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amending Articles 11 and 17 of Resolution 2346 of 2007 and other provisions

DRAFT - WORKING DOCUMENT (Note: the draft is
authorship of the Ministry of Social Protection) Whereby
amending Articles 11 and 17 of Resolution 2346 of 2007, and enacting other provisions
THE MINISTER OF SOCIAL
Using its legal powers, especially those conferred by Article 348 of the Labor Code, paragraph a) of Article 83 of Law No. 09 of 1979 paragraph 12 of Article 2 of Decree 205 of 2003 and Article 56 Decree 1295 of 1994,
RESOLVED:
ARTICLE 1. Amend Article 11 of Resolution 2346 of 2007, which will read:
Article 11. RECRUITMENT AND COST OF OCCUPATIONAL MEDICAL EVALUATIONS AND ASSESSMENTS UP.
The cost of occupational medical evaluations and tests or additional assessments as may be required will be paid by the employer in its entirety. In any case, may be charged or requested from the applicant or employee.
The employer may contract out of the occupational medical evaluations to institutions providing occupational health services, which should have specialists in occupational medicine or occupational health, licensed occupational health or referred directly to the professionals.
PARAGRAPH. The employer must, protect and ensure that occupational medical evaluations are conducted by specialists in occupational medicine or occupational health, licensed occupational health, otherwise subject to the penalties provided in this resolution.
ARTICLE 2. Amend Article 17 of Resolution 2346 of 2007, which will read:
Article 17. CUSTODY OF OCCUPATIONAL MEDICAL EVALUATIONS AND OCCUPATIONAL MEDICAL RECORDS.
The following rules apply to the custody of occupational medical evaluations and occupational histories:
a) The custody of occupational medical evaluations and occupational history will be the responsibility of the provider of occupational health services that generated in the course of care, meeting the requirements and filing procedures under the current legislation.
DRAFT - WORKING DOCUMENT
b) The responsible entity may submit a copy of the occupational history foliated the user or his legal representative at his request, for the purposes provided for in existing legislation.
c) In case of death of the patient, may request a copy of the occupational history, only your spouse, partner (or) continuing their sons and successors, and those expressly authorized by existing legislation.
d) In the event that there are documents of occupational history in various entities, the responsible entity, which requires information contained therein may solicitar copia a la entidad a cargo de los mismos, previa autorización del paciente o de su representante legal.
e) Cada entidad responsable, debe dejar constancia del traslado entre entidades responsables de la historia clínica ocupacional de un usuario, en las actas o registros de entrega o de devolución, firmadas por los funcionarios de las entidades encargadas y responsables de su custodia.
f) En caso de disolución o liquidación de una entidad responsable, la historia clínica ocupacional se deberá entregar al usuario o a su representante legal. Ante la imposibilidad de su entrega al usuario o a su representante legal, el liquidador de la empresa designará a cargo de quien estará la custodia de la historia clínica occupational, even by the end of retention provided by law. This was communicated in writing to the Directorate Section, District Health and Local authority, which shall file or record store these communications to inform the user or the competent authority in the custody of that entity is the history occupational.
PARAGRAPH 1. The archive, security, production, receipt, distribution, consultation, organization, retrieval and disposal of occupational medical records through data messages, is governed by the laws in force for the general history and the parameters set by the Directorate General of Occupational Hazards.
PARAGRAPH 2. The transition of the occupational history information systems, shelf life and its conservation through data messages, is governed by the laws in force for the general history and the parameters established by the General Risks professionals.
PARAGRAPH 3. Medical specialists in occupational medicine or occupational health, which are part of the medical services company, will have custody of the occupational history and are responsible for ensuring its confidentiality, as provided in Article 16. the
DRAFT - WORKING DOCUMENT
Resolution 2346 of 2007, the rules that substitute, complement or supplement.
In any case employers may have, keep or attach a copy of medical evaluations and occupational history to resume the worker.
ARTICLE 3. PENALTIES. Failure to comply with Resolution 2346 of 2007 and other regulations that add to it, modified or replaced, shall be punished as provided in subparagraphs a) and c) of Article 91 of Decree Law 1295 of 1994 and the National Health Authority in its jurisdiction.
The administrative inquiry and punishment will be the responsibility of the Regional Directorates of the Ministry of Social Protection, in accordance with the provisions of Article 115 of Decree Law 2150 of 1995.
ARTICLE 4. This resolution is effective as of the date of its publication and amends articles 11 and 17 of Resolution 2346 of 2007.

Best Concentration In Business

RESOLUTION REQUEST RIGHT OF PETITION RIGHT

Santiago de Cali, March 10, 2009




Doctor. Ana Maria Cabrera
Videla.
Professional Risk Manager.
Ministry of Social Protection.



right of petition.

Based on Article 23 of the Constitution and the Decree 01 of 1984 (Code Administrative) I turn to you, in a respectful and courteous to make the following requests:

ARGUMENTS:

Resolution 2346 of 2007 which regulates the practice of occupational medical evaluations and management and content of stories occupational clinics, whose spirit is undeniably good and necessary for the development of occupational health in the country business and also to protect workers' rights, suffers from procedural defects that have prevented their full implementation and compliance actors in the General System of Occupational Hazards, especially those directly involved with responsibilities and duties: Occupational health physicians, IPSSO., EPS and employers, grievances and disagreements of the various stakeholders that led to this resolution, although this effect is under review for more than 15 months, to date, looking fit so it can be adhered to.

Compliance not only creates difficulties in operationalizing the custody of the occupational histories, but will load cost responsibility associated logistical and economic course for doctors, not only in custody, if not carrying out studies and statistical reports on health of workers who are evaluated situations previously warned the DGRP.

Doctors can make the statistical reports and health diagnoses, but costs need not be made by doctors, should be the responsibility of employers are putting the risk to workers and are required monitor and maintain the health of their workers.

The resolution must include provisions governing the conditions under which the contract and not let the free supply and demand for services that are required because these situations create inequality and injustice in the system.

The SGRP. no decisions should be improved with costs charged to doctors, that are not theirs, we are ready and accept the responsibilities characteristic of our work and services assigned to us by the System, provided that each have a payment, and fair pay.

This resolution also opens the door to the EPS. IPSSO to assemble. to provide occupational health services, which goes against the vertical integration that aims to control a monopoly on the provision of health services to the EPS., with IPS. owned and limited to only lend up to 30% of IPS. Own, If the limited health system monopoly is not just legal or in SGRP. enable them to participate in the provision of services.

consider whether provisions of this resolution have to do with our work and affect our fair wage, have the right to comment on it, so we need to know the revised draft resolution prior to penalty to make objections and clarifications to prevent our rights from being injured and taken measurements that can make this resolution applicable to While the SGRP. and all its stakeholders, based on the articles of the Constitution: Article 25. Everyone has the right to decent work and fair., Article 53. Remuneration commensurate with the amount and quality of work. and Section 74. everyone has the right to access public documents, and the law of Oversight Citizen make the following requests:

REQUESTS:

Send the draft Resolution 2347 of 2007 and revised before its enactment.

Establish a reasonable time for review, study and to get to the Risk Management Professionals objections and suggestions.

take into account the observations and recommendations attesting justified applicable resolution, cumplibles and fair.









Sincerely.

Carlos Arturo Rojas Grisales MD. MSO. Overseer
Delegate to the General System of Occupational Hazards.





"For a SGRP. best and fair "

Dry Fruit Cost In Bj's

2346

Santiago de Cali, March 26, 2009.

Doctor.

Ana Maria Cabrera Videla.

Director General of Occupational Hazards.
Ministry of Social Protection.

right of petition.

Based on Article 23 of the Constitution and the Decree 01 of 1984 (Administrative Code) I am writing to you in a respectful and courteous to make the following requests:

REQUESTS.

Establish or include in the body of the resolution amending Resolution 2346 or herself:

1. Article 11 of Resolution 2346 Recruitment and cost of occupational medical evaluations a paragraph to clarify that employers may not hire occupational medical evaluations with EPS. or IPS. Occupational Health or property associated with the EPS.

2. Section 11 of Resolution 2346 Recruitment and cost of medical evaluations , as amended, which costs Diagnostics Health conditions are made the exclusive responsibility the employer.

3. analyze in greater detail, carefully and in consultation with the different actors of SGRP. and especially Medical Specialists Occupational Health Who or entities who would be to the custody of HCO with proper guarantees for their conservation and the necessary logistics for the movement and use of these documents among the actors system when necessary and under the conditions permitted by law, must be flexible, timely and safe?

Before taking the decision referred to the draft of Resolution 2346, which I think is not the most appropriate and will surely lead to serious injuries that are indexed to compromise the efficiency of the procedure for managing the HCO. and other processes related to it, the SGRP., plus the reliability and prestige of the DGRP. and the MPS.

ARGUMENTS.

ARGUMENTS OF PETITION 1.

Social Security System in Health ordered set a limit or cap on the EPS. in providing health care to IPS. Own up to 30% of them, to avoid the monopoly of the EPS. managing and providing service

The SGRP. can not go against vertical integration path, opening doors to the EPS. in providing health services when they are being limited in the health system.

EPS. to provide occupational health services IPSSO. own or linked to them, specifically occupational medical evaluations, may come into bias in diagnostic assessments and concepts of occupational medical evaluations, which are key elements in the rating of the health event source, which may influence the decision of who coverage is the responsibility of income, gender inequality and injustice in the system.

ARGUMENTS OF REQUEST 2.

costs of occupational medical evaluations and occupational health program should be borne by the employer only.

On the value of occupational medical evaluations should assume the employer, pursuant to Section 348 of the CST literal b) of Article 30 of Decree 614 of 1984 and no. 1 of Article 10 of Res. 1016 of 1989 (content of the program occupational health)

Concerning the cost of occupational health program should also be borne by the employer, as provided by paragraph 1 of Article 4 of the Res. 1016 of 1989 which says, "employers or employers are required to allocate human, financial, and physical development and essential for the full implementation of occupational health program"

Art 56. 1295 Decree 1994 provides that the employer is responsible for the prevention of occupational hazards and implementation of occupational health program

The diagnosis of health conditions of workers in a company referred to article 18 of Resolution 2346 is part of activities basic and major subprogramme of work Preventive Medicine and Occupational Health Program, to: a standardized planning and monitoring health conditions of workers in the workplace, designing disease prevention programs, unification criteria in the implementation of occupational medical evaluations, statistical information, its analysis are applied in the development of epidemiological surveillance systems, comprehensive rehabilitation programs and qualification processes and origin of loss of earning capacity, therefore the costs of this diagnosis should be borne entirely by the employer and not have to be carried out by doctors, although they make.

In short, the employer must pay the costs (for each) of the occupational medical evaluations, tests or additional assessments and the Diagnosis of health conditions of workers a company.

If the ARP. and EPS. can not assume or replace directly or indirectly by law the responsibilities incumbent on the employer and in particular those obligations and commitments under the Occupational Health Program why that is charged the costs, as in the case Diagnosis of health conditions, the doctor or IPSSO. and does not establish clearly and unequivocally that this service must be paid by the employer, otherwise it would not be enforceable tax and, if no optional in each case.

ARGUMENTS OF REQUEST 3.

regard to the custody of employment and medical history are not considered appropriate that the IPSSO. and doctors who perform medical evaluations that the custodians, for the dispersion that would be generated from them with the respective risks of confusion and loss thereof, affects the security, agility and speed the use of these documents allowed by law

The occupational medical records are private documents, and subjected to compulsory reservation, whose loss has legal implications for whom the custody and for whom particular case laws on the organization of it.

should be clear that the occupational medical evaluation is not occupational medical history, which is formed by or pre occupational medical evaluations, periodic, etc., Complementary examinations and registration of medical evaluations. Physicians or IPSSO. to make medical evaluations, evaluation custodiarían and medical examinations, no occupational medical history.

If the documents are part of the main and sub programs of preventive medicine and the work of occupational health programs, which is the responsibility of the employer who is who puts the risk the worker, he must bear the costs of filing and safekeeping.

The logistics for the use and transfer of these documents among the actors of SGRP. and even the judges of the republic is not clear and expeditiously, as outlined in the draft resolution 2346, there are inaccuracies and gaps in form and substance attributable to provisions made in the resolution would cause confusion, loss, and failure of opportunity.

is not appropriate for this important and definitive resolution SGRP pair. can again be inappropriate and ineffective, that does not happen all that should be necessary.

For all arguments presented and substantiated, and those covered in Law 23 of 1981 Section 34 and following, the 3380 Decree 1981 of this Act, the resolution 1995 of 1999 which regulates the issue of medical records in Colombia, Resolution 1715 of 2005 partially amending the previous Resolution and the Constitution of Colombia, if the resolution is in the terms set forth in Resolution 2346 and the draft amendment would be vulnerable, because it violates the rules raised in this petition law to be unconstitutional and contrary to fundamental rights of doctors, as the right work, to fair remuneration for work performed and equality.

is my right as a doctor SGRP actor. who knows and is actively involved with work experience, and my duty as a citizen and Overseer Officer for the SGRP. early warning of the vacuum that may be the resolution, so that in this way and fulfilling one of the objectives of a preventive Veeduría the highest level legislate in the best interest of the SGRP. and its actors,

Please note the comments of the rights request on the previous issue.

Sincerely

Carlos Arturo Rojas Grisales MD. MSO.

Overseer Officer for the SGRP.

Citizen Veeduría System Comprehensive Social Security Prosesa

(pro - Social Security)

Can One Paracetamol Kill Dog

The ways of telling the story (1 º parte)

Authors: Marcelo Serrani and Catalina Sosa

This paper tries to account for surrounding discourses in society for the military suffered by our country in '76.
The body with which we worked is heterogeneous. On one hand, takes the television interview by journalists Haddad and Emilio Massera Longobardi broadcast on Channel 2 in La Plata, then America, August 8, 1995. On the other hand, there is a production made by students of CBC resulting from responses to a questionnaire. This constitution of the corpus leads to a first reflection on the constitution of our corpus and the corpus in general. The selection of the first decision is always an analysis as you cut more or less arbitrarily a fraction of the continuum of discourse. This is recognized as a materiality given, consisting of files of different types: oral or written, or a material constructed that can be generated through surveys, questionnaires. As a first overview of the discursive sequences that compose it can be synchronic or diachronic, produced by one or more speakers, be one or more sequences, and may also belong to one or more ideological formations. Memory appears
activity required for its constitution and in the same speech that composes it. Memory recalls and reconstructs the discursive operations and is what ultimately decides in the first instance under analysis. This first domain is added the current and prior. These three domains do not imply a diachronic succession in the discourse but result from repetitions, breaks and changes of its components in procedural time and are in the same corpus.
However, discourse analysis has not yet occurred, in our view, valid tools to establish and evaluate the body of work. If we accept that discourse analysis is a discipline of interpretation, governed by ethics and politics, and ultimately it is also a speech corpus and the analysis is inextricably joined in the discourse continuum. Seem to be a problem that only appears if we question the quality of the analysis as being conditioned by the very act of constituting the corpus. The demands of ethics and policy analysis conducted by Pêcheux for more than 20 years, extending to the corpus as the only possibility of stringency. But if we consider the problem in all its magnitude, we see that we do not have regular and consistent parameters to analyze the context, empirical subjects (as producers of the discourse) and sufficiently describe the ideological and discursive formations. We are confident that the materiality of discourse is produced and conditioned by the combination of these elements but we are still in a stage of discipline where the tools we use to describe and analyze too general, loaned by nearby disciplines, and as psychology, sociology, linguistics, descriptive logic, history, etc. We could also consider the studies as a transdisciplinary discourse but we have to know what is taken from each discipline, under what conditions, how to use it, what combinations be accepted, etc..
Despite all this we have a body like an interview with Massera and this interview because there was no historical conditions permitted.
On December 30, 1990 by Decree 2741 the then president of Argentina, Carlos Menem, pardoned the former military leaders Jorge Rafael Videla, Emilio Eduardo Massera, Orlando Agosti, Roberto Viola and Armando Lambruschini.
As described in the drafting of the decree, this was signed to contribute to "peace and reconciliation," urging the government at that time: "(...) it is noted (...) This measure is only political mechanism, constitutionally intended to create the conditions of national peace (...) is one among the many measures that the national government, sacrificing convictions obvious, legitimate and historical, is willing to promote to achieve the pacification of the republic (...) exercised a power of the executive branch itself, based on superior legal reasons, aimed to contribute to a genuine national reconciliation and peace "(Decree 2741)
On April 25, 1995 on the television program of Bernardo Neustadt, the then Chief the FF AA, General Martin Balza, admitted that in the 70's the army had acted "abandoning the path of constitutional legitimacy "and had obtained information through illegal methods. Further argued that there were no lists of names of missing persons.
In July '95, nearly five years after the decree which gave him freedom and about 15 years he had remained silent, the former Admiral Eduardo Massera accepted to be interviewed by the journalist Olga Wornat for People Magazine. There was a series of statements in defense of the procedures of the military junta, refuting the General Balza said. Massera said that "in war you must kill to survive" and added that "certainly some tortured and a few missing but I am not a murderer. "
Following these statements, on 8 August of that year Haddad and Longobardi in transmitting the eponymous TV in America, made a report to Massera nearly two hours.
In March 2005, fifteen years after the signing of the decree, Menem reiterated his position saying that the pardons granted in his government "brought peace and harmony" and recalled that not only pardoned "but also military subversive guerrillas. " (23/03/2005)

In this report, understood as discursive reference sequence, we want the quote Massera makes for perlocutionary acts and the book of Austin Doing things with words (...)


Massera: Excuse me, I will say you will. I talk about 9000 ... start talking about 30000. To condemn us for 700 typical cases, which does not mean that the 700 typical cases are missing because there is Miralles ... are ehhhh ... a lot that was in ... bah! other people who represent and the Mothers of Plaza de Mayo, the last complaint is made where they ask for 700, 800 missing persons who are not 30000. Sorry, let me be clear, if one is gone I deal
Haddad: Yes, you, know that morality is not quantitative but qualitative
M. So I say, but say it is not itself create a climate that is what creates Never Again exceeding its responsibility, because he can not political judgments and I sometimes say no coincidence that ...
Longobardi: Here no judgment. Here, even you, have heard in the first paragraph we read that the book never admits that Argentina was terrorism, and questions the way they fought it, which is what we are discussing at this time.
M: Yes, but forgive me, it never says: "Everyone fell in the raid. Union leaders fighting for improved wages, boys who had been members of a student center, journalists who were not addicted to the dictatorship, psychologists, nuns, priests and friends of any of them and friends of those friends y. .. "Does this seems not to express an opinion?
H: Al contrario you. says, however, that those who fell today are not "had direct involvement in subversion?
M. I have to understand that yes. I'm not saying that there were no exceptions. Yo, here I is not no coincidence that that Rabossi. See, Rabossi translated this book is very good, a book of Austin, How to Do Things with Words Austin and here speaks of what he calls a perlocutionary act. The act perciona ... perlocutionary mean to say "you is a young offender "or" you are a degenerate criminal " Ud. está condenando, ud. está haciendo una apreciación a priori en situación desfavorable al que ud. está...
L. Bueno, vamos a ponerlo así. Convengamos que en la Argentina hubo una lucha contra la subversión, esto está claro. ¿Por qué no se hizo esa lucha del modo legal, abierto y transparente y conocido por toda la sociedad?
M. Pero la lucha fue legal, desgraciadamente lo que no se puede legalizar...
(...)

Lo primero que surge es la evidencia de la utilización de la referencia a Austin como una cita de autoridad para contra argumentar la tesis al que él mismo refiere respecto del carácter valorativo de la descripción de los desparecidos presentada por el prólogo the book Never again. However, the explanation for the example is wrong. Perlocutionary force is recognized by a verb and not based axiological adjectives. Moreover, the notion of "a priori" would think that trying to explain illocutionary force. In any case the type of error prevents us from recognizing clearly the causes of confusion. As long as one accepts that the reference comes from some kind of knowledge, at least in part, the theory of speech acts. But beyond this there is a fact and is the Austin and an aspect of his theory appear in the speech reference and this happens to justify the trial a priori ideological this in the Introduction of the book Never Again

In The authorized language: the social conditions of the effectiveness of social discourse "Pierre Bourdieu criticized formality Austin theorizing and a reduction and concealment of the social relations of domination a logical operation. From this perspective the use, but mistaken, one of the concepts of Austin is at least paradoxical: to resolve a semantic dispute which is supported by the description of empirical subjects submitted to the repressive actions of the state through a formalism that tried, in fact , conceal social relations.
The first resolution would be to understand the performative as facts and, therefore, are understood ideologically. This is that while we can always interpret events from the social historical situation where the speaker appear and the states. In this case, Emilio Massera, a member of the first military junta that ruled Argentina after the 1976 coup and was convicted of three murders.
A second resolution is simple but functional to our analysis: they never tried to explain the perlocutionary force, but to use Austin as authority to support the reformulation of sense of the word "disappeared" and their pre-built character. So this construction would result a discursive production of an ideological nature while a trial is not held in an empirical test. In a historic moment was assigned to identify the dead in battle in the field of subversion that classification that erases the event and replaces it with a sense that accuses the fighters of the military camp of immoral acts. The word that is attached to the "disappeared" belonging to the same conceptual field in the sense strand of discursive reference sequence, as found on causation is "war" and the noun phrase "dirty war" and "war against subversion ". Regarding the meaning of this nominations are agreed on the use made by Haddad, Longobardi and Massera, allowing us to say that we find three speakers for the same speech. By this same argument does not show any respect for making this nomination in the sdr.
To produce an effect of meaning on the "prebuilt" disappeared and within the domain of memory found in the sdr a series of paraphrase, this is significant resonances around the noun phrase "the fantasy"

M: ( ...) to try to clarify some things that happened society which does not mean I know all this fantasy that has been woven of horrendous crimes and so on., etc., etc.
M: There was in any case. If there is any case, we should try something that has not been tested, are all fantasies

M (...): (...) Desagraciadamente our society started with a fantasy that comes
far the fantasy of Scilingo not is a novelty. This began with the fantasy of a place famous Vilariño (...) Everything said was totally false Vilariño out (...) but unfortunately that was disseminated was easier to buy that version to buy the truth.
M: (...) we will re-create another fantasy (as opposed to the testimony of Scilingo)
And as a derivation of this causal chain that responds

the chain carries X to Y

Where X is usually a noun phrase determinant of the type name.

found the following paraphrase Massera's voice within the same space referential, while discursive productions:

"That man wove a novel Dri Bonasso"
"another novel, the flight" the newspaper Clarín, in another fictionalized story "
" invents a job working with me politically "
" invented around "
" All those stories are the stories they are created every day, every day, "
" Lanata has written a novel "
"black history majors, that's where the story is distorted"
These resonances built
significance not only that but also a real alternative and opposite to the one constructed by the introduction of never appearing in discourse as the other voice who dispute the meaning of reality. So, those are statements of this discourse are two possibilities: ideological representatives of the sectors involved in subversive or that discourse. Speech, on the other hand, is considered hegemonic.

"but who are those who have horrible things?"

Of course this is an argument ad personam but also remains in connection with the statements paraphrased the last string with which it shares verbs describing the action to state conditions and objects whose meaning products in this statement: invent, invented, written, count.

social results of this hegemonic discourse are recognized in the activities carried out by the ideological state apparatuses spreading and imposing this speech that makes a real stable and, therefore, responding to a logical necessity of the state itself.

As a causal relationship with elements of the second string appears:
"And unfortunately it is poisoning our youth I read in school and read and people believe, at face value "so they sell in schools"
(Continued)