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Advancing social justice, promoting decent work


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A safe and healthy working environment:


a fundamental principle and right at work
June 2022: the International Labour Conference adopted the Resolution on the inclusion of a safe and
healthy working environment in the ILO’s framework of fundamental principles and rights at work
 Amendment of paragraph 2 of the ILO Declaration on Fundamental Principles and Rights at Work
(1998) to include “a safe and healthy working environment” as a fundamental principle and right at
work
 The Occupational Safety and Health Convention, 1981 (No. 155) and the Promotional Framework for
Occupational Safety and Health Convention, 2006 (No. 187) to be considered as fundamental
Conventions
All ILO Member States have now an obligation arising from the very fact of membership in the
Organization to respect, to promote and to realize, in good faith and in accordance with the
Constitution, the fundamental right to a safe and healthy working environment, whether or not they
have ratified the relevant Conventions.

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The fundamental OSH Conventions

Convention No. 155 Convention No. 187


 Policy approach to OSH  Continuous improvement of OSH and
 Actions required at both national and progressive achievement of a safe and healthy
enterprise levels working environment through a national
policy, national system and national
programmes
 National preventive safety and health culture

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Distribution of Member states that have ratified the fundamental OSH


Conventions
Convention No. 155 Convention No. 187

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Where are we now?

Overview of the global implementation status of some key elements contained in the fundamental OSH
Conventions, essential for the realization of a safe and healthy working environment:
 Existence of a national authority responsible for OSH
 Existence of national tripartite body on OSH
 Inclusion of key provisions in the national legal framework
 Protection against undue consequences for workers who remove themselves from dangerous work
situations
 Requirement to establish a joint OSH committee at the workplace level to promote cooperation
between management, workers and their representatives
 Adoption of a national policy
 Development of a national programme on OSH
 Establishment of a national recording and notification system for occupational accidents and diseases
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Authority or body responsible for OSH

 Both Conventions Nos. 155 and 187 require the  Nearly all ILO Member States have an
establishment of an authority or body responsible for OSH. authority or body responsible for OSH.
 OSH bodies are usually charged with developing and
implementing the national OSH policy, programme and
legislation, in consultation with the most representative
organizations of employers and workers.
87% of OSH bodies are
housed in the ministry of labour or a
 They may also be responsible for other elements of the similar body.
national OSH system (e.g., providing advice and
information on OSH, funding or conducting research on  In the other cases, OSH bodies are
OSH). housed in ministries of social affairs,
ministries of health or ministries of
economic development.

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National tripartite body on OSH

79%
 Convention No. 187 requires ILO Member States to set up, where
appropriate, a national tripartite advisory body addressing OSH
issues.
of ILO Member States
 National tripartite OSH bodies are composed of government have a national
representatives and an equal number of representatives of tripartite body
employers’ and workers’ organizations [sometimes, the tripartite
composition can be expanded to involve the representatives of
additional institutions, e.g., OSH institutes].
 Tripartite OSH bodies may also be established at regional or local
levels, as well as at sectoral levels, especially in hazardous industries.

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National tripartite body on OSH


Country examples
Mexico: OSH National Advisory Committee Türkiye: OSH Council
 Led by the Ministry of Labour and composed of  Highest advisory board on developing polices
an equal number of representatives from the and strategies on OSH.
government, employers’ and workers’  Composed of representatives of government,
organizations. workers’ and employers’ organizations.
 Complemented by federal tripartite bodies,  Tripartite composition expanded to involve
chaired by the head of the government of the other non-governmental groups (e.g.
federal district and composed of tripartite engineering and medical associations).
representatives.
 Meetings twice a year.

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Legal framework on OSH

 A comprehensive, prevention-based OSH legal framework is a necessary component of a national


OSH system.
 OSH laws should be generally applicable to all branches of economic activity and all workers.
 Key elements of OSH legislation include:
 Principle of prevention  Participative, collaborative and cooperative arrangements at
 National infrastructure to govern OSH the workplace
 Continuous improvement of national OSH
 Collaboration of undertakings engaging in activities
simultaneously at one workplace
governance
 The right for workers to remove themselves from dangerous
 General outcome-based OSH duties for all
situations
relevant stakeholders
 Other key prerogatives of workers (OSH training, PPE, etc.)
 Workplace processes to manage OSH
 Legally defined sanctions and sanctioning procedures

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Protection against undue consequences for workers who remove themselves from
dangerous work situations

68 %
 Convention No. 155 requires that national action
be taken to protect workers against undue
of ILO Member States protect
consequences if they remove themselves from a
work situation that they have reasonable. workers from undue consequences if they
remove themselves from dangerous situations.
justification to believe presents an imminent and
serious danger to their life and health.
 This right plays a vital role in preventing
occupational accidents and diseases. 80 % of ILO Member States that
have ratified Convention No. 155 recognize the
workers’ right to remove themselves from a
dangerous work situation without undue
consequences

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Requirement to establish a joint OSH committee at the workplace level

73 %
 Convention Nos. 155 and 187 promote cooperation at the
workplace level between management, workers and their
of ILO Member
representatives.
States have provisions in national
 The accompanying Recommendations Nos. 164 and 197 legislation for the establishment of
provide further detail on the establishment in the workplace workplace joint OSH committees.
of joint OSH committees and the designation of workers’

92 %
OSH representatives.
 Joint OSH committees are a successful way to enable of high-income
workers and employers to work together in a collaborative
countries that have ratified
and coordinated way to address OSH issues in the Convention No. 155 require the
workplace. establishment of workplace joint OSH
committees.

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Requirements to establish a joint OSH committee at the workplace level


Country examples
Djibouti Finland
 OSH committees must be created in all industrial  Workers in enterprises with ≥ 10
enterprises, buildings and public services with ≥ 50 workers employees working regularly are
(including with temporary contracts). entitled to elect an OSH
 The committee should include the employer, the OSH representative.
responsible person, a workers’ representative (or two, when  In enterprises with ≥ 20
> 150 employees) and the enterprise doctor or nurse. employees working regularly, an
 The OSH committee must be convened by the employer at OSH committee must be
least 3 times a year, in case of hazardous situations or established for a period of two
following serious accident. years at a time.

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National OSH policy

47 %
 Both OSH fundamental Conventions Nos. 155 and 187 require Member
States to formulate, implement and periodically review a national policy
of ILO
on OSH, in consultation with the most representative organizations of
employers and workers. Member States have a
national OSH policy.
 According to Convention No.155, the aim of the policy shall be to
prevent work-related accidents and diseases, by minimising, so far as is


reasonably practicable, the risks in the working environment.
Convention No. 187 adds the promotion of basic principles such as
26 % of low-
income countries have a
assessing occupational risks or hazards; combating occupational risks
national OSH policy.
or hazards at source; and developing a national preventive safety and
health culture.

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National OSH policy


Country examples
El Salvador Malaysia
 OSH policy published in 2019.  OSH Policy launched in 2019, signed by the
 Key principles: participation; universality; integration; Prime Minister.
equity and equality; non-discrimination.  Commitment of the OSH department to
 Goal: Promoting OSH through the creation of a creating and maintaining a quality, safe
preventive OSH culture. and healthy workplace free of hazards and
risks.
 Definition of strategic axes: national regulatory
framework for OSH; roles and competencies in the
 Focus on ensuring that all workers receive
implementation of the policy; continued education relevant information, directives, trainings
and training; OSH management systems; medical and supervision on how to perform tasks
surveillance; health protection measures; and OSH in a correct and quality manner without
information systems and research. being exposed to risks to health.

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National OSH policy


Country examples
Saudi Arabia Zimbabwe
 National policy on OSH adopted in  National OSH Policy adopted in 2014, aimed at reducing
2021. occupational accidents and diseases.
 Definition of the key principles, the  Promotion of OSH through a tripartite approach.
overall goal and detailed objectives  Emphasis on workers rights to fair and safe labour
of the policy, as well as monitoring practices; to be informed of any OSH risks and their effects;
and performance indicators. and to be consulted in the development of OSH measures.
 Commitment to the enhancement  Areas of strategic focus: OSH awareness; operational
and development of OSH. policies and standards; accreditation of OSH practitioners;
 Development of partnerships at the compliance and enforcement; decent work; hazard
regional and international levels in identification and risk assessment; accident prevention
the field of OSH. culture; and OSH education and training.
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National OSH programme

Convention No. 187 requires Members to formulate,


34 %

implement, monitor, evaluate and periodically review a of ILO Member States
national programme on OSH, in consultation with the most have a national OSH programme.
representative organizations of employers and workers.
 A national OSH programme refers to any national
programme that includes objectives to be achieved in a 8% of low-income countries
have a national OSH programme.
predetermined time frame, priorities and means of action
formulated to improve OSH, and means to assess progress.
 Countries have developed OSH programmes as specific
national strategies on OSH or as OSH plans integrated into 83 % of countries with an
OSH programme also have a national
broader programmes.
OSH policy.

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National OSH programmes


Country examples

Australia: the Work Health and Malta: Strategic Plan for OSH
Safety Strategy 2023–2033 (2022–2027)
 The strategy contributes to
 The plan defines five activity
Australia’s national vision “Safe areas: legislation, compliance
and healthy work for all”, with the and enforcement; capacity-
primary goal of reducing worker building; communication of the
fatalities, injuries and illnesses. benefits of OSH; action against
existing and emerging risks; and
 The strategy defines key enablers, evaluation of effectiveness.
targets, actions and system-wide
shifts required to achieve the goal
 For each area, desired outcomes,
over the upcoming ten years. concrete objectives and main
deliverables are defined.

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National OSH programmes


Country examples
Bangladesh: National Plan of Action on OSH (2021– Ecuador: National Policy on Health at
2030) Work 2019–2025
 First ever national OSH programme, based on  The strategy underpins the shift from a
situational analysis and stakeholder consultations. curative to a preventive model in the
 Definition of strategic objectives, with key activities national health system.
and timeframes, including to improve the OSH  It contains key objectives related to health
regulatory and institutional frameworks; improve promotion and prevention of work
management of chemicals and hazardous accidents and diseases; social dialogue;
substances; prevent occupational diseases; promote creation of OSH tools to support
workers’ participation and empowerment; promote productivity; development of practical
OSH in SMEs; implement national surveillance system; solutions, knowledge and evidence in the
promote international cooperation on OSH; mobilize field of OSH; OSH improvements in the
resources for OSH. informal sector.
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National recording and notification system for accidents and diseases

91 %
 Provisions governing recording and notification systems are
outlined in both fundamental OSH Conventions No.155 and 187.
of ILO Member
 The Protocol of 2002 to Convention No. 155 was specifically States have established a system
adopted to promote the harmonization of recording and for the recording and notification
notification systems. of occupational injuries and
diseases.
 The collection and analysis of data of occupational accidents and
diseases is essential for identifying their causes and detecting


new hazards and emerging risks. This is key to define priorities
and design effective preventive strategies on OSH, at all levels
Underreporting of occupational diseases and injuries remains a
41 % of ILO Member
States with a recording and
global challenge, even where reporting and notification systems notification system in place
provided data to the ILO in the
exist. past five years.
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We have an essential responsibility to


ensure that people go to work and
come home alive, uninjured, and
healthy. This year, on World Day for
Safety and Health at Work, we can
celebrate an important step towards
this goal: the designation of a safe and
healthy working environment as a
fundamental principle and right at
work.
 Gilbert F. Houngbo , 11th ILO Director-General

Advancing social justice, promoting decent work

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