Health, Safety & Working Conditions: The ILO Normative Framework Trade Union Training on the Validation of the training manual entitled “Union Training on Occupational Safety and Health” Health, Safety & Working Conditions: The ILO Normative Framework

Structure of the Presentation 1) OSH: a basic Human Right 2) Current Global OSH Statistics 3) Factors Affecting OSH of Workers 4) What is Decent Work? 5) Definitions: Convention, Recommendation & Codes of Practice 6) ILO Normative Framework on OSH: Conventions 155, 161 and 187 Annex 1 and 2

1) OSH: a basic HUMAN RIGHT Whose safety, health and life are we talking about? Yours… Mine… Every worker’s life! Then how can we sit back when… Every 15 Seconds, a worker dies from a work-related accident or disease Every 15 seconds, 160 workers have a work-related accident But what does this mean? It means that by the end of this day, nearly 1 million workers will suffer a workplace accident . around 5,500 workers will die due to an accident or disease Source: ILO, World Day For Safety and Health at Work, 28 April 2009

OSH – prevention is the only cure! Imagine the headline news if 5,500 people died when an airplane crashes! But occupational accidents and work-related diseases mainly go unnoticed. Why? Because workers die one at a time, or die years after ceasing to work, often in small towns, noticed only by their family, friends and co-workers. OSH – prevention is the only cure!

Recognition of OSH as a human right “Protection of the worker against sickness, disease and injury arising out of his employment”(ILO Constitution,1919) “Everyone has the right to work, free choice of employment, to just and favourable conditions of work” (Art.23, Universal Declaration on Human Rights, United Nations, 1948) “Covenant recognises the right of everyone to enjoyment of just and favourable conditions of work which ensure safe and healthy working conditions” (Art.7, International Covenant on Economic, Social and Cultural Rights, United Nations, 1976)

Message from the Former UN Secretary General “Safety and health at work is not only a sound economic policy, it is also a basic human right.” Kofi Annan Former Secretary General of the United Nations

2) Current Global OSH Statistics 337 million fatal and non-fatal work-related accidents 2.3 million deaths from work-related accidents and diseases 160 million occupational diseases 30 - 40% lead to chronic diseases 10% lead to permanent disability 4-5% loss of GNP Hazardous substances kill about 650,000 workers annually Approximately 125 million workers are exposed to asbestos in the workplace, which results in at least 90,000 deaths every year. Access to OSH Services: 5-10% in developing and 20-50% in industrialized countries

Work-related Annual Deaths - World

3) What factors affect workers health and well being?

Factors affecting OSH of workers Nature of job, conditions of work & awareness OSH systems and implementation at work Working hours, compensation system [e.g. excessive working hours that are driven by low wages and piece rate systems], Skills and training of workers Management policies and practices Socio-economic insecurities - without minimum forms of socio-economic security workers accept any working conditions What else?

Decent Work must be Safe Work Lack of social protection combined with adverse changes due to pressures of globalisation has increased stress and insecurities. Work-related stress and ill health are now global sicknesses. Mr Juan Somavia Director General of the ILO Decent Work must be Safe Work Decent Work agenda promotes a Rights-based approach to health & socio-economic security of workers!

4) What is Decent Work? Work that is productive, gives fair income, security in the workplace & social protection for the family, equal opportunities & treatment, better prospects for - personal devt & social integration, freedom to organise & participate in decision making -------------------------------------------------- concept of decent work encompasses both individual and collective dimensions (C 87 & 98)

The 4 pillars of Decent Work productive employment & sustainable enterprises social protection/ social security for all Standards & basic rights at work Promotion of Social dialogue, Including Collective bargaining [+ Gender Mainstreaming]

5) Definitions: ILO Conventions and Recommendations Are international treaties When ratified, are legally binding If not ratified, represent legal objectives and influence national legislation Are technical or promotional 189 Conventions (as at June 2011) Are not open to ratification Are not legally binding Provide technical or general guidelines for national policy and practice. 201 Recommendations (as at June 2011)

6) ILO Normative Framework on OSH Three Key OSH Conventions namely: - OSH Convention, 1981 (No.155) - Occupational Health Services Convention, 1985 (No.161) - Promotional Framework for OSH Convention, 2006 (No.187) These Conventions are the bedrock of National Policies and Laws concerning OSH. Unions need to have a clear understanding about these minimum standards in order to have a better profile of occupational risks and how to deal with them in law and practice.

OSH Convention, 1981 (No. 155) Sets out the framework for prevention of occupational risks through public policies. Defines what constitute a workplace. Relates risk factors, situations and conditions that must be taken into account to prevent harm to health.

Continues Highlights the major fields of action for OSH policy: - Training - Communication - Cooperation - Protection of workers and their representatives from disciplinary measures. Establishes how to organise prevention within enterprises including:

Continues Employers’ obligation to: Workers’ rights to: - Ensure that the workplaces, machinery, equipment and processes under their control are safe and without risk to health - Provide workers with adequate protective clothing and protective equipment - Collaborate whenever two or more undertakings engages in activities simultaneously at one workplace Workers’ rights to: - Their health and safety to be protected from occupational hazards - Receive information and training

Continues Workers’ Representatives - Examine aspects of safety and health associated with their work - Halt work in case of serious and imminent risk - Have right to be consulted and use external expertise - Cooperate in the fulfilment of employer’s obligations, and inform him/her of any work situation involving a serious and imminent risk Workers’ Representatives - Workers’ Safety Delegates, Workers’ Safety and Health Committees and Joint Safety and Health Committees - Are entitled to right of information on all aspects that may impact workers’ health and safety, as far as they not disclose trade secrets.

Continues Occupational health services - Duty to identify and assess risks - Monitor work environment - Propose actions for prevention - Conduct surveillance of health - Advise the employer, the workers and their representatives.

Occupational Health Services Convention, 1985 (No. 161) Affirms that “each Member should develop progressively occupational health services for all workers …in all branches of economic activity and all undertakings.” Sets out the functions of Occupational Health Services, which among other things include the necessity for workers to participate in matters related to OSH.

Continues Workers’ participation in OSH matters should be informed by the “30 rights” that are also elaborated in ILO R.164 and are broadly grouped as follows: - Rights of information - Defense rights - Protection in case of emergency - Rights beyond the enterprise - Rights to changes

Promotional Framework for OSH Convention, 2006 (No.187) Result of the ILO Global Strategy on OSH. C.187 is based on 4 elements: - A national policy - A national system of OSH - A national programme - Promotion of a national preventative safety and health culture Main crux of this instrument is “preventative culture,” defined as: - Right to a safe and healthy working environment - Social partners participation in securing a safe and working environment through a system of defined rights, responsibilities & duties

Continues - According the principle of prevention the highest priority - Applying constantly and systematically a gender perspective to health and safety at work - System of inspection and control - Cooperation among inspectors, employers and workers - Effective cooperation with research institutes, universities & health and safety services. Workers and their representatives can contribute to effective labour inspection by: - Informing on working conditions & shortages of preventative measures - Demanding the intervention of the Labour Inspector - Workers’ representative being accorded the right to accompany inspectors during visits in the company

Annex 1: Conventions & Recommendations on Occupational Safety and Health OSH Convention, 1981 (No. 155) Protocol of 2002 to the OSH Convention, 1981 (No.155) Occupational Health Services Convention, 1985 (No. 161) Promotional Framework for OSH Convention, 2006 (No.187) Radiation Protection Convention, 1960 (No. 115) Occupational Cancer Convention, 1974 (No. 139) Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Asbestos Convention, 1986 (No. 162) Chemicals Convention, 1990 (No. 170) Prevention of Major Industrial Accidents Convention, 1993 (No. 174) Instruments to be revised White Lead (Painting) Convention, 1921 (No.13) Guarding of Machinery Convention, 1963 (No. 119) Maximum Weight Convention, 1967 (No.127) Benzene Convention, 1971 (No.136) Up-to-date instruments (Specific Risks) Hygiene (Commerce & Offices) Convention, 1964 (No. 120) Safety & Health Construction Convention, 1988 (No. 167) Safety & Health in Mines Convention, 1995 (No. 176) Safety & Health in Agriculture Convention, 2001 (No. 184) Instrument with interim status Underground Work (Women) Convention, 1935 (No.45) Out-dated instrument Safety Provisions (Building) Convention, 1937 (No.62) Recommendation OSH Recommendation, 1981 (No. 164) Occupational Health Services Recommendation, 1885 (No. 171) Promotional Framework for OSH Recommendation, 2006 (No. 197) Protection of Workers’ Health Recommendation, 1953 (No. 97) Welfare Facilities Recommendation, 1956 (No. 102) List of Occupational Diseases Recommendation, 2002 (No.194) Prevention of Industrial Accidents Recommendation, 1929 (No. 31) Replaced Recommendations Occupational Health Services Recommendation, 1959 (No. 112) Safety Provisions (Building) Recommendation, 1937 (No.53) Co-operation in Accident Prevention (Building) Recommendation, 1937 (No. 55) Radiation Protection Recommendation, 1960 (No. 148) Occupational Cancer Recommendation, 1974 (No. 147) Asbestos Recommendation, 1986 (No. 172) Chemicals Recommendation, 1990 (No. 177) Prevention of Major Industrial Accidents Recommendation, 1993 (No. 181) Guarding of Machinery Recommendation, 1963 (No. 118) Maximum Weight Recommendation, 1967 (No. 128) Benzene Recommendation, 1971 (No. 136) Anthrax Prevention Recommendation, 1919 (No. 3) Lead Poisoning (Women & Children) Recommendation, 1919 (No. 4) White Phosphorous Recommendation, 1919 )No. 32) Hygiene (Commerce & Offices) Recommendation, 1964 )No. 120Safety and Health in Construction Recommendation, 1988 (No. 175) Safety & Health in Mines Recommendation, 1995 (No.183) Safety & Health in Agriculture Recommendation, 2001 (No. 192)

OSH Codes of Practice The OSH Codes of Practice outline guidelines for public authorities, employers, workers, enterprises and OSH protection bodies .e.g. Safety Committees. Not legally binding instruments. Provide guidance on safety and health at work in certain economic sectors.

Annex 2: List of ILO Codes of Practice Safety and health in underground coalmines Safety and health in ports Guidelines for labour inspection in forestry Occupational Safety and Health in Iron and Steel Industry Safety and health in shipbreaking. Guidelines for Asian countries in Turkey Workplace violence in services sectors and measures to combat this phenomenon Safety and health in the non-ferrous metal industries Managing disability in the workplace Ambient factors in the workplace HIV/AIDS and the world of work Safety in the use of synthetic vitreous fibre insulation wools (glass wool, rock wool, slag wool) Safety and health in forestry work Protection of workers personal data Accident prevention on board ship at sea and in port Recording and notification of occupational accidents and diseases Management of alcohol-and-drug-related issues in the workplace

The End! Any Questions?