Saturday, December 7, 2019
Maritime Law for Property Damages - MyAssignmenthelp.com
Question: Discuss about theMaritime Law for Property Damages. Answer: Introduction There are two fundamental rights that have been addressed in relation to the Maritime Law that are faced quite often. These issues are that who will be entitled to sue the cargo when there is damage or loss. And the other issue is in relation to the carrier, who the carrier can sue when loss has been incurred. The problem is seen in every case where there is claim made against the carrier. If the party cannot sue the shipper under the claims made against the carrier it will not be able to even if the cargo does not oblige by its duty and causes the loss or the damages. The other matter is often seen in the case when the carrier has suffered loss because of transportation of goods, if the freight has not been paid or the vessels were seriously injured during the transportation by the cargo of the harmful cargos. Such issues are particularly important in the case when the carrier is not able to recover the loss that has been made cannot be recovered from the shipper with whom the contract has been made for the carriage there is need to make the claims opposing the parties. There are two issues that are often brought up due to the party that wants to sue the cargo or the other party because of whom the cargo is made liable they are mostly the party in the contract of the carriage. The main object of the partys right and the liabilities in the cargo of the goods and services over the sea is often known as the document that has now been used over more than hundred years is the bill of lading. This bill of lading has been main scope by which the third parties such as the buyers or the banks who are usually not a party to the contract of the carriage that has been entered among the shipper and the carrier having the rights and the liabilities in the contract of the carriage. The most vital place of the bill of lading is in relation to the giving title to sue and be sued. Body of Opinion Facts A ship was chartered by Wong Ting Fung Ltd in Hong Kong to Ernest Bart Shipping Pty Ltd in Adelaide to ship 7,000 steel coins to Mr. Yeung in Hong Kong. A contract was made between shipper and the shipping party including the bill of lading. In the port at Adelaide the master was not very familiar with them carriage of steel in such form although Bart Shipping Pty Ltd protested that the steel was normal the master wrote it to be rusted on the bill of lading. The bank that had financed Yeung under credit was instructed to only accept a clear letter in relation to the bill of lading. Thus, the bill of lading was disapproved but after certain negotiations Yeung agreed to accept the steel coins from Bart Shipping Company at a discounted price. But when the ship arrived Yeung was given the bill of lading which had only 6,000 coils due to some serious damage that took place before loading. Issue Bart Shipping Pty Ltd and Yeung have to be advised regarding their rights and liabilities in relation to the rights and the liabilities of the shipper and the carrier along with the laws related to the bill of lading. Bart Shipping Company had chartered their ship from Wong Ting Fung Shipping Ltd to carry 7,000 steel coils to Mr. Yeung in Hong Kong. All the clauses were mentioned in the contract which was agreed by both including the bill of lading. Rule With respect to the English position the two acts play a crucial role, Carriage of Goods by Sea Act 1992 and the earlier on was 1855 Bills of Lading Act along with the reports of the Law Reform Committee and the case laws (Ajaja 2015). The UNCITRAL Draft Convention, in relation to the Draft Convention itself will help in determining the right and liabilities of the shipper and the shipment. The bill of lading is an important document in the international trade. The contract between Bart Shipping and Mr. Yeung can be explained here, in the case of the international sales, the shipper that is the seller mostly makes a contract with the shipper to transport and delivery of the products to a third party (Baatz 2013). The person to whom the goods are sold are the buyers, there are times when the delivery has to made to the banks that have sponsored the buying of goods and the services when the goods are under the bill of lading and are given to the bank as a form of security. It becomes crucial for the third parties that are able to receive the obligations in the contract under the bill of lading as they are often those who bear the damage to the goods at the time of transportation period (Brodie 2014). Under the common law of privity, the third parties are not able to sue the carriers under the contract of carriage. The rule states that the parties to the contract may sue or be sued on it. Although the shipper can sue the shipper is the party to make an agreement with the carriage, the common laws has not allowed them to get back the obvious damages if he has not incurred the loss. This has been considered very unsatisfactory in the state of affairs as the buyers would be often left without any solution in the contract when damage takes place in the cargo (Cai 2016). Although the buyer can sue the carrier by other means. In case of torts, there are other alternative which are very complicated and on the grounds of such claim it becomes difficult to establish it (Croucher 2016). In the case, Dunlop v Lambert the problem was in relation to the common law the solution to the privities problem that was developed. In this case, court had allowed the shipper that had entered into a contract of carriage with the shipper who did not suffer any loss himself to get back the obvious damages (Cooper 2016). The consignee or the endorsee of the bill of lading needs the contractual rights under the bill when the property in the goods has passed to him upon or by the reason of such consignments (Jafari 2015. The link between the transfer of the property rights and the acquisition if the contractual rights however turned out to be a problem in certain cases. Under section 1 of the Bill of Lading Act, for a consignee to gain the rights of the suit and to acquire the contractual rights the property in the goods have to be passed to him either upon or by the reason of such endorsements (Schoenbaum 2015). Application The transferee in not obliged by each terms and conditions of the agreement of the cargo and are just obliged to the rights and the liabilities in relation to the bill of lading. This implies that the first contract that was made between the shipper and the bearer had distinctive terms that were highlighted in the bill of lading, these terms and conditions of the bill of lading will have an upper hand in deciding the extent the rights and the liabilities of the transferee. The outcome of the case Leduc v Ward, there was an agreement between the shipper and the bearer that allowed deviation of Glasgow. However it may look like, there was no such deviation that was allowed in the agreement between the transporter and the endorsee. Since there was no sign of the bill of lading allowing such deviation consequently, the endorsee had a real claim against the transporter. the result of the case, Sewell v Burdick is that it had prevented the bank from being obliged under the agreement of the cargo, it additionally kept the bank from bringing the claim against the transporter under the agreement of the carriage. Under the validity of the caase, the products if the goods and the services were damaged there would be breach of contract causing the bank and its security to diminish and the bank would rather not sue the transporter as the bank had the exceptional property and not the general property. Under section 1 of the bill of lading act. In such kind of cases the bank will be left with no other option but to rely on the remedies of the common law. Under section 1 of the 1855 Act it gives the endorsee the power to be liable in relation to the products in the contract and the bill of lading. Conclusion The rights and the liabilities that have to be advised to Bart Shipping Company and Mr. Yeung are mentioned under the 1992 Carriage of Goods by Sea Act and the common law, it can be seen that the parties that have the right to sue the cargo under and the party that the carrier is entitled to sue. The main object of the law in this area is to balance the commercial interest of the three parties that are mentioned in every bill of lading contract that are the carrier, the shipper and the consignee or the indorse. If the law does not properly protect the interest of the various parties or does not impose the other right and the duties on the specific parties, in that case the law usually becomes ineffective and the merchants will find another way instead of the bills of lading in order to meet their requirements. The law will be ineffective if the parties and their rights and liabilities cannot be easily distinguished. Thousands of bills of lading are issued everyday and such bills will be considered useless if they have to be studied with the help of a lawyer or have to go to the court in order to know their rights and liabilities. Under the English law which highlights the 1992 Carriage of Goods by Sea Act as well as the common law have together provided an effective framework within which the carrier, the shipper and the transferee can function. The intention behind the UNCITRAL Draft Convention is considered noble but there is need for uniform laws for the transfer of the rights and the liabilities under the bill of lading, the Draft Convention is presently not very effective and has not proved itself better than the existing English law. Reference List: Ahmadi, M.R.A., Elsan, M. and Noshadi, I., 2017. Comparative Study of Bill of Lading Function as Title Document.J. Pol. L.,10, p.188. Ajaja, O., 2015. Electronic Bills of Lading: An Easier Way to Sea Carriage. Baatz, Y., Debattista, C., Lorenzon, F., Serdy, A., Staniland, H. and Tsimplis, M.N., 2013.The Rotterdam Rules: a practical annotation. CRC Press. Bae, H.S. and Lee, Y.K., 2016. Role of Delivery Order in International Container Transportation. Brodie, P., 2014.Commercial shipping handbook. CRC Press. Bury, D.A., 2016. Electronic Bills of Lading: A Never-Ending Story.Tul. Mar. LJ,41, p.197. Cai, Q., 2013, August. Delivery of Goods without Original Bills of Lading: A Survey of Recent Law and Practice in China. In2013 International Conference on Education, Management and Social Science (ICEMSS-13). Atlantis Press. Cooke, J., Young, T., Ashcroft, M., Taylor, A., Kimball, J., Martowski, D., Lambert, L. and Sturley, M., 2014.Voyage charters. CRC Press. Cooper, K., 2016. Shipping. Croucher, T.M.S., 2016.Changing the Rules: An evaluation of whether the Norwegian Maritime Code should implement the Rotterdam Rules approach to transferring obligations and rights through the trading of bills of lading(Master's thesis, The University of Bergen). Hu, J.Z. and Sun, S., 2016. A Study on the Updating of the Law on Carriage of Goods by Sea in China.Austl. NZ Mar. LJ,30, p.114. Jafari, F., 2015. The concerns of the shipping industry regarding the application of electronic bills of lading in practice amid technological change. Kim, S. and Kim, J., 2016. The Legal Effect of the Unknown Clause in a Bill of Lading under the International Rules.NCJ Int'l L.,42, p.75. Kozolchyk, B., 2016. The Modernization and Harmonization of the Commercial Law in the Twenty-First Century: The Need for a New Research and Drafting Methodology.Ariz. J. Int'l Comp. L.,33, p.25. Lee, B.M., 2014. Causal and Stipulatory Attributes of Bills of Lading under Korean Law.Journal of Korea Trade,18(4), pp.85-105. Mllmann, A., 2016.Delivery of Goods under Bills of Lading. Routledge. Schoenbaum, T.J., 2015. An Evaluation of the Rotterdam Rules. InThe Hamburg Lectures on Maritime Affairs 2011-2013(pp. 21-43). Springer Berlin Heidelberg. Tang, O., Lau, Y.Y., Tam, K.C. and Ng, A.K., 2014. A critical review of the evolution of the Maritime Code in the People's Republic of China.Asian Geographer,31(2), pp.115-127. Weinmann, J., 2014.Identifying the carrier-The effect and validity of demise-and identity of carrier clauses in bills of lading-a comparative study(Doctoral dissertation, University of Cape Town). Zhang, J., 2014. Transport documents and bank's security.
Friday, November 29, 2019
Cummunism Essays - Communism, Socialism, Economic Ideologies
Cummunism Communism Communism is the idea of having a classless society of people where everything is supposed to be owned equally by all. In communism, unlike Marxism there is a peasant revolution instead of a proletariat revolution, and unlike in socialism there is a totalitarian government and there is no private property. Marxism is a classless society brought about through a proletariat revolution. In Marxism the government is just supposed to wither away unlike in communism and socialism. In socialism the government is a representative one where land ownership is shared by both people and the government and there is social welfare, also known as workers rights. Communism has it's bad points, but there are good points to communism, for example, women gained equality underneath the law, such as in jobs and education while before they had very little. Another advantage of communism is that it had provided free education for everyone in the state. There are a lot of other benefits to communism such as free medical care, day care for children, cheap housing, public transportation, and recreation. Communism has good points, as well as points, for example, since Russia everything is equal, and there are no incentives to work harder, workers get lazy and make less products at low quality. Another problem with communism is that there is censorship, and secret police that control every aspect of your life, and you had little privacy and freedom. Another disadvantage to communism is that the standard of living is low and people lived in very poor conditions Economics Essays
Monday, November 25, 2019
Slide, Leap or Climb into Writing . . . and Accept the Results
Slide, Leap or Climb into Writing . . . and Accept the Results Iââ¬â¢ve shifted in how I talk to writers who contact me, asking for my advice on their particular journeys. Before I guide them on agents, contests, grants and the general ââ¬Å"how can I start earning a living at thisâ⬠questions, I ask: ââ¬Å"What are you trying to do with your writing? What are your goals?â⬠Most say: ââ¬Å"I want to get published.â⬠ââ¬Å"I want to work full-time as a writer.â⬠ââ¬Å"I want to make money and I like to write.â⬠Then I ask what they are doing about reaching that goal. Iââ¬â¢ve yet to find a single writer who has an answer to that question other than ââ¬Å"Iââ¬â¢m writing this storyâ⬠¦Ã¢â¬ There are three ways to become a professional writer. I use the word professional as the opposite to hob SLIDERS You are watching everyone else. You are also reading blogs, attempting to make ââ¬Å"friendsâ⬠online in various places with some of them, joining chat groups . . . all in the name of talking about writing. You exclaim over someoneââ¬â¢s success, saying you hope to do that one day. You bash someone the media is already gnawing on, proclaiming them blasphemous to the profession. You write when a good idea strikes. You pick up an old story and piddle with it during NaNoWriMo. You enter a contest or two, blaming nepotism or good-old-boyism when you do not win, or you are honest and say maybe you still need to work harder. LEAPERS Well, damn, youââ¬â¢ve decided to be a writer. Today, this instant. Where can you submit? How do they pay? How long before you have enough to pay the bills and dump the crazy job you hate? You are now committed to being a writer, and youââ¬â¢re going to take the leap and see where you land. Ray Bradbury said leap and you sprout wings on the way down. If the concept is good enough for him, itââ¬â¢s good enough for you. CLIMBERS You want this title WRITER, maybe even AUTHOR one day. The goal is on that peak way up there, where youââ¬â¢ve published and earned a living as a writer. You see others grabbing flights to that peak, but youââ¬â¢re using your feet, your hands, the tools at your grasp, and taking the journey one hard, craggy step at a time. You do not want to reach that peak too soon, for then you have to prove to people what you know. That knowledge is in each step, each slip, each backsliding effort that makes you regroup and grip harder, dig in deeper. It might take you a while, but the fear of reaching that peak prematurely gives you the incentive to embrace the journey up the mountain. Not only will your muscles be stronger, your self-esteem deeper, but if you somehow stumble and fall off the mountain, you know exactly what it takes to get back up there.
Friday, November 22, 2019
An Estimation of the Total Economic Value of a local park Essay
An Estimation of the Total Economic Value of a local park - Essay Example Total Economic Value of Kings Park is $6869.3m. Though the park authority is making much money, but they could make much more if they pay attention in terms of entrance fare, number of guides, transport services for foreign visitors, hospitality and other facilities. Having good and bad sides, Kings Park is one of the mentionable parks for its monuments that they have built for showing respect and honor to some people who have sacrificed their lives in different memorable events. Research means scrutinizing carefully of a certain topic. For this research-based project, we have told to make an estimation of the total economic value of a local public park. That means that kind of park, which is for public entertainment. For an example, the names of National Park, City Park, Mexican Forest Park, Bold Park, Central Park and many other parks of different countries may be mentioned here. As a real park, I have selected Kings Park of Western Australia as my chosen park. To do the project, I have done a questionnaire-based fieldwork (research based on questionnaire and making interviews of related groups), which made my project more reliable and easier to do. Though it is a short project, but I had to be careful in case of collecting information and applying them properly. My lack of knowledge and shortage of information were great limitations for this work, but the Park authority helped me very much by providing disc losable information. But they didnââ¬â¢t disc lose some confidential information, which is part of their business policy. I am very grateful to our instructor who has given me the opportunity to do the project that has enriched my knowledge, skills, and practical experiences on a mentionable place of a distinctive country. The streets of Kings Park are another symbol of peace. They are lined with individual plaques. The plaques are dedicated by Western Australian Service men and
Wednesday, November 20, 2019
Summary for an article Assignment Example | Topics and Well Written Essays - 250 words
Summary for an article - Assignment Example Amateurism includes playing Hockey in a gentlemanly manner. Players were ejected for violating game rules. Amateurs did not play intensely for pay, but for peaceful fun. 3. The author states Hockey metamorphosed into a modern sport. Hockey, like modern sports, is bound by game rules. Hockey, like modern sports, is highly organized. Hockey, like modern sports, uses standard game equipments. 4. Further, Hockeyââ¬â¢s modernization is grounded on the Canadian peacekeeper image. Game rules penalize violence. Rules reduce disorder in the game. Mass rowdiness is reduced to ââ¬Å"peacefulâ⬠levels. 5. Further, Lacrosse, similar to Hockey, defies the British bourgeois sensibilities. Hockey defies British sensibilities of refinement. Hockey runs counter to British sensibilities of gentlemanliness. Hockey is a physical sport, not a refined sport. 6. Sports focused on resisting imported sports. Baggataway, a local sport is the national sport. The sport includes speed, skill, and violence. Baggatway was renamed Lacrosse. George Beers formulated the Lacrosse game rules ensure
Monday, November 18, 2019
A Philosophical Approach Assignment Example | Topics and Well Written Essays - 750 words
A Philosophical Approach - Assignment Example The development of ethics has come with some controversies and debates. There are philosophers like Immanuel Kant who believe that there is a universal set of laws that apply to all human beings and all situations (O'neill, 1993). This therefore means that what is right and what is wrong is universal and on no account should it be compromised (Shiples & Maier, 2011). However, there are the utilitarians who argue that if something does the greatest amount of good to the greatest number of people, then that can be seen as good (Tavani, 2011). Although utilitarians claim their approach is the most practical, there is an issue of whether it is the best, because if 99% of people have enslaved 1% of people and subjected them to the worst and most severe conditions, can we say that it is good? This is the fundamental debate about ethics and its foundations Review of the Pinto Fires Dennis Gioia narrates the incidents of the Ford-Pinto brand in the 1970s which was an ethical dilemma and how it caused the death of several innocent people. A summary of the facts are narrated from Trevino & Nelson (2007): In the late 1960s, there was a huge demand for sub-compact cars around the globe and German and Japanese manufacturers were set to take over the international market. Ford, the American car manufacturer had to internationalize quickly and catch up with its competitors on the global market. The Ford-Pinto was designed and there were signs that it would do well internationally, so there was the need to speed up the research and development process to begin mass production to meet the huge demand. Fordââ¬â¢s Vice President, Lee Iacocca asked for the acceleration of the development process from 43 months to 38 months and this was accepted by the President who was a man of repute. The engineers identified that there was a major flaw in the carââ¬â¢s combustion and fuel system that made it vulnerable to explosions during accidents. However, due to the need to accelerate the development process, the engineers were not given ample time to correct the error. This led to the development of a car that led to the death of many users. In 1978, a Pinto car crash that killed the passengers led to a legal action the criminalization of the Ford company for the lack of proper care to develop a safer car. Ethics & The Pinto-Fires The Pinto case comes with several questions related to ethics. First of all, did the Vice President and the management team of Ford really act ethically? What were their major responsibilities and did they fail totally? Is it fair to attribute the death of passengers in one of many automobile accidents in America to the top-level management? What was the responsibility of the other people in Ford? The Eight-Step Model Trevino & Nelson (2007) identify eight steps which must be followed in taking ethical decisions in businesses. If this model was applied, it is likely that the management of Ford would have worked out a different approach to the Pinto brand and avoided a few issues. Step 1: Gather the Facts: First of all, the management of Ford should have gathered all the facts relevant to the global automobile industry. This way, they would have gotten enough information to identify the need to consider safety as a primary issue. However, it is clear that the focused more on internationalization and the capturing of market share ahead of the safety of their customers. Step 2: Define the Ethical Issues:
Saturday, November 16, 2019
Social Worker Burnout Studied
Social Worker Burnout Studied Social Worker Burnout Studied(Fall 2003) AUTHOR-ABSTRACT:For the past 30 years, researchers and practitioners have been concerned about the impact of work stress experienced by social workers. Although research on burnout has been a useful field of exploration, a new concern has arisen about work stresses specifically associated with work with victims of trauma. The concept of vicarious trauma provides insights into the stresses of this particular kind of work. Like the burnout research, early research on vicarious trauma has identified both personal and organizational correlates. In this article, the authors review the growing literature on the organizational components of vicarious trauma and suggest changes in organizational culture, workload, group support, supervision, self-care, education, and work environment that may help prevent vicarious trauma in staff. BODY: WHETHER SHAPING PUBLIC POLICY or providing services to individuals, families, and communities, social workers are fully engaged with todays social problems. This difficult work can take an emotional and psychological toll on the worker (Davies, 1998; Gibson, McGrath, Reid, 1989). This stress comes not only from responding to people in pain and crisis; characteristics of the organization also contribute to the stress (Sze Ivker, 1986). This occupational stress has been examined primarily in terms of burnout (Maslach, 1993), but recent research in the field of trauma has identified stresses unique to that work. These stresses have been conceptualized as vicarious trauma (McCann Pearlman, 1990b; Pearlman Saakvitne, 1995a, 1995b). To date, most research has focused on the individual characteristics thought to contribute to vicarious trauma. There has been less focus on the organizational structures that may contribute. In this article, we draw on the research on organizational correlates of burnout as a background for examining the research on vicarious trauma and then outline various organizational strategies suggested by practitioners working with trauma survivors to prevent vicarious trauma. This discussion is informed by a qualitative study of counselors working with victims of domestic violence (Bell, 1998, 1999) that suggested the importance of the work environment, among other issues, in the development of vicarious trauma. Quotations by counselors from that study will be used to illustrate the discussion. Organizational Correlates of Burnout Maslach (1993) described burnout as having three dimensions: (a) emotional exhaustion; (b) depersonalization, defined as a negative attitude towards clients, a personal detachment, or loss of ideals; and (c) reduced personal accomplishment and commitment to the profession. Burnout has been conceptualized as a process rather than a condition or state, and some have theorized that it progresses sequentially through each of these dimensions (Maslach, 1993). Maslach and others have examined the individual, interpersonal, and organizational characteristics that contribute to burnout. Of particular interest to this discussion is the finding that organizations can either promote job satisfaction or contribute to burnout (Soderfeldt, Soderfeldt, Warg, 1995). Unsupportive administration, lack of professional challenge, low salaries, and difficulties encountered in providing client services are predictive of higher burnout rates (Arches, 1991; Beck, 1987; Himle, Jayaratne, Thyness, 1986). In dividual staff members suffer, and the resulting loss of experienced staff can diminish the quality of client services (Arches, 1991). This research has helped identify organizational supports that could be effective in buffering or mediating burnout and point to workplace characteristics that may also prevent vicarious trauma. Vicarious Trauma Recently, the occupational stress of social workers working with trauma survivors has begun to receive attention (Cunningham, 1999; Dalton, 2001; Regehr Cadell, 1999). Some authors are beginning to suggest that trauma theory has important utility in understanding the burnout experience of social workers working in child protection and with HIV-infected populations (Horwitz, 1998; Wade, Beckerman, Stein, 1996). Many theorists have speculated that the emotional impact of this type of traumatic material is contagious and can be transmitted through the process of empathy (Figley, 1995; Pearlman Saakvitne, 1995a; Stamm, 1995), as in this example from an experienced social worker talking about counseling women in a family service agency: Some times after a session, I will be traumatized.I will feel over whelmed, and I can remember a particular situation with a sexually abused person where II just didnt want to hear any more of her stories about what actually happened.She seemed to want to continue to tell me those over and over and I remember just feeling almost contaminated,like,you know,like I was abused. You know? And so I set limits withher a fter some super vision about that but tracked her in a different way.It hink it has an impact. Im just not sure of what(a squoted in Bell,1998) In the past 10 years, the emotional impact of working with trauma survivors has been examined under several constructs: compassion fatigue (Figley, 1995), secondary traumatic stress (Figley, 1993; Stamm, 1995), and vicarious trauma (McCann Pearlman, 1990b; Pearlman Saakvitne, 1995a, 1995b). These constructs have been compared and debated (Pearlman Saakvitne, 1995a; Stamm, 1995), and a full discussion of them is outside the scope o f this article. The majority of the empirical studies in this area have used the vicarious trauma construct. For this reason, the term vicarious trauma will generally be used throughout this article unless another term has been used specifically in the research cited. Vicarious trauma has been defined as the transformation that occurs in the inner experience of the therapist [or worker] that comes about as a result of empathic engagement with clients trauma material (Pearlman Saakvitne, 1995a, p. 31). Vicarious trauma can result in physiological symptoms that resemble posttraumatic stress reactions, which may manifest themselves either in the form of intrusive symptoms, such as flashbacks, night-mares, and obsessive thoughts, or in the form of constrictive symptoms, such as numbing and disassociation (Beaton Murphy, 1995). It may also result in disruptions to important beliefs, called cognitive schemas, that individuals hold about themselves, other people, and the world (McCann Pearlman, 1990b; Pearlman Saakvitne, 1995a, 1995b), as in the following example from a young worker in a battered womens shelter: I think you see the worst of people, working herethe worst of what people do to each other. And I think when you do nt have proper resource stop rocess that,to work through it, to underst and it or put it in some kind of context, it just leaves you feeling a little baffle dabout whats going on out there, and the way things work in the world and your role in all of that.(asquotedin Bell,1999,p.175) Although some of the numbing symptoms of vicarious trauma bear some resemblance to burnout and may in fact result in burnout over time, research on therapists has also begun to establish vicarious trauma as a distinct concept from burnout (Figley, 1995; Pearlman Saakvitne, 1995a). Unlike the construct of burnout, the construct of vicarious trauma was developed from and is clinically grounded in trauma theory, specifically constructivist self-development theory (McCann Pearlman, 1990b). In several studies, burnout and general stress levels were not related to exposure to traumatized client s, whereas measures of trauma exposure and vicarious trauma were related (Kassam-Adams, 1995; Schauben Frazier, 1995). Thus, burnout alone does not appear to capture the effects of trauma as an occupational stressor. Although vicarious trauma may present with elements of emotional exhaustion, depersonalization, and reduced personal accomplishment, it also has effects that are unique and specific to trauma work. Many professionals risk vicarious trauma through their contact with traumatized people or material that contains graphic images of trauma. Studies have indicated that approximately 38% of social workers experience moderate to high levels of secondary traumatic stress (Cornille Meyers, 1999; Dalton, 2001). In addition, emergency workers (Leseca, 1996; McCammon, Durham, Allison, Williamson, 1988; Wagner, Heinrichs, Ehlert, 1998), nurses (Joinson, 1992), police officers (Follette, Polusny, Milbeck, 1994), sexual assault counselors (Johnson Hunter, 1997; Regehr Cadell, 1999; Schauben Frazier, 1995), child protective service workers (Cornille Meyers, 1999), and trauma therapists (Chrestman, 1995; Follette et al., 1994; Kassam-Adams, 1995; Pearlman Mac Ian,1995) have all been documented as developing symptomology quite similar to acute and posttraumatic stress reactions as a result of their second-hand exposure to traumatic material. Recent studies of trauma therapists have begun to explore some of the factors involved in the development of vicarious trauma. Therapist exposure to traumatic client material has been found to be an important predictor for symptoms of traumatic stress and, in some cases, of disrupted beliefs about self and others. In a survey of 148 counselors, Schauben and Frazier (1995) found that those who worked with a higher percentage of sexual violence survivors reported more symptoms of posttraumatic stress disorder and greater disruptions in their beliefs about themselves and others than did counselors seeing fewer survivors. The researchers tied these symptoms of trauma counselors to a number of factors. Most commonly, counselors said that hearing the trauma story and experiencing the pain of survivors was emotionally draining. Second, many counselors felt that the counseling process was more difficult when working with trauma survivors, who tended to have more problems trusting and working in a therapeutic relationship than clients who were not traumatized. Finally, some counselors found the work more difficult because of the institutional barriers within the legal, and mental health systems that their clients were forced to navigate. Similar findings emerged when researchers compared the stress level of sexual assault counselors with that of counselors who worked with a more general client population (Johnson Hunter, 1997). Not only did sexual assault counselors show greater evidence of stress, but their work stress also contributed to personal relationship difficulties at home. The impact of the therapists own history of abuse on current report of vicarious trauma are unclear. Pearlman and MacIan (1995) reported significantly more vicarious trauma symptoms in 60% of the therapists they surveyed who reported a personal history of trauma. However, Schauben and Frazier (1995) found that counselors with a history of victimization were not more distressed by working with survivors than were counselors without such a history. Pearlman and Mac Ian found that therapists without a trauma history were more likely to report intrusive imagery than those with a history. Follette et al. (1994) found that mental health professionals with a significant history of childhood physical or sexual abuse did not experience significantly more negative responses to child sexual abuse survivor clients than those without such a history. They also reported significantly more positive coping strategies. However, the comparison group of law enforcement personnel with childhood abuse his tories who also worked with sexual abuse survivors showed significantly more distress than the mental health professionals. The researchers hypothesized that the use of personal therapy by 59.1% of the mental health professionals versus 15.6% of the law enforcement professionals may have accounted for the difference. Increased time spent with traumatized clients seems to increase the risk of stress reactions in mental health professionals (Chrestman, 1995; Pearlman Mac Ian, 1995). Furthermore, spending time in other work activities decreases the risk. Having a more diverse caseload with a greater variety of client problems and participating in research, education, and outreach also appear to mediate the effects of traumatic exposure. Age and experience are inversely correlated with the development of vicarious trauma. Younger and less experienced counselors exhibit the highest levels of distress (Arvay Uhlemann, 1996; Pearlman Mac Ian, 1995). They may have had less opportunity to integrate traumatic stories and experiences into their belief systems, as well as to develop effective coping strategies for dealing with the effects of vicarious trauma than have older and more experienced therapists (Neumann Gamble, 1995). Such was the case of this experienced counselor who worked with battered women in the court system: It hink for somebody who doesnt do this type of work it would be extreme lystressful, but after twelve years, Ive justIve handled so many cases and dealt with so many people, I know my limitation sand the courts limitations and I just dont get as worked up about each case as I used to.(as quoted in Bell, 1999,p.117) vicarious trauma can be considered a type of occupational hazard in settings where there are high levels of traumatized clients. As a result, organizations providing services to trauma victims have a practical and ethical responsibility to address this risk. Implications for Agency Administrative Response The primary focus of discussion about the prevention of vicarious trauma has been on the individual (for a good summary, see Yassen, 1995). However, as with burnout, the organizational context of trauma work has been discussed as a factor in the development of secondary trauma. Several authors have written about their own experiences in agencies that serve traumatized individuals. They have suggested both prevention and intervention strategies in the areas of organizational culture, workload, work environment, education, group support, supervision, and resources for self-care. Each of these will be discussed in turn below. Organizational Culture The values and culture of an organization set the expectations about the work. When the work includes contact with trauma, they also set the expectations about how workers will experience trauma and deal with it, both professionally and personally. Of primary concern is that organizations that serve trauma survivors, whether rape crisis centers, shelters for battered women, or programs that work with veterans, acknowledge the impact of trauma on the individual worker and the organization. As Rosenbloom, Pratt, and Pearlman (1995) wrote of their work at the Traumatic Stress Institute, We work together to develop an atmosphere in which it is considered inevitable to be affected by the work (p. 77). It is not uncommon for feelings and reactions generated by trauma to leave the social worker feeling ineffective, unskilled, and even powerless. An organizational culture that normalizes the effect of working with trauma survivors can provide a supportive environment for social workers to ad dress those effects in their own work and lives. It also gives permission for social workers to take care of themselves. Yassen (1995) provided an example of a potentially harmful norm that can frustrate workers attempts at self-care: In some settings, it may be assumed that if employees do not work overtime, they are not committed to their work, or that clinicians who do not take vacations are more committed to their work than are others (p. 201). A supportive organization is one that not only allows for vacations, but also creates opportunities for social workers to vary their caseload and work activities, take time off for illness, participate in continuing education, and make time for other self-care activities. Small agencies might signal their commitment to staff by making staff self-care a part of the mission statement, understanding that ultimately it does affect client care. Administrators might also monitor staff vacation time and encourage staff with too much accrued time to take time off. Self-care issues could be addressed in staff meetings, and opportunities for continuing education could be circulated to staff. In social work agencies, which typically operate with inadequate resources and relentless service demands, such commitments, regardless of how small, are not inconsequential. Workload Research has shown that having a more diverse caseload is associated with decreased vicarious trauma (Chrestman, 1995). Such diversity can help the social worker keep the traumatic material in perspective and prevent the formation of a traumatic worldview (Pearlman Saakvitne, 1995a). Agencies could develop intake procedures that attempt to distribute clients among staff in a way that pays attention to the risk of vicarious trauma certain clients might present to workers. When possible, trauma cases should be distributed among a number of social workers who possess the necessary skills (Dutton Rubinstein, 1995; Regehr Cadell, 1999; Wade et al., 1996). In addition, social workers whose primary job is to provide direct services to traumatized people may benefit from opportunities to participate in social change activities (Regehr Cadell, 1999). Agencies that do not already provide such services might consider providing community education and outreach or working to influence policy. Such activities can provide a sense of hope and empowerment that can be energizing and can neutralize some of the negative effects of trauma work. Organizations can also maintain an attitude of respect (Pearlman Saakvitne, 1995b, p. 170) for both clients and workers by acknowledging that work with trauma survivors often involves multiple, long-term services. Organizations that are proactive in developing or linking clients with adjunct servicessuch as self-help groups, experienced medical professionals for medication, in- and out-patient hospitalization, and resources for paying for these serviceswill support not only clients, but also decrease the workload of their staff (Pearlman Saakvitne, 1995b). Developing collaborations between agencies that work with traumatized clients can provide material support and prevent a sense of isolation and frustration at having to go it alone. Work Environment A safe, comfortable, and private work environment is crucial for those social workers in settings that may expose them to violence (Pearlman Saakvitne, 1995b; Yassen, 1995). Some work sites, such as shelters or agencies located in high-crime neighborhoods, are so dangerous that workers may actually experience primary trauma, rather than vicarious trauma. In a sample of 210 licensed social workers, Dalton (2001) found that 57.6% had been threatened by a client or member of a clients family, and 16.6% had been physically or sexually assaulted by a client or member of the clients family. Being threatened by a client or a member of a clients family was strongly correlated with compassion fatigue. Although it is more of a challenge in certain settings, protecting workers safety should be the primary concern of agency administration. Paying for security systems or security guards may be a necessary cost of doing business for some agencies that provide services to traumatized individuals. Failing that, agencies may consider developing a buddy system for coworkers so that if one worker is threatened by a client, another can summon the police. In addition to attention to basic safety, Pearlman and Saakvitne (1995b) have suggested that workers need to have personally meaningful items in their workplace. These can include pictures of their children or of places they have visited, scenes of nature or quotes that help them remember who they are and why they do this work. One hotline worker described her use of such an item: When itsare alintense call, I kind of hunch over the phone and kind of like focus here on my[computer screen]and I some times try to consciously tell my self to sit back and look at one of my pictures that I have up to remind me of happier times.(asquotedin Bell,1998) Agency administrators can encourage staff to make these small investments in their work environment. By placing inspiring posters or pictures of scenic environments (rather than agency rules and regulations) in the waiting rooms, staff meeting rooms, and break rooms, the organization can model the importance of the personal in the professional. In addition, workers also need places for rest at the job site, such as a break room that is separate from clients (Yassen, 1995). With a space such as this, the organization could address the self-care needs of staff by providing a coffee maker, soft music, and comfortable furniture. Education Trauma-specific education also diminishes the potential of vicarious trauma. Information can help individuals to name their experience and provide a framework for understanding and responding to it. Training settings, such as schools of social work, have a responsibility to provide this information to field interns entering placements where they will encounter trauma (Pearlman Saakvitne, 1995b). Dalton (2001) found that social workers with masters degrees had lower levels of secondary traumatic stress compared with those with baccalaureate degrees. This difference suggests that the type of clinical training available in masters programs, such as information about client empowerment, self-care, and recognizing destructive behaviors, may be a missing but important part of training social workers in baccalaureate programs to prevent secondary stress and vicarious trauma. Efforts to educate staff about vicarious trauma can begin in the job interview (Urquiza, Wyatt, Goodlin-Jones, 1997). Agencies have a duty to warn applicants of the potential risks of trauma work and to assess new workers resilience (Pearlman Saakvitne, 1995b). New employees can be educated about the risks and effects associated with trauma, as new and inexperienced workers are likely to experience the most impact (Chrestman, 1995; Neumann Gamble, 1995). Ongoing education about trauma theory and the effects of vicarious trauma can be included in staff training (Regehr Cadell, 1999; Urquiza et al., 1997) and discussed on an ongoing basis as part of staff meetings. Agencies can take advantage of the flourishing number of workshops on vicarious trauma at professional conferences in social work and other disciplines by sending a staff member for training and asking that worker to share what he or she has learned with the rest of the staff. This information provides a useful context a nd helps social workers to feel more competent and have more realistic expectations about what they can accomplish in their professional role. Preparation for a stressful event, when possible, protects individuals from the effect of stress (Chemtob et al., 1990). Learning new ways to address clients trauma may also help prevent vicarious trauma. Theories, such as constructivist self-development theory (McCann Pearlman, 1990a) on which the theory of vicarious trauma is based, maintain a dual focus between past traumas and the clients current strengths and resources. Working from a theoretical framework that acknowledges and enhances client strengths and focuses on solutions in the present can feel empowering for client and worker and reduce the risk of vicarious trauma. Group Support Both the burnout literature and the writings about vicarious trauma emphasize the importance of social support within the organization (Catherall, 1995; Munroe et al., 1995; Rosenbloom et al., 1995). Staff opportunities to debrief informally and process traumatic material with supervisors and peers are helpful (Horwitz, 1998; Regehr Cadell, 1999; Urquiza et al., 1997). Critical incident stress debriefing (Mitchell, 1983, as cited in Wollman, 1993) is a more formalized method for processing specific traumatic events but may be less helpful in managing repetitive or chronic traumatic material (Horwitz, 1998). Support can also take the form of coworkers help with paperwork or emergency backup. Time for social interaction between coworkers, such as celebrating birthdays or other events as well as organized team-building activities and staff retreats, can increase workers feeling of group cohesion and mutual support. Peer support groups may help because peers can often clarify colleagues insights, listen for and correct cognitive distortions, offer perspective/reframing, and relate to the emotional state of the social worker (Catherall, 1995). Group support can take a variety of forms, such as consultation, treatment teams, case conferences, or clinical seminars, and can be either peer led or professionally led. For example, shelter workers interviewed by Bell (1999) started a reading group and together read and discussed Pearlman and Saakvitnes (1995a) book, Trauma and the Therapist: Countertransference and Vicarious Traumatization in Psychotherapy With Incest Survivors. The group met after work on a regular basis. Group members learned about vicarious trauma and ways to deal with it in their own work and lives. The group cost the agency nothing, did not interfere with work, and provided an opportunity for workers to give each other much-needed support. Regardless of the form group support takes , Munroe et al. (1995) warned that it should be considered an adjunct to, not a substitute for, self-care or clinical supervision. There are some potential pitfalls of group support. One is the tendency toward groupthink and conformity (Munroe et al., 1995). Another is that members hearing about a coworkers distress may use distancing and victim-blaming as a defense mechanism. Peer groups and treatment teams also offer the opportunity for traumatic reenactments, such as splitting the group members into the roles of exploiter and exploited, that are so common in working with trauma survivors (Munroe et al., 1995). When groups are held within agencies, there is also the potential problem generated by conflicting roles in the group, such as a supervisor who is both supporter and evaluator or a coworker/supervisor who is also a friend. Finally, group members may be more rather than less traumatized by the necessity of hearing each others worst horror stories. Guzzino and Taxis (1995) have suggested a number of ways for members of such groups to talk about their experiences without further traumatizing group members through the use of psychodrama and art therapy. To further minimize the potential for problems in support groups, Catherall (1995) has suggested that group members discuss such a possibility before it happens and normalize the experience of vicarious trauma and its impact on the individual and the group. Supervision Effective supervision is an essential component of the prevention and healing of vicarious trauma. Responsible supervision creates a relationship in which the social worker feels safe in expressing fears, concerns, and inadequacies (Welfel, 1998). Organizations with a weekly group supervision format establish a venue in which traumatic material and the subsequent personal effect may be processed and normalized as part of the work of the organization. As one hotline worker said of the value of supervisory support in response to a stressful call: Its kind of like you have this big sack of rocks and every time you kind of tell someone about it you can, you know, give them a couple of your rocks and your sack gets lighter (as quoted in Bell, 1998). In addition to providing emotional support, supervisors can also teach staff about vicarious trauma in a way that is supportive, respectful, and sensitive to its effects (Pearlman Saakvitne, 1995b; Regehr Cadell, 1999; Rosenbloom et al., 1995; Urquiza et al., 1997). If at all possible, supervision and evaluation should be separate functions in an organization because a concern about evaluation might make a worker reluctant to bring up issues in his or her work with clients that might be signals of vicarious trauma. Dalton (2001) found that 9% of the variance in her study of social workers and secondary traumatic stress was related to supervision. Her results indicated that the number of times a worker received nonevaluative supervision and the number of hours of nonevaluative supervision were positively related to low levels of secondary traumatic stress. In situations where supervisors cannot separate the supervisory and evaluative functions, agency administrators might consider c ontracting with an outside consultant for trauma-specific supervision on either an individual or group basis. The cost of such preventive consultation might be well worth the cost savings that would result from decreased employee turnover or ineffectiveness as a result of vicarious trauma. Resources for Self-Care Agencies can make counseling resources available for all staff that interact with traumatic material (Regehr Cadell, 1999; Wade et al., 1996). If there are many employees encountering the same type of trauma in the agency or within the larger community, agencies may consider the feasibility of forming a peer support group, as discussed earlier. Workers also need health insurance that provides mental health coverage (Rosenbloom et al., 1995). Following is a quote from one young shelter worker who was seeing a therapist to deal with some of the challenges of her work: Its nice to be able to talk to an other professional person, It hink, who underst and salot of the crazy things that can happen working in as helter. It hink when you try to talk with your friends about it or family, they are horrified at some of the stories that you comeup with, so it help stoget feed back from an other professional who says, Oh,I know what youretalking about. Ive been there, and yes, that is very horrible.And mainly just to vent, just to be able to speak about it. To get it out, so it doesnt disrupt my life in other ways;in my sleep patterns or things like that.(asquotedin Bell,1998) Wade et al. (1996) also recommended that in addition to providing resources for therapy, organizations should provide opportunities for structured stress management and physical activities. Organizations with limited resources might consider exchanging training on areas of expertise with other agencies that have experts in stress management. Again, sending one staff member to a confere nce or workshop to learn stress management techniques and then asking that person to present what he or she learned to coworkers is a cost-effective way to circulate this information throughout an organization. Organizing something as simple as a walking or meditation group during the lunch hour or after work might also contribute to staff wellness at no cost. In summary, the physical and cultural environment of work may prevent or predispose social workers to vicarious trauma. Additional research is needed to understand how and to what degree social workers may be affected by the trauma they come into contact with in the workplace and which workplace variables are most salient. Furthermore, how vicarious trauma impacts the social workers relationship with clients is another fruitful area for study. Research that helps to clarify the relationship between vicarious trauma and burnout would also be useful in providing a clearer theoretical framework from which to make agency decisions. Conclusion Working with clients who have experienced traumatic events challenges many of the beliefs held in the dominant culture about justice and human cruelty. Being personally exposed to these realities can take a toll on social workers emotional resources and may effect their perceptions and worldviews in fundamental ways. Personal knowledge of oppre
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