| Document ID (ISN) | 112488 |
| CIS number |
12-0074 |
| ISSN - Serial title |
1477-3996 - Policy and Practice in Health and Safety |
| Year |
2005 |
| Convention or series no. |
|
| Author(s) |
Guthrie R., Quinlan M. |
| Title |
The occupational safety and health rights and workers' compensation entitlements of illegal immigrants: An emerging challenge |
| Bibliographic information |
2005, p.41-61. 78 ref. |
| Internet access |
The_occupational_safety_and_health_rights_[BUY_THIS_ARTICLE] [in English]
|
| Abstract |
The past two decades have witnessed a growing level of illegal immigration, particularly into Western Europe, North America and Australia. This article examines the occupational safety and health and workers' compensation obligations of employers who engage illegal entrants, or persons working contrary to visa requirements, and the rights of those workers. While the primary focus of the paper is on the Australian experience, comparison is made to the situation in the United States Europe. Available evidence indicates that foreigners working illegally are more likely to be subjected to exploitative (in terms of wages and conditions) and unsafe employment practices. Although occupational safety and health statutes in Australia impose an obligation on employers to safeguard all people on their premises even if they are not employees, ensuring that illegal immigrants are protected effectively requires dedicated measures, something government agencies are only beginning to consider. Furthermore, in Australia and the United States, employers may be liable to make workers' compensation payments to illegal workers, although court decisions with regard to such claims are inconsistent and ambiguous. The article concludes by identifying policy interventions that may remedy these problems. |
| Descriptors (primary) |
Australia; workmen's compensation; informal sector; migrant workers; social aspects |
| Descriptors (secondary) |
USA; Europe; comment on law; case law |
| Document type |
D - Periodical articles |
| Subject(s) |
Administration, legislation
|
| Broad subject area(s) |
General safety, health and conditions of work
|
| Browse category(ies) |
Workers' compensation
Ethical issues
Precarious employment
Globalization
|
