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Right to Safety and Heath at Work

Right to Safety and Heath at Work. Standards, Policy and Action 2013. Safety at work is in the news. Begin with the factory collapse in Bangladesh. Think about workers burning to death behind locked factory doors …

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Right to Safety and Heath at Work

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  1. Right to Safety and Heathat Work Standards, Policy and Action 2013

  2. Safety at work is in the news Begin with the factory collapse in Bangladesh. Think about workers burning to death behind locked factory doors … … environmental disasters like Bohpal et al., resulting from safety collapses. Safety at work is a human rights, social and environmental issue.

  3. Bases of ILO Actionon Safety and Health • Standards and human rights • Promotional tools • Assistance

  4. Rights to Safety and Health at Work • Preamble to the ILO Constitution • Whereas universal and lasting peace can be established only if it is based upon social justice; • And whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required; as, for example, by the regulation of the hours of work including the establishment of a maximum working day and week, the regulation of the labour supply, the prevention of unemployment, the provision of an adequate living wage, the protection of the worker against sickness, disease and injury arising out of his employment,the protection of children, young persons and women, provision for old age and injury, protection of the interests of workers when employed in countries other than their own, ….

  5. Universal Declaration of Human Rights • Article 23. • (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. • …. • Article 25. • (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

  6. International Covenant on Economic, Social and Cultural Rights Article 7 • The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: • ….. • (b) Safe and healthy working conditions;

  7. OSH - A HUMAN CONCERN

  8. OSH – AN ILO CONCERN 1919 -2013 • A LARGE NUMBER OF STANDARDS 1981 • A PARADIGM SHIFT: C.155 2002 • THE INFORMATION BASE: Protocol 2002 2003 • AWARENESS: A GLOBAL STRATEGY 2006 • THE METHODOLOGY: C.187 2009 • A BLUEPRINT FOR ACTION

  9. ILO AND OSH: 1919-1960 CHARACTERISTICS • PIECEMEALapproach • DETAILEDstandards • Limited SCOPE • Focus on safetyand PROTECTION

  10. Some subjects of individual instruments Marking of Weight (packages Transported by Vessels) Convention,1929 (No.27) – protecting workers against picking up heavy weights unaware. Radiation Protection Convention, 1960 (No. 115) - basic requirements to protect workers against the risks associated with exposure to ionising radiations. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - the working environment shall be kept free from any hazards due to air pollution, noise or vibration. Asbestos Convention, 1986 (No. 162) - Aims at preventing the harmful effects of exposure to asbestos. Chemicals Convention, 1990 (No. 170) - adoption and implementation of a coherent policy on safety in the use of chemicals at work.

  11. Subjects of standards on Branches of economic activity Plantations Convention, 1958 (No.110) Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) Safety and Health in Construction Convention, 1988 (No. 167) - Safety and Health in Mines Convention, 1995 (No. 176) - Safety and Health in Agriculture Convention, 2001 (No. 184) Plus other instruments with OSH concerns built in – e.g., HIV and AIDS, Domestic Workers, Indigenous and Tribal Peoples …

  12. ILO AND OSH: 1960-70 EMERGING PRINCIPLES • Safetyand health • Protection and prevention • Adapting the workenvironment to the workers

  13. 1970-80: A PARADIGM SHIFT Culminating in adoption of the Occupational Safety and Health Convention, 1981 (No. 155) • Focus on PREVENTION • A dynamic, policy-based approach • Broadest possible scope

  14. MAIN MODERN ILO TOOLS • 1981: Convention No. 155 • 2001: PDCA guidelines • 2002: Protocol • 2003: Global Strategy • 2006: Convention No. 187 • 2009: General Survey • 2010 – 2016: Plan of Action

  15. OSH - THE MODERN APPROACH • A dynamic methodological approach • Action at workplace, national and global levels • Effective action depend on information • Effective action require awareness • OSH is not only a tripartite but a common concern – a culture

  16. ILO Safety and Health Standards • Guiding policies for action; • Protection in given branches of economic activity: e.g. construction industry, commerce and offices and dock work; • Protection against specific risks: e.g., ionising radiation, benzene, asbestos, guarding of machinery; • Measures of protection: e.g., child labour, medical examinations of young workers, maximum weight of loads to be transported by a single worker, prevention of occupational accidents on board ship, prevention of occupational cancer, prevention of air pollution, noise and vibration in the working environment, indigenous and tribal peoples.

  17. Codes of Practice • 46 since 1950 • More detailed guidelines, mostly on specific risks • E.g., Safety and health in underground coalmines , in shipbreaking, ,in forestry work, Workplace violence in services sectors …. • Adopted in expert meetings, validated by Governing Body, experience • Used at industry and enterprise level

  18. Magnitude of problem • ILO estimates are that about 2.34 million workers die each year from work-related accidents and diseases, and that globally this figure is on the increase. • Only 321,000 are due to accidents. The remaining 2.02 million deaths are caused by various types of work-related diseases, which corresponds to a daily average of more than 5,500 deaths.

  19. Deaths due to work-related accidents and illnesses represent 3.9 per cent of all deaths and 15 per cent of the world’s population suffers a minor or major occupational accident or work-related disease in any one year. • The number of fatal occupational accidents, especially in Asia and Latin America, is increasing. For example, between 1998 and 2001, fatal accidents at work rose from 73,500 a year to 90,500 in China, while there were nearly half a million work-related deaths in 2001. • In Latin America, fatal accidents moved from 29,500 per annum in 1998 to 39,500 in 2001.

  20. Particular hazards • Diseases related to work cause the most deaths among workers. Hazardous substances alone are estimated to cause 438,489 deaths a year. • The construction industry has a disproportionately high rate of recorded accidents. • Overall, agriculture is the most dangerous occupation. • Younger and older workers are particularly vulnerable. • The ageing population in developed countries means that an increasing number of older persons are working and need special consideration.

  21. Basic principles of modern action • Building and maintenance of a national preventative safety and health culture and the introduction of a systems approach to OSH management. • The right to a safe and healthy working environment is respected at all levels. • Governments, employers and workers actively participate in securing a safe and healthy working environment through a system of defined rights, responsibilities and duties. • The principle of prevention is accorded the highest priority. • Increase general awareness, knowledge and understanding of the concepts of hazards and risks and how they may be prevented or controlled. • A systems approach to OSH management at the enterprise level.

  22. A SYSTEMS APPROACH PLAN – DO -CHECK - ACT • Systematic prevention • Learn from experience • Continuous improvement • At national and enterprise levels

  23. Basic requirements of standardson Guiding Principles C155, Article 4 • 1. Each Member shall, in the light of national conditions and practice, and in consultation with the most representative organisations of employers and workers, formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. • 2. The aim of the policy shall be to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment.

  24. C155, Article 6 • The ... policy referred to in Article 4 of this Convention shall indicate the respective functions and responsibilities in respect of occupational safety and health and the working environment of public authorities, employers, workers and others, taking account both of the complementary character of such responsibilities and of national conditions and practice.

  25. C155, Article 9 • 1. The enforcement of laws and regulations concerning occupational safety and health and the working environment shall be secured by an adequate and appropriate system of inspection. • 2. The enforcement system shall provide for adequate penalties for violations of the laws and regulations.

  26. C. 155: RIGHTS AND DUTIES • EMPLOYERS • Prevent, control, protect • Provide information and training • WORKERS • Cooperation • Right to representation • OSH no cost for workers

  27. C. 155: Right to withdraw Article 13 “A worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life and health shall be protected from undue consequences in accordance with national law and practice.”

  28. Employers responsibilities C 155, Article 16 • 1. Employers shall be required to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk to health. • 2. Employers shall be required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken. • 3. Employers shall be required to provide, where necessary, adequate protective clothing and protective equipment to prevent, so far is reasonably practicable, risk of accidents or of adverse effects on health.

  29. Protocol 2002: DATA AND STATISTICS BENCHMARKING AND INDICATORS Responsibility of employers for recording and notification Responsibility of government for collection of data & statistics, and publication

  30. Other Guiding Principles • C161 Occupational Health Services Convention, 1985: Establishment of OSH Services with an essentially preventive mission • C187 Promotional Framework for Occupational Safety and Health Convention, 2006: Establishment of a national programme on occupational safety and health that includes objectives to be achieved in a predetermined time frame, priorities and means of action formulated to improve occupational safety and health, and means to assess progress.

  31. Recommendation 197: NATIONAL OSH PROFILE • Summary of OSH situation • includes information on occupational accidents and diseases, national OSH system, and activities carried out by relevant organizations. • Basis for a national OSH program • Benchmark for progress review

  32. Particular Hazards • C170 Chemicals Convention, 1990: The power of the government to prohibit or restrict the use of certainhazardouschemicals, or to requireadvancenotification and authorisationbeforesuchchemicals are used. Obligations of employers to take measures, and right of workers to refuse to work with dangerous chemicals without protection.

  33. C174 Prevention of Major Industrial Accidents Convention, 1993: prevention of major accidents involving hazardous substances and the limitation of the consequences of such accidents, at “major hazard installations”. • identification of major hazard installations, based on a list of hazardous substances or of categories of hazardous substances or of both, together with their respective threshold quantities

  34. Comm of Experts findings, General Survey 2009 Challenges and opportunities: encouraging MNEs to serve as role models in this area by maintaining the highest OSH standards; encouraging enterprises to lead research into causes of OSH hazards and also to support the implementation of workplace strategies through corporate social responsibility initiatives; underscoring the importance of facilitating access to OSH information guidance and training for SMEs; developing practical and viable indicators to demonstrate progress in this area;

  35. extending OSH protection to the informal economy; promoting social dialogue which is an essential prerequisite in this area; improving the collection and quality of occupational accident and disease statistics; promoting research and methodologies regarding the economic impact of a sound implementation of OSH requirements; and promoting international cooperation regarding OSH.

  36. Survey: THE WAY FORWARD • Promote a preventative safety and health culture • C. 155 (P 2002), and C. 187 blueprint for action • These OSH instruments increasingly relevant • Flexibility devices should be used • Management systems approach key • Statistics and indicators crucial • MNEs to assist SMEs

  37. Response to the Bangladesh disaster • Not isolated: loss of life and serious injuries caused by the collapse of the Rana Plaza Building in Savar on 24 April 2013, as well as recent factory fires at Tazreen Fashions Limited and Smart Export Garments. • ILO High-level mission one week later. • The tripartite partners and the ILO agreed on the necessity to develop an action plan focusing on the following short and medium term steps: • in June 2013, of a labour law reform package on freedom of association and OSH, • Assess by the end of 2013 the structural building safety and fire safety of all active export-oriented ready-made garment factories in Bangladesh, and initiate remedial actions,

  38. ILO to launch a skills and training programme for workers who sustained injuries in the recent tragic events at Tazreen Fashions Ltd., Smart Export Garments and Rana Plaza that resulted in disability, and company to redeploy them, • Recruit, within 6 months, 200 additional inspectors and upgrade systems, • Other measures … The action plan will include a follow-up mechanism to measure the progress made in 6 months time.

  39. Latest developments in Bangladesh The ILO and the International Finance Corporation (IFC) to consider launching a Better Work Programme for Bangladesh. Integrated National Tripartite Plan of Action on Fire Safety and Structural Integrity (NTPA) Alliance for Bangladesh Worker Safety, bringing together 17 US retailers and brands and aims to inspect and set safety standards in 100 per cent of the factories used by the signatories over the next 5 years Sustainability Compact, between the EU, Bangladesh Government and the ILO, published in July, builds on the NTPA and seeks action on labour rights, in particular freedom of association and the right to collective bargaining, building structural integrity and occupational safety and health, as well as responsible business conduct by all stakeholders engaged in the RMG and knitwear industry in Bangladesh.

  40. Sustainability Compact, between the EU, Bangladesh Government and the ILO, published in July, builds on the NTPA and seeks action on labour rights, in particular freedom of association and the right to collective bargaining, building structural integrity and occupational safety and health, as well as responsible business conduct by all stakeholders engaged in the RMG and knitwear industry in Bangladesh.

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