Amount of compensation paid and number of cases reported increase yearly
Overall annual rate of occupational fatal and non-fatal accidents is estimated at 270 million
160 million workers suffer from work-related diseases; Two-thirds cause a loss of four or more working days
Economic impact: (including compensation, training costs, medical expenses, loss of working days): roughly 4% of GNP
ILO figures
The DoL has acknowledged the cost of non-adherence to OHS (amendments promised)
The DoL has acknowledged the cost of non-adherence to OHS (amendments promised)
Death, disability, loss of income, decline in GDP, general cost to the country
Over 230 000 workplace accidents / 10 000 diseases reported per annum (excludes self-employed and ICs, issue of under-reporting in Southern Africa)
Estimated at R30 billion a decade ago (3,5% of GDP)
Costs to employers, workers and their families and the state (CF paid R2,3 billion last year)
“Unfortunately, the most creative social protection systems cannot confront a tidal wave of health problems from insecure, hazardous and low-quality jobs”
“Unfortunately, the most creative social protection systems cannot confront a tidal wave of health problems from insecure, hazardous and low-quality jobs”
An awareness of the social cost or injuries / diseases is seriously lacking
Developing world / globalisation / informalisation / GFC considerations
General remarks
Occupational Safety and Health Convention No. 155 of 1981 (ratified in 2003): (tripartite occupational health systems, rights and responsibilities)
Occupational Safety and Health Convention No. 155 of 1981 (ratified in 2003): (tripartite occupational health systems, rights and responsibilities)
“Each member shall, 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.”
Identify functions and responsibilities of all stakeholders (but recognise complementary character)
Review national policy at regular intervals
Adequate and appropriate system of inspection and enforcement – adequate penalties for violations
States must provide guidance to employers and workers to assist them to comply with their legal obligations
No cost to workers
Addresses the standard of “reasonably practicable”
Addresses the standard of “reasonably practicable”
The Convention also provides for the protection of a worker from unfair consequences - removal from situation of imminent and serious danger (SA cases)
Prescribes that the coverage of safety and health law is to apply to all branches of economic activity and to all branches of activity covered
Safety and Health in Mines Convention No. 176 of 1995
Occupational Health Services Convention No. 161 of 1981
Safety and Health in Construction Convention No.167 of 1988
Chemicals Convention No 170 of 1990
Prevention of Major Industrial Accidents Convention No 174 of 1993
Attempts to raise the profile of OHS as an issue both nationally and internationally
Attempts to raise the profile of OHS as an issue both nationally and internationally
Safe work is an integral part of the ILO’s decent work agenda
Fundamental building blocks of a global OHS strategy are the building and maintenance of a national preventative safety and health culture
Right to a safe and healthy working environment is respected at all levels;
Right to a safe and healthy working environment is respected at all levels;
Governments, employers and workers actively participate to secure a safe and healthy working environment through a system of defined rights, responsibilities and duties; and
The principle of prevention is accorded the highest priority
Requires making use of all available means to increase:
Requires making use of all available means to increase:
General awareness,
knowledge and
understanding of the concepts of hazards and risks and how they may be prevented or controlled
National policy in consultation with representative organisations
National policy in consultation with representative organisations
Develop a national OHS system containing the infrastructure to implement the policy
Analyse the national OHS situation
Implement over a specific period of time
Collaboration with any occupational injury programme
Does SADC comply with international standards, specifically the ILO’s Occupational Safety and Health Convention No 155 of 1981?
Does SADC comply with international standards, specifically the ILO’s Occupational Safety and Health Convention No 155 of 1981?
Most recent legislation, eg SA, mostly compliant
Applies to more than just employees
Tripartite council (although advisory)
Training obligations (inform employees and health and safety reps)
Challenging aspect: how to extend the legal coverage to include small-scale enterprises, rural workplaces and the inspection of machinery and equipment prior to the installation thereof in the workplaces
Challenging aspect: how to extend the legal coverage to include small-scale enterprises, rural workplaces and the inspection of machinery and equipment prior to the installation thereof in the workplaces
The need to institute a common standard in the SADC region, given that it is now more integrated and there is a greater flow of labour, goods and services (Art 12 of the Social Charter)
The need to institute a common standard in the SADC region, given that it is now more integrated and there is a greater flow of labour, goods and services (Art 12 of the Social Charter)
Bi-partite / multi-lateral agreements
Protocol on Mining and Protocol on Health exists (co-operation / best practice sharing)
National Institute for Occupational Health / SADC
SADC Ministers meeting pressurising ratification
Technical Co-operation Programme: 1996
Training programmes
Kenya: National Occupational Safety and Health Policy (June 2010)
Kenya: National Occupational Safety and Health Policy (June 2010)
Follows the creation of a Common Market Protocol for the East African Community (EAC)
Increased mobility of labour foreseen – developing an OSH culture seen as a key part of this progress
Policy developed following an extensive consultative process
Collaboration planned for the road ahead
Conducted a national OHS Panel review
Conducted a national OHS Panel review
The First Report of the Panel was then commented on by stakeholders / academics, prior to a second review
EG: commented on meaning of “reasonably practicable”
Basic model for occupational health and safety laws developed (with flexibility for States)
Regular comparison and bench-marking with New Zealand
Mesothelioma surveillance system developed: collects data on workers who have been exposed to certain hazardous substances
Mesothelioma surveillance system developed: collects data on workers who have been exposed to certain hazardous substances
Might result in occupational diseases after a long latency period (eg asbestos-related diseases)
Rebate system in China
Fair labour practices
Fair labour practices
Right to a safe environment that promotes health and well-being
Right to have access to social security
Freedom and security of the person
Life (Taskin v Turkey), human dignity, equality
Mankayi: interpreting the common law in line with the Constitution
Loewenson:
Loewenson:
“In industrialised countries, standard setting in unclear situations may err on the side of controlling risks, but in poorer countries this often errs on the side of continued exposure”
Immediate costs to enterprises sometimes limit efforts to improve work safety (same issue re treatment of disabled in workplaces?)
The burden of uncertainty is borne here by workers
Also an outflow of occupational health professionals
Increasing proportion of manufacturing and industry shifted to the developing world
Increasing proportion of manufacturing and industry shifted to the developing world
Leads to higher level of injury and disease risk
50% of South African still employed in hazardous sectors (mining, construction, transport, agriculture and manufacturing)
Job insecurity, contingent work arrangements and rising informality have adverse OHS outcomes
Rise in injury rates, diseases rates, hazard exposures and work-related stress
Temporary workers, sub-contractors and self-employed persons tend to have a very limited understanding of their own responsibilities / inadequate training in OHS procedures
OHS design does not cater for this
High level of occupational accidents and diseases:
High level of occupational accidents and diseases:
Indicate that laws and strategies aimed at prevention can / should be improved
Re-evaluate regulatory strategies also because of growing informalisation (non-standard contractual arrangements / self employment / workers in the informal economy / role of unions / regulation???)
Share of the those engaged in informal work is as high as 90% in some African countries
Increasing proportion of workers not protected by compensation or prevention laws
Many small employers don’t have the capacity to comply with OHS standards
Liberalisation associated with deregulation of production laws
Liberalisation associated with deregulation of production laws
Add to the pressures on OHS standards
OHS laws sometimes do not apply in some EPZs
Penalties for breach of occupational health laws have been set at absurdly low levels (relative to other production costs)
Patchy law enforcement
Criminal sanctions for breach rarely invoked
Inadequately resourced government inspection systems
Non-application of laws in the informal sector
Rapid and uneven production changes have not been accompanied by the necessary transfer of:
Rapid and uneven production changes have not been accompanied by the necessary transfer of:
Information
Technology
Skills
Regulatory capacity
“The health problems emerging from liberalized competitive production processes demand that production be organized to meet sustainable development goals, not only in terms of economic growth, but also in the development and health of human resources”
“The health problems emerging from liberalized competitive production processes demand that production be organized to meet sustainable development goals, not only in terms of economic growth, but also in the development and health of human resources”
ILO: “The economic crisis has impacted negatively on OHS since 2008, especially regarding migrant workers” (women, children also worst affected)
ILO: “The economic crisis has impacted negatively on OHS since 2008, especially regarding migrant workers” (women, children also worst affected)
Growth of small businesses and the growing informalisation of work is an issue
Lack of capacity to take preventative measures
Informal workers more than 7 times as likely to be involved in accidents than those in the formal sector
