Chemical Safety in Asia: Law and PracticeChapter 3Occupational Safety and Health Standards |
Standard Setting
Standard-setting is one of the main tasks of the ILO. International labour standards in the form of legal instruments called Conventions and Recommendations are adopted by at least a two-third majority of the representatives of governments, employers and workers who meet at the International Labour Conference (ILC) each year.
Conventions are comparable to multilateral international treaties; they are open to ratification by member States and, once ratified, become binding obligations. A government that has ratified a Convention is expected to apply its provisions through legislation or other appropriate means as indicated in the text of the Convention. The government is also required to report regularly on the application of ratified Conventions. The extent of compliance is subject to examination by ILO machinery. Complaints about alleged non-compliance may be made by the governments of other ratifying States or by employers' or workers' organizations, and procedures exist for investigating and acting upon such complaints. Conventions that have not been ratified have the same value as Recommendations.
In other words, the ratification of a Convention involves a dual obligation for a member State, since it is a formal commitment, to apply the provisions of the Convention and an expression of the willingness of the ratifying State to accept a measure of international supervision. More than 6,000 ratifications have been registered so far. A Recommendation, which is not subject to ratification, provides more specific guidelines. These instruments define standards and provide a model and stimulus for national legislation and practice in member countries. Of the 176 Conventions and 181 Recommendations adopted so far, more than 50 % relate directly or indirectly to occupational safety and health.
Development of Occupational Safety and Health Standards
Occupational safety and health standards broadly fall into four groups or categories. the first includes standards which aim at guiding policies for action, such as the Occupational Safety and Health Convention, 1981 ( 155), the Occupational Health Services Convention, 1985 ( 161) and their accompanying Recommendations. The second group provides for the protection in given branches of economic activity including mining, the building industry, commerce and offices, and dock work. The third highlights measures of protection, e.g. guarding of machinery, medical examination of young workers, maximum weight of loads to be transported by a single worker. The fourth group provides for the protection against specific risks, e.g. ionizing radiation, benzene, asbestos, prevention of occupational cancer, prevention of air pollution, noise and vibration in the working environment and safety in the use of chemicals including the prevention of major industrial accidents.
The ILO policy on occupational safety and health is essentially contained in two international Conventions and their accompanying Recommendations. The ILO Occupational Safety and Health Convention ( 155) and its accompanying Recommendation ( 164), 1981, provide for the adoption of a national occupational safety and health policy and describe the actions needed at the national and enterprise levels to promote occupational safety and health and to improve the working environment. The ILO Occupational Health Services Convention ( 161) and its accompanying Recommendation ( 171), 1985, provide for the establishment of occupational health services which will contribute to the implementation of the occupational safety and health policy and will perform their functions at the enterprise level.
ILO standards have exerted considerable influence on the laws and regulations of member States. Many texts have been modeled on the relevant provisions of ILO instruments. Drafts of new legislations or amendments are often prepared with ILO standards in mind so as to ensure compliance with ratified Conventions or to permit the ratification of other Conventions. Trade unions use ILO standards to support arguments in bargaining and in promoting legislation. Governments frequently consult the ILO, both formally and informally, about the compatibility of proposed legislative texts with international labour standards.
Further guidance is provided in codes of practice to be used as reference work by anyone in charge of formulating detailed regulations or responsible for occupational safety and health. They are also drawn up with the objective of providing guidance to those who may be engaged in the framing of occupational safety and health programmes. Codes of practice are not intended to replace national laws, regulations or accepted standards. The codes of practice also offer guidelines to employers' and workers' organizations. Their provisions should be read in the context of conditions in the country proposing to use this information and the scale of operation involved. More than 20 codes of practice have been drawn up so far, covering either different sectors of activity (mines, agriculture, forestry, construction and public works, shipbuilding and repairing, iron and steel, prevention of major industrial accidents), or particular risks (ionizing radiations, noise and vibration, exposure to airborne harmful substances, safety in the use of chemicals at work).
Convention concerning Safety in the Use of Chemicals at Work (No. 170), 1990
The purpose of Convention 170, adopted by the International Labour Conference (77th Session, 1990), is to protect workers against the risks associated with the use of chemicals at their workplace. It applies to all branches of economic activity in which chemicals are used. It covers all chemicals without exception and provides for specific measures in respect of hazardous chemicals.
States ratifying the Convention are required to work out a national policy for safety in the use of chemicals at work in accordance with the general principles it sets forth, adopt classification and labelling systems for all such substances and introduce chemical safety data sheets.
The Convention specifies the responsibilities of suppliers in respect of labelling and data sheets and those of employers which are to be discharged in cooperation with the workers of their representatives as regards the identification of substances, operational control, including monitoring of exposure to chemicals, waste disposal, and the information and training of workers. The Convention also details the duties and rights of workers. Lastly, exporting States are responsible for supplying information to States importing their chemicals.
The Recommendation gives additional details on these provisions together with guidelines on how the principles of the Convention should be translated into national legislation.
The text of the Convention appears in Annex 1.
Convention concerning the Prevention of Major Industrial Accidents (No. 174), 1993
The purpose of Convention 174, adopted by the International Labour Conference (80th Session, 1993), is to protect workers, the public and the environment against the risk of major industrial accidents. It requires ratifying States - in consultation with the most representative organizations of employers and workers and other interested parties who may be affected - to formulate a coherent national policy for the protection of workers, the public and the environment against the risk of major accidents. This policy shall be implemented through preventive and protective measures for major hazard installations and, where practicable, promote the use of the best available safety technologies.
Employers are required to identify any major hazard installation within their control, notify the competent authority and maintain a major hazard control system including provision for the identification of hazards and assessment of risks, technical measures such as design and safety systems, organizational steps such as staff training, emergency plans and procedures, and measures to limit the consequences of a major accident.
Taking into account information provided by employers, the competent authority shall ensure that emergency plans and procedures containing provisions for the protection of the public and the surrounding environment are established; it shall also ensure a public information and warning system.
The Convention also sets out the rights and duties of workers and their representatives, including the right to interrupt an activity where they have reasonable justification to believe there is imminent danger of a major accident.
The Convention does not apply to nuclear installations and plants processing radioactive substances - except for facilities handing non-radioactive substances - to military installations, or to transport outside the site of an installation other than by pipeline.
The accompanying Recommendation provides for an international exchange of information on major accidents and the necessary safety and organizational measures. The national policy should be guided by the ILO Code of Practice on the Prevention of Major Industrial Accidents. Recognizing that a major accident could have a serious impact on human life and the environment, it calls on countries to promote systems to compensate workers as quickly as possible after the event and address adequately the effects on the public and the environment.
In a resolution, the Conference recognized that increased exposure to and use of biological agents at work required measures to be taken to minimize the risks to workers, the public and the environment. It asked the ILO to address the issue and consider the need for new international standards.
The text of the Convention appears in Annex 2.
Convention concerning Occupational Safety and Health (No. 155), 1981
Scope and principles
To the greatest extent possible, the provisions of the Occupational Safety and Health Convention ( 155) and Recommendation ( 164) should apply to all branches of economic activity and to all categories of workers (Article 2.1 of the Convention and paragraph 1(2) of the Recommendation). These instruments do not necessarily call for immediate action; it is intended above all to encourage member States to promote the progressive application of new and far-reaching prevention measures at the national level and enterprise level (Article 2.2 and 2.3 of the Convention).
The Convention and Recommendation prescribe the adoption of a coherent national policy on occupational safety, occupational health and the working environment (Article 4.1 of the Convention). The national policy should extend progressively improvements in occupational safety and health to any limited categories which may have been excluded (Article 2.3 of the Convention) and take account of the technical fields of action listed in Article 5 of the Convention and paragraph 3 of the Recommendation.
The reinforcement of tripartism is fundamental to the effectiveness of action for the improvement of working conditions and environment. Measures should be taken to ensure tripartite participation in the formulation, implementation and reviewing of policies and practical measures (Articles 4, 7 and 15 of the Convention and paragraphs 7 and 9 of the Recommendation). The respective functions and complementary responsibilities in this field are defined for public authorities (Article 11 of the Convention), for the employers (Articles 16 and 18 of the Convention) and for the workers (Article 6 of the Convention).
The Convention and Recommendation define the main spheres of action of such a policy. They lay down a series of quite detailed provisions concerning action at the national level and at the level of the undertaking (Article 5 of the Convention and paragraphs 3 and 4 of the Recommendation).
Responsibility of employers at the level of the undertaking
The Convention and Recommendation establish the basic principles of the responsibility of the employers. These shall ensure that, as far as is reasonably practicable (Article 16 of the Convention and paragraphs 10 to 15 of the Recommendation):
- the work place, machinery, equipment and processes under their control are safe and without risk to health; and
- the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken;
and shall provide, when necessary:
- adequate protective clothing and protective equipment; and
- measures to deal with emergencies and accidents including adequate first-aid arrangements.
With a view to achieving these objectives, certain additional obligations are placed upon employers in the Recommendation (paragraph 10: instructions; information and training at all levels; supervision of work, of work practices and of application and use of preventive measures; organizational arrangements regarding occupational safety, health and the working environment).
Cooperation between management, workers and their representatives within the undertaking is an essential element of organization and other measures in implementing a coherent policy on occupational safety and health. The important role of collective bargaining and of action at the enterprise level are emphasized (Article 20 of the Convention and paragraph 12 of the Recommendation).
Responsibilities of workers and their representatives
The Convention and the Recommendation contain basic provisions and provide guidance on the role, responsibilities and rights of workers (Articles 13 and 19 of the Convention and paragraphs 16 and 17 of the Recommendation).
The safety and health arrangements made at the level of the undertaking should ensure that workers:
- take reasonable care of their own safety and that of other persons who may be affected by their acts or omission at work;
- comply with instructions given to their own safety and health and that of others and with safety and health procedures;
- use safety devices and protective equipment correctly and not render them inoperative;
- report forthwith to their immediate supervisor any situation which they have reason to believe could present a hazard and which they cannot correct themselves;
- report any accident or injury to health which may arise in the course of, or in connection with work.
The workers' safety delegates or committees should be given adequate information on safety and health matters. They should be consulted when major new safety and health measures are envisaged so that they could contribute to the decision-making process (Article 20 of the Convention and paragraph 12(1) and (2) of the Recommendation).
Convention concerning Occupational Health Service (No. 161), 1985
The Occupational Health Services Convention and Recommendation are intended to serve as models for the establishment of occupational health services. Their provisions are sufficiently flexible to make allowances for different national circumstances and practices, without losing sight of the guiding principles. Thus, the Convention sets forth a general
framework which should facilitate ratification. After recalling the principles set forth in the Convention, the Recommendation describes the functions of occupational health service.
Since 1950, the ILO and WHO have a common definition of occupational health. This definition was adopted by the Joint ILO/WHO Committee on Occupational Health at its first session (1950) and revised at its 12th Session (1995).
"Occupational health should aim at: the promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations; the prevention amongst workers of departures from health caused by their working conditions; the protection of workers in their employment from risks resulting from factors adverse to health; the placing and maintenance of the worker in an occupational environment adapted to his physiological and psychological capabilities and, to summarize: the adaptation of work to man and of each man to his job.
The main focus in occupational health is on the three different objectives: (i) the maintenance and promotion of workers' health and working capacity; (ii) the improvement of working environment and work to become conductive to safety and health; and (iii) development of work organizations and working cultures in a direction which supports health and safety at work and in doing so also promotes positive social climate and smooth operation and may enhance productivity of the undertakings. The concept of working culture is intended in this context to mean a reflection of the essential value systems adopted by the personnel policy, principles for participation, training policies and quality management of the undertaking".
Scope and principles
The instruments underline the importance of the definition of a coherent national policy on occupational health services in the light of national conditions and in consultation with the representative organizations of employers and workers. The functions of the services should be appropriate to the specific risks of the enterprises (Article 3 (1) of the Convention).
The competent authority shall consult the representative organizations of employers and workers on the measures to be taken to give effect to the provision of the Convention (Article 4).
Functions
The Occupational Health Services Convention and Recommendation:
- propose a comprehensive approach to keeping the working environment safe and healthy;
- cover primary, secondary and tertiary prevention;
- are consistent with the primary health care approach;
- establish ambitious objectives but are very flexible on the manner to achieve them;
- define tasks for services but place even greater emphasis on the manner in which they should be performed;
- emphasize ethics in occupational health.
The occupational health services are entrusted with essentially preventive functions and responsible for advising the employers, the workers and their representatives in the undertaking on:
- the requirements for establishing and maintaining a safe and healthy working environment which will facilitate optimal physical and mental health in relation to work;
- the adaptation of work to the capabilities of workers in the light of their state of physical and mental health.
The functions are listed under Article 5 of the Convention and described in more detail in the Recommendation under five headings:
- surveillance of the working environment;
- surveillance of workers' health;
- information, education, training and advice;
- first-aid, treatment and health programmes;
- other (emergency readiness, epidemiology, etc.).
Paragraph 28 of the Recommendation summarizes the functions and the action of occupational health services:
"Occupational health services should analyze the results of the surveillance of the workers' health and of the working environment, as well as the results of biological monitoring and of personal monitoring of workers' exposure to occupational hazards, where they exist, with a view to assessing a possible connection between exposure to occupational hazards and health impairment and to proposing measures for improving the working conditions and environment."
Organization
As regards the organization of services, the instruments are extremely flexible (Articles 6 and 7 of the Convention) because the emphasis is not on administrative structures but on objectives, on the best use of resources (financial and health personnel) and on cooperation.
The employers, the workers and their representatives are required to cooperate and participate in the implementation of the organization of occupational health services (Article 8 of the Convention).
Conditions of operation
There is special emphasis on conditions of operation of occupational health services and, in particular, on the following:
A multidisciplinary approach is necessary in order to fulfil the functions attributed to occupational health services. Article 9 of the Convention and paragraph 36 of the Recommendation provide for such an approach. This raises practical problems:
- how to organize such services (basic team, access to services, comprehensive services, objectives determined in common);
- training needed for personnel;
- role of the occupational health physician.
Confidence is necessary and this is based on five conditions:
(i) qualification (Article 11 of the Convention and paragraph 36 of the Recommendation);
(ii) professional independence (Article 10 of the Convention and paragraph 37 of the Recommendation);
(iii) confidentiality (paragraph 14 of the Recommendation);
(iv) information (Article 13 of the Convention and paragraph 22 of the Recommendation);
(v) participation in organization (Article 8 of the Convention and paragraph 13 of the Recommendation).
Some specific points in the Recommendation
- Need to establish a programme (paragraphs 4 and 33(2)).
- Medical examination and health assessments (paragraph 11).
- Fitness for work (paragraphs 16 and 17).
Due care should be taken of the difficulty of defining a sound and balanced approach between health and work (right to the protection of health and the right to have a job); guidance is given in the Recommendation (paragraphs 11(2) and 16 to 18).
Ethics and evaluation
The ethical dimension of occupational health is increasingly taken into account and emphasis is placed on the need for quality and evaluation of occupational health services. It is not only necessary to determine what should be done but also for which purpose and under which conditions. The ILO Recommendation on Occupational Health Services introduced a first set of principles in this respect. Further guidance is given by the International Code of Ethics for Occupational Health Professionals adopted by the International Commission on Occupational Health (ICHO) in 1992.
In 1995, the Joint ILO/WHO Committee on Occupational Health emphasized that "quality assurance of services must be an integral part of the occupational health services development. It is unethical to give poor quality of service". The ICOH Code of Ethics prescribes that "occupational health professionals should institute a programme of professional audit of their own activities in order to ensure that appropriate standards have been set, that they are being met and that deficiencies, if any, are detected and corrected".
The social and ethical values agreed upon by the international community are incorporated into the ILO Conventions and Recommendations, as well as in the WHO policy on "Health for All". Over the last decade the concept of "sustainable development" has progressively emerged and, after the Rio Conference and the Social Summit in Copenhagen, takes now into account the inter-relationships between employment, health and the environment. The common goal of a "safe and healthy working environment for all" will reinforce the determination of all those involved in occupational safety and health to better reinforce the determination of all those involved in occupational safety and health to better serve the health of workers and to contribute to a sustainable and equitable development for all. One of the main challenges in occupational health may well be to resolve the conflict between values such as the right to health and the right to work at the level both of the individual and all workers, with the aim of protecting health and allowing employment.
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