Transcript ICEM HIV/AIDS Workshop Johannesburg, South Africa

Protecting Workers Rights
In Construction
IFBWW OSH Training
Tanzania March 2005
working life in construction
Construction
provides much
needed employment for many of
the world’s poorest and most
vulnerable people.
111 million workers
75%in developing countries
Construction provides work for low skilled
or entry level workers
 Of special importance for the landless
poor
 Large numbers of rural - urban migrants
look for work in construction
 The industry is dominated by micro
enterprises
 90% of firms have less than ten workers
 Workers are recruited through
intermediary agents, labour only
subcontractors or directly at pick up points
for day labouring
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Decent Work
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This is the main policy agenda of the
International Labour Organisation. Decent
Work applies to all workers, including
those on daily wages and in very
temporary, informal employment.

Decent Work is work that is carried out in
a safe physical environment with
conditions which respect the rights of
workers as defined in national law and
international conventions.
Reality is far from decent
 Employment
is almost completely
informal. No social or legal protection.
 Exploitative, dangerous, dirty working
conditions
 Inhumane living conditions, no
amenities, water, shelter
 Hazardous Child labour in brick kilns
and quarries, roads and infrastructure
Reality is far from decent
 Bonded
Labour through debts and
advances, especially with migrant labour
 Discrimination in employment and
Inequality in wages
 Exploitative wages and long working
hours
 Active hostility towards workers who try
to organise
International Labour Standards
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The ILO Declaration of Fundamental
Principles and Rights at Work (1998)
Core Labour Standards cover four areas and
are defined in eight ILO Conventions
Freedom of association and the effective
recognition of the right to collective bargaining,
Elimination of forced or compulsory labour,
Abolition of child labour
Elimination of discrimination in respect of
employment and occupation.
Other Key ILS
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Health, Safety and welfare of the workforce
to be protected
Wages to be paid in full and on time, to
meet legal minima and be sufficient for
basic needs.
Working hours to be limited; overtime to be
paid
All relevant social security regimes to be
applied to all workers without distinction.
Rights to Workers’ Representation
Convention 94 Labour Clauses in Public
Procurement
Working Conditions:
Every
year over 100,000
construction workers are killed
in site accidents
Almost
all of these deaths are
foreseeable and preventable
Routine work - well known
hazards - but no collective
prevention measures…..
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Falls: roof work, no edge protection
Inadequate, unguarded scaffolding
Unprotected openings and shafts
Inappropriate use of ladders
Excavations: not shored up, unstable
Struck or crushed by objects, materials, walls
or vehicles.
Electrocutions
Invisible and ignored
 work
related ill health accounts for many
hundreds of thousands of premature
deaths. Asbestos diseases alone kill
about 100, 000 people every year
 yet….
 Published data grossly underestimates
the real number of accidents, and
reporting of work related ill health is
practically non existent.
Building Ill Health
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Deafness
Vibration syndromes
Back injuries
Musculo skeletal disorders
Respiratory illness, asthma,silicosis, asbestos
diseases, lung cancer, asbestosis,
mesothelioma
Central nervous system disorders
Reproductive ill health
Renal, hepatic,cardio-vascular problems
Dermatitis
HIV AIDS, malaria,tuberculosis.
Why lack of prevention?
� Deregulation, downsizing and outsourcing
� Reduced budgets and unfair competition
� Penalty clauses and time pressure
�Precarious contractual conditions
�Low trade union density, low social status
�Governments passive and permissive
Leading to chaotic working
conditions. Lack of:
Compliance with basic legislation.
� Planning and co-ordination.
� Responsibilities and management
system for health and safety
� Investment in prevention measures
� OHS policy, supervision and
instruction,
information and
training.
� Possibility for workers to exercise their
�
Costs at macro economic level
Prevention
of injuries and ill health
is a development issue
4% GDP of any nation lost on
workplace accidents and ill health
A practical area for immediate
improvements and tangible
benefits to the poor
Exploitative employment and
labour practices
�Precarious contractual conditions,
informal work, rural - urban migration
� Workers seen as a cost by employers
�Productivity and time pressure
�Low trade union density, low social status
of construction workers, poverty, lack of
respect for human and trade union rights
�Governments passive and permissive on
workers rights and social protection
The role of Governments
Legislation, policy and tripartite
structures
 Establish Tripartite
National
Legislative and Policy agenda on OHS
and Welfare
 Sector- specific tripartite bodies, such
as: Advisory Committees,National
Interest Groups, Construction Industry
Development Boards and Training
Boards
Role of Governments
 Ratification,
transposition and practical
implementation nationally of relevant
ILO Conventions, Recommendations,
Codes of Practice and Guidelines.
 (Convention 167 and Recommendation
175 on Safety and Health in
Construction, 1988. Code of Practice
on Safety and Health in Construction
1991. Abundant Guidance on making
construction work safe).
Legislation
Promotion activities: guidelines, information,
training and qualifications, assistance,
inspections. Targeted campaigns on
specific hazards and prevention measures.
Enforcement and real deterrents: the fear
factor: costs of fines and compensation,
social stigma and loss of license or liberty
for negligent employers.
Employers Organisations
 Institutional
participation on legislation
and policy
 Promotion of compliance and good
practice in the industry
 Mandatory training and skills
certification
 Compulsory employers liability
insurance
Employers Organisations
Collective Bargaining
Recognition of trade unions for collective
bargaining and workers participation in
prevention on site.
Establishment of Health and Safety Policies,
internal regulations, Health and Safety
management Systems and Joint Health and
Safety Committees.
Informality and cut-throat
competition undermine rights
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There is an extremely high level of
competition in the construction industry
and contractors win bids by lowering
their costs.
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Labour is a major component of these
costs.
Construction contract
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Thus the winning tender may well be the
one which pays the lowest wages, does
not provide safety equipment or have
coverage for accidents, and which has
the largest proportion of informal
workers, for whom no tax or social
security is paid, and who are not covered
in practice by any legal or social
protection.
Construction contract
In this situation, the construction contract
becomes a potentially important
mechanism for the implementation of
labour laws and improving conditions
 There is a clear need for clauses that
relate specifically to labour standards to be
included in the contract documents.
 Standard bidding documents; construction
contract general conditions and particular
conditions; plans and specifications
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Health, safety and welfare costs
should be included as mandatory
components in tender documents
Sanitation, water, food and shelter .
 First aid and health services.
 Planning, co-ordination and operation of
health and safety management system
including training and workers participation
 Collective and individual measures to
protect workers safety and health.
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Evaluation of tenders on OHS
Selection criteria for tenders should
include past performance and current
capacity on OHS and welfare
 Volume and type of past output, OHS
policy, budget, resources, system and
structure, reporting system including
near misses, accident performance,
worker training and consultation.
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OHS targets should be audited
against each contractor on site;
 Demonstrated
commitment to OHS
through policy, management, skills
levels.
 Ensure structures and and resources to
implement policy and comply with law
 Ensure communication and coordination between contractors and the
participation of workers, including
induction training
Conditions of tender on OHS
 Project
specific health and safety
proposals for addressing points in
tender
 Create and maintain a Health and
Safety Plan which includes health
and safety policy, risk assessments
and prevention measures
 Present detailed health and safety
Plan before work starts.
Construction contract
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This places formal responsibility on the
contractor, but it is important to develop
a process around the contract, which
involves awareness raising, training
and capacity building for the client,
engineer, contractor and employer, as
well as for the workforce, and which
puts in place agreed mechanisms for
monitoring compliance.
Safety Representatives on site
Low union density is a key factor in
explaining the poor safety standards in our
sectors
 Informal workers are widely dispersed in
small companies and worksites. The use of
casual and temporary labour, subcontracting
chains and informal labour, creates an
increasingly complex working environment
where unions represent workers across
multiple employers.
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Roving Safety Representatives
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Unions at branch or regional level should be
able to provide an appropriate union
representative to support all members of
that union wherever and for whomever they
work. But they need reasonable rights of
access to workplace. And they need to be
trained.
Role of the Safety Representative
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Participate in Health and Safety Committee
Inspections, health /symptom surveys,
accident book, documentation, reports and
recommendations
Information, training and communication with
workers on health hazards and the
prevention measures to be taken.
Represent workers interests, including the
right to refuse dangerous work without
victimisation