Protecting Workers Rights In Construction

1. Protecting Workers RightsIn Construction IFBWW Conference Johannesburg 27th October 2004

2. working life in construction • Construction provides much needed employment for many of the world’s poorest and most vulnerable people. • 111 million workers • 75%in developing countries

3. Construction provides work for low skilled or entry level workers • Of special importance for the landless poor • Large numbers of rural - urban migrants look for work in construction • The industry is dominated by micro enterprises • 90% of firms have less than ten workers • Workers are recruited through intermediary agents, labour only subcontractors or directly at pick up points for day labouring

4. Decent Work • This is the main policy agenda of the International Labour Organisation. Decent Work applies to all workers, including those on daily wages and in very temporary, informal employment. • Decent Work is work that is carried out in a safe physical environment with conditions which respect the rights of workers as defined in national law and international conventions.

5. Reality is far from decent • Employment is almost completely informal. No social or legal protection. • Exploitative, dangerous, dirty working conditions • Inhumane living conditions, no amenities, water, shelter • Hazardous Child labour in brick kilns and quarries, roads and infrastructure

6. Reality is far from decent • Bonded Labour through debts and advances, especially with migrant labour • Discrimination in employment and Inequality in wages • Exploitative wages and long working hours • Active hostility towards workers who try to organise

7. International Labour Standards • The ILO Declaration of Fundamental Principles and Rights at Work (1998) • Core Labour Standards cover four areas and are defined in eight ILO Conventions • Freedom of association and the effective recognition of the right to collective bargaining, • Elimination of forced or compulsory labour, • Abolition of child labour • Elimination of discrimination in respect of employment and occupation.

8. Other Key ILS • Health, Safety and welfare of the workforce to be protected • Wages to be paid in full and on time, to meet legal minima and be sufficient for basic needs. • Working hours to be limited; overtime to be paid • All relevant social security regimes to be appliedto all workers without distinction. • Rights to Workers’ Representation • Convention 94 Labour Clausesin Public Procurement

9. Working Conditions: • Every year over 100,000 construction workers are killed in site accidents • Almost all of these deaths are foreseeable and preventable

10. Invisible and ignored • work related ill health accounts for many hundreds of thousands of premature deaths. Asbestos diseases alone kill about 100, 000 people every year • yet…. • Published data grossly underestimates the real number of accidents, and reporting of work related ill health is practically non existent.

11. Building Ill Health • Deafness • Vibration syndromes • Back injuries • Musculo skeletal disorders • Respiratory illness, asthma, cancer • Central nervous system disorders • Reproductive ill health • Renal, hepatic,cardio-vascular problems • Dermatitis • Dengue, malaria • HIV AIDS

12. Costs at macro economic level • Prevention of injuries and ill health is a development issue • 4% GDP of any nation lost on workplace accidents and ill health • A practical area for immediate improvements and tangible benefits to the poor

13. Exploitative employment and labour practices • Precarious contractual conditions, informal work, rural - urban migration • Workers seen as a cost by employers • Productivity and time pressure • Low trade union density, low social status of construction workers, poverty, lack of respect for human and trade union rights • Governments passive and permissive on workers rights and social protection

14. The role of GovernmentsLegislation, policy and tripartite structures • Establish Tripartite National Legislative and Policy agenda on OHS and Welfare • Sector- specific tripartite bodies, such as: Advisory Committees,National Interest Groups, Construction Industry Development Boards and Training Boards

15. Role of Governments • Ratification, transposition and practical implementation nationally of relevant ILO Conventions, Recommendations, Codes of Practice and Guidelines. • (Convention 167 and Recommendation 175 on Safety and Health in Construction, 1988. Code of Practice on Safety and Health in Construction 1991. Abundant Guidance on making construction work safe).

16. Legislation Promotion activities: guidelines, information, training and qualifications, assistance, inspections. Targeted campaigns on specific hazards and prevention measures. Enforcement and real deterrents: the fear factor: costs of fines and compensation, social stigma and loss of license or liberty for negligent employers.

17. Employers Organisations • Institutional participation on legislation and policy • Promotion of compliance and good practice in the industry • Mandatory training and skills certification • Compulsory employers liability insurance

18. Employers OrganisationsCollective Bargaining Recognition of trade unions for collective bargaining and workers participation in prevention on site. Establishment of Health and Safety Policies, internal regulations, Health and Safety management Systems and Joint Health and Safety Committees.

19. The Trade Union Effectrights -based focus • Trade Union Structure • Institutional participation • Legislation and policy agenda • Collective bargaining on OHS • Recruitment and organising • Safety Representatives and Committees • Information and training • Organising informal and migrant workers • Campaigns on health, safety and welfare

20. Informality and cut-throatcompetition undermine rights • There is an extremely high level of competition in the construction industry and contractors win bids by lowering their costs. • Labour is a major component of these costs.

21. Construction contract • Thus the winning tender may well be the one which pays the lowest wages, does not provide safety equipment or have coverage for accidents, and which has the largest proportion of informal workers, for whom no tax or social security is paid, and who are not covered in practice by any legal or social protection.

22. Construction contract • In this situation, the construction contract becomes a potentially important mechanism for the implementation of labour laws and improving conditions • There is a clear need for clauses that relate specifically to labour standards to be included in the contract documents. • Standard bidding documents; construction contract general conditions and particular conditions; plans and specifications

23. Health, safety and welfare costs should be included as mandatory components in tender documents • Sanitation, water, food and shelter . • First aid and health services. • Planning, co-ordination and operation of health and safety management system including training and workers participation • Collective and individual measures to protect workers safety and health.

24. Evaluation of tenders on OHS • Selection criteria for tenders should include past performance and current capacity on OHS and welfare • Volume and type of past output, OHS policy, budget, resources, system and structure, reporting system including near misses, accident performance, worker training and consultation.

25. OHS targets should be audited against each contractor on site; • Demonstrated commitment to OHS through policy, management, skills levels. • Ensure structures and and resources to implement policy and comply with law • Ensure communication and co-ordination between contractors and the participation of workers, including induction training

26. Conditions of tender on OHS • Project specific health and safety proposals for addressing points in tender • Create and maintain a Health and Safety Plan which includes health and safety policy, risk assessments and prevention measures • Present detailed health and safety Plan before work starts.

27. Construction contract • This places formal responsibility on the contractor, but it is important to develop a process around the contract, which involves awareness raising, training and capacity building for the client, engineer, contractor and employer, as well as for the workforce, and which puts in place agreed mechanisms for monitoring compliance.

28. Safety Representatives on site • Low union density is a key factor in explaining the poor safety standards in our sectors • Informal workers are widely dispersed in small companies and worksites. The use of casual and temporary labour, subcontracting chains and informal labour, creates an increasingly complex working environment where unions represent workers across multiple employers.

29. Roving Safety Representatives • Unions at branch or regional level should be able to provide an appropriate union representative to support all members of that union wherever and for whomever they work. But they need reasonable rights of access to workplace. And they need to be trained.

30. Role of the Safety Representative • Participate in Health and Safety Committee • Inspections, health /symptom surveys, accident book, documentation, reports and recommendations • Information, training and communication with workers on health hazards and the prevention measures to be taken. • Represent workers interests, including the right to refuse dangerous work without victimisation

31. Organising on worker’s rights • All workers have rights, regardless of employment status, but how to achieve? • Unorganised workers face exploitative working conditions and inhumane living conditions. Rural - urban migrants most vulnerable workers. • Address immediate needs for shelter and protection; water, fuel, food; child care and education; health and, above all, employment with fair conditions.

32. IFBWW recommendations • Construction safety legislation, properly enforced, including workers’ right to refuse to carry out dangerous tasks without fear of victimisation (ILO C.167). • Recognition of trade unions and the participation of workers in prevention. • Promotion of Health and Safety Management on site to ensure day to day application of prevention measures.