currents are on the  order
    of 30 nanoteslas.  The largest time varying fields are those  generated
    by  solar  activity and thunderstorms.  These magnetic fields  reach  a
    maximum  of  0.5 microteslas (uT)  The magnetic fields  produced  as  a
    result of lightning discharges in the Schumann Cavity peak at 7, 14, 20
    and 26 Hz.  The magnetic flux densities associated with these  resonant
    frequencies   vary  from  0.25  to  3.6  picoteslas.  per  root   hertz
    (pT/Hz1/2).

      Exposure  to  man made sources of ELF can be up to  1  billion  (1000
    million  or  1 x 109) times stronger than that of  naturally  occurring
    fields.   Household appliances operated at 60 Hz can produce fields  as
    high as 2.5 mT.  The field under a 765 kV, 60 Hz power line carrying  1
    amp  per  phase  is  15 uT.  ELF antennae systems  that  are  used  for
    submarine  communication  produce  fields  of  20  uT.   Video  display
    terminals  produce fields of 2 uT, 1,000,000 times the strength of  the
    Schumann Resonance frequencies.9

      Project  Tesla  will use a 150 kw generator to  excite  the  Schumann
    cavity.   Calculations  predict  that the field strength  due  to  this
    excitation at 7.8 Hz will be on the order of 46 picoteslas.


   

About the Author

Assistant professor in lord venkateswara engineering college.I am doing phd in sathyabama university, Tamil Nadu,India.

Discrimination, Harassment, and Retaliation - Super Supervisor Series

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University of Texas Professor, Turned Arbitrator-mediator

On a recent Southwest Airlines flight from Dallas to Oklahoma City, I happened to meet someone who is called into the situation only if there is a dispute between a labor union and management that cannot be resolved by the parties themselves. Yes, he belongs to an elite group of men and women in the US, who are called into play only when labor arbitration is required. Arbitration in the U. S. is voluntary in the private sector and mandated in the federal sector, but the parties don't need to go through the federal government and often don't to decide on an arbitrator.

Further, at age 65, he too definitely reinvented himself from a University of Texas Graduate Business School professor to what he is today, a US labor arbitrator-mediator. After nearly 30 years at the University of Texas at Austin, I. B. “Beber” Helburn went from teaching Labor Relations, HR Management, Negotiation and Arbitration, with a part-time job of serving in his current capacity, to now practicing what he had preached full-time.

Of course, since Beber Helburn had begun his University of Texas at Austin Business School stint in January, 1968, UT Austin has steadily risen in prominence to what it has become today. Modestly, Helburn doesn’t choose to take any particular credit for the school’s current reputation, although in all honesty being able to take classes from such a professor would be exciting for any student.

After completing his Ph.D from the University of Wisconsin Industrial Relations Institute, with a major in Industrial Relations, Dr. Helburn principally served as a university professor, but he also briefly functioned as a consultant to the Committee on Wages and Employment to the House of Representatives, State of Texas for approximately one year (which report led to the passage of the first state minimum wage law). Helburn has been listed on the Federal Mediation and Conciliation Service, labor arbitration panel from 1972 until the present, the labor panel of the American Arbitration Association since 1974 and the labor panel of the National Mediation Board since 1992.

Helburn has been involved with Arbitration panels over the years, which have included all of the following companies: AT&T and the Communications Workers of America; Continental Airlines and the International Association of Machinists (Flight Attendants); Continental Airlines and the Air Line Pilots Association (ALPA); Federal Express Corporation and ALPA; GAF Corporation and PACE International Union; Internal Revenue Service and the National Treasury Employees Union; International Paper Company and PACE plus the IBEW; Lone Star Steel and the United Steelworkers of America; Lucent Technologies and the Communications Workers of America; Major League Baseball and the Major League Players Association (Salary); Southwest Airlines and the International Association of Machinists (Reservation Agents); Southwest Airlines and TWU Local 555 (Ramp Personnel); U. S. Customs Service and the National Treasury Employees Union; U. S. Postal Service and the American Postal Workers Union, National Association of Letter Carriers and the National Rural Letter Carriers' Association; and the Veterans Administration Medical Center and the AFGE Local 1633.

On that day, he was flying to Oklahoma City and, then, driving to Elk City, Oklahoma in order to arbitrate a dispute between the US Postal Service and the American Postal Workers Union there over a staffing issue. In fact, Helburn has often arbitrated contract interpretation and discipline issues in the past at many other US Post offices in the Southwest and Southeast, as he has also done at Federal Express and Southwest Airlines too, among others.

For Beber, his typical Tuesday-Thursday weekly schedule now does not represent as much "a reinvention as more of an evolution," he said. As an exception, he commented that he was willing to take a Southwest Airlines case on Monday because, unlike many clients, Southwest Airlines and its unions are willing to set cases for Monday hearings. Further, he sometimes but not always works long hours to get disputes resolved. Please bear in mind that before his “official” retirement from UT Austin, he was certainly able to pepper his Graduate B-School lectures with many real world examples that sometimes were “stranger than fiction,” he concluded.

Today, Helburn may hear two or even three cases, each in a different location, and maybe each in a different state, in the course of a week. This labor arbitrator currently experiences a 50-55% settlement rate, before the parties get to Beber. Often, he said just the threat of an imposed resolution rather than a voluntary settlement motivates the conflicting parties to reach an agreement before meeting with him.

In fact, a tactic that he often uses in these situations goes something like this. Before beginning the hearing, Helburn will tell the opposing parties that perhaps they should each “take one last shot at it” in an attempt to reach a settlement that both sides can accept. In fact, he told me that this tactic, by itself, periodically results in a settlement.

When he's not dealing with arbitration matters, Helburn stays involved as the co-chair of a $10.5 million capital campaign for Congregation Beth Israel in Austin, Texas. Others have served more total times as president than he has, but he is the only one in the congregation's 128 year history to have served two separate terms (10 years apart) as president.

Helburn, who turned 65 in August, 2003 now qualifies for Medicare plus he and his wife Judith, whom he met on the first day of freshman English at the University of Wisconsin-Madison, also continue to receive medical coverage through his university group health insurance plan. Judith and Beber have two married children and four grandchildren living nearby. Judith is a Certified Sageing Leader for the Spiritual Eldering Institute. She has also been active in and on the board of Story Circle Network for Women with Stories to Tell, which has been organized as an international organization since 1998.

Over the years, this stalwart adopted Texan has written books and monographs such as "Public Employer-Employee Relations in Texas: Contemporary and Emerging Developments" (1971), he has contributed chapters and proceedings toward a better understanding within his profession, he has written articles for professional journals and published teaching cases.

In conclusion, we should certainly realize that there will always be labor disputes, which will continue to provide valuable work for a seasoned professional like I. B. Beber Helburn. While not an employee, this independent contractor does perform a valuable function for our economy as a whole. Plus, he continues to be well compensated, too, for his time (including travel) and his skilled arbitration efforts.

About the Author

James O. Armstrong, President of NowWhatJobs.net, Inc., http://www.nowwhatjobs.net, also serves as the Editor of NowWhatJobs.net. NowWhatJobs.net is the resource for job and career transitions for Baby Boomers and Active Seniors. In addition, he is the author of "Now What: Discovering Your New Life And Career After 50" and the President of James Armstrong & Associates, Inc., which is a media representation firm based in Suburban Chicago.