Right to Safety and Heath

at WorkStandards, Policy

and Action 2017

OSH - A HUMAN CONCERN

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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

• …and victims and first responders to terrorists attacks.

• Safety at work is a human rights, social and environmental issue.

Magnitude of problem

• ILO estimates are that about 2.78 million workers die each year from work-related accidents and diseases, and that globally this figure is on the increase.

• Only approximately 325,000 are due to accidents. The remaining 2+ million deaths are caused by various types of work-related diseases, which corresponds to a daily average of more than 5,500 deaths.

• 374 million non-fatal injuries and diseases.

• 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.

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 as does mining.

• 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.

Rights to Safety and Health at Work

• Preamble to the ILO Constitution

• 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 imperiled; 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, ….

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.

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;

Bases of ILO Actionon Safety and Health

• Standards and human rights

• Promotional tools

• Assistance

ILO Safety and Health Standards

• Guiding policies and frameworks 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 prevention and 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.

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

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

2009A BLUEPRINT FOR ACTION (2010-2016)

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ILO AND OSH: 1919-1960

CHARACTERISTICS

PIECEMEAL approach

DETAILED standards

Limited SCOPE

Focus on safety and PROTECTION

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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.

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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 …

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ILO AND OSH: 1960-70

EMERGING PRINCIPLES

Safety and health

Protection and prevention

Adapting the work environment to the workers

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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

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MAIN MODERN ILO INSTRUMENTS

1981: Convention No. 155

2001: PDCA guidelines

2002: Protocol

2003: Global Strategy

2006: Convention No. 187

2009: General Survey

2010 – 2016: Plan of Action20

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.

OSH - THE MODERN APPROACH

A dynamic methodological/systems approach

Action at workplace, national and global levels

Effective action depend on information

Effective action require awareness

OSH is not only a government, employer or trade union issue - but a common public concern – the development of a cultueof safety and health in daily life – at work and home.

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A SYSTEMS APPROACH

PLAN – DO - CHECK - ACT

Systematic prevention

Learn from experience

Continuous improvement

At national and enterprise levels

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The OSH systems approach

•Prevent, first and foremost•Protect against all risks•Compensate in the eventuality

of injury or illness

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.

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.

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.

C. 155: RIGHTS AND DUTIES

• EMPLOYERS

Prevent, control, protect

Provide information and training

• WORKERS

Cooperation

Right to representation

OSH no cost for workers

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.

C. 155: Right to withdraw

• Article 13

• “A worker who has removed himself from a worksituation which he has reasonable justification tobelieve presents an imminent and serious danger tohis life and health shall be protected from undueconsequences in accordance with national law andpractice.”

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

Other Guiding Principles

• C161 Occupational Health Services Convention, 1985: Establishment of OSH Services with an essentially preventive mission

• C187 Promotional Framework for OccupationalSafety and Health Convention, 2006:Establishment of a national programme on occupational safetyand health that includes objectives to be achieved in apredetermined time frame, priorities and means of actionformulated to improve occupational safety and health, andmeans to assess progress.

Recommendation 197: NATIONAL OSH PROFILE

Summary of OSH situationincludes 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

Particular Hazards

• C170 Chemicals Convention, 1990: The power ofthe government to prohibit or restrict the use ofcertain hazardous chemicals, or to require advancenotification and authorisation before such chemicalsare used. Obligations of employers to take measures, andright of workers to refuse to work with dangerouschemicals without protection.

• 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

Committee 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;

• 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.

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

2017 GS-conclusions• All recognize importance and are taking measures in

law and practice, ILS still up to date

• Work in construction, mining and agriculture remains hazardous

• Huge economic costs and loss of productivity of inadequate OSH

• Economic crises no excuse for inaction

• Undertake progressive improvements and continuous review and awareness raising

• Social dialogue and technical cooperation

XXI Safety and Health at Work 2017, Singapore

• Interesting issues/good practices discussed:• Global supply chains

• Workplace Diversity dimension

• Informal economy

• 4th industrial revolution…digital economy

• Vison Zero in construction

• Prevention, Prevention, Prevention

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,

• ILO launched 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 to include a follow-up mechanism to measure the progress made in 6 months time.

Latest developments in Bangladesh

• The ILO and the International Finance Corporation (IFC) launched a Better Work Programme for Bangladesh.• Emphasis on labour law reform for FPRW• Expanding and strengthening labour inspectorate• Over 10 companies have now joined for monitoring

• 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, July 2013, 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.

• Implemented by a project which dovetails with the ILO Better Work project – strengthening building inspection, osh measures