Presentation for China Migrant Labour Occupational Health and Safety Project - June, 2009 Overall Policy and Regulatory Considerations Affecting Migrant Workers

Canadian Centre for Occupational Health and Safety Cities are the centre of population and industrial activity Cities play an extremely important role in national economy and social development: Maintain urban sustainability Improve urban carrying capacity for population, resources and environment Coordinate urban and rural economic and social development

Canadian Centre for Occupational Health and Safety Scientific planning, legal management and improving systems Planning that meets the needs of accelerating and sustainable development of cities Development of plans based on urban environmental capacity, resource carrying capacity and carrying capacity for population Regulating and managing construction and development

Canadian Centre for Occupational Health and Safety Urban-Rural Development Developing economy and urban employment capacity Establishing unified urban-rural labour force markets Eliminating various discriminative employment policies toward migrant workers Strengthening employment service system for transferring rural workers and improving their employability Integrating public service resources to meet the requirements of migrant workers

Canadian Centre for Occupational Health and Safety Pollution prevention and urban ecological environment incorporating migrant workers Pollution control Clean production technology, equipment, etc. Household registration system, social security system and land system Urban community management system

Canadian Centre for Occupational Health and Safety Health, Safety and Wellbeing Approach to a regulatory framework appropriate to the specific circumstances

Canadian Centre for Occupational Health and Safety Approaches to OSH Regulatory Framework In the context of the rapidly changing world of work, it is important to determine what kind of measures are most likely to influence organizational behaviour and improve OHS outcomes, while being: Enforceable Capable of implementation At an acceptable cost under the particular circumstances.

Canadian Centre for Occupational Health and Safety The regulatory process needs to ensure that: As work relationships changes, responsibilities continue to rest on those with real control and influence on health, safety and well-being All relevant risks continue to be given due attention The diversity of organizations – large, medium, small, micro and sole operator are recognized, and Structural changes such as downsizing, outsourcing, etc. are taken into consideration

Canadian Centre for Occupational Health and Safety Four main options are available Specification standards General duties Performance-based, and Systematic process/system-based

Canadian Centre for Occupational Health and Safety Coverage of risks is expanding Physical or chemical hazards Hazardous work Biological changes Psycho-social concerns Job design Human interactions Organizational culture Life-style considerations

Canadian Centre for Occupational Health and Safety Specification Standards Outline precisely what prevention measures to take Compliance can be readily ascertained Applies equally to all relevant Suits where specific prohibitions or control measures apply May overlook behaviour or unspecified risks Do not allow alternative solutions and may stifle innovation No incentive for continuous improvement of occupational health and safety outcomes and performance Less suited to control risks that change over time

Canadian Centre for Occupational Health and Safety General Duties – “Principle-based” Duty to take all (reasonably) practical measures Codify principles of negligence established under the common law and impose duties of care Requires attention to a wide range of risks Do not date quickly and allows innovation

Canadian Centre for Occupational Health and Safety General Duties – “Principle-based” (cont’d) Entails considerable uncertainty for duty holders and inspectors Not explicit regarding attention to a wider range of risks Require reinforcement by regulations or evidentiary standards to clarify the nature and extent of responsibilities

Canadian Centre for Occupational Health and Safety Performance-based Standards Specify the outcome of the occupational health and safety improvement or the designed level of performance Concrete measures are left open for duty holder to adapt to local circumstances Two types A)measurable outcome eg. exposure levels B)describe performance outcomes, eg. ergonomic, remote or isolated work

Canadian Centre for Occupational Health and Safety Performance-based Standards (cont’d) Can accommodate change – technology or organizational Do not require a holistic approach to risk management Do not provide incentives for continuous improvement

Canadian Centre for Occupational Health and Safety Systems Process / Systems-based Standards Identify a particular process or series of steps to be followed A holistic approach to manage occupational health and safety A systematic occupation health and safety management system (OHSMS) to plan, organize, implement and maintain action and for continuous improvement

Canadian Centre for Occupational Health and Safety Systems Process / Systems-based Standards (cont’d) Senior management drives OHSMS strategy Comprehensive approach to risk management Active involvement of workers Understanding and “know-how” to support and resource OHSMS activities Monitoring, auditing and continuous improvement

Canadian Centre for Occupational Health and Safety

Canadian Centre for Occupational Health and Safety Characteristics of Different Types of Standards Types of Standards CharacteristicSpecificationGeneral DutyPerformanceSystematic OHSM Specifies preventive measures  Defines OHS outcomes Very broadly  Provides processes for pursuing OHS improvements Includes some  Comprehensive coverage of hazardsOnly as mandated   Accommodates to changes in technology and work  Allows alternative preventive measures and innovation  Addresses organizational factors influencing OHS performance Not explicity  Encourages compliance above minimum requirements and continuous improvement Does not impede  Provides benchmark of compliance (for duty holders and enforcers)  If clearly defined

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