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Definition & Legal Instruments
Definition
According to the ILO, safety and health in the workplace is defined as “the discipline dealing with the prevention of work-related injuries and diseases, as well as the protection and promotion of the health of workers”[1], where health “encompasses the social, mental and physical well-being of workers”.
The WHO has summarized the various definitions of occupational safety and health and characterizes OSH practice as activities that:
- Protect and promote the health of workers by preventing and controlling diseases and accidents and by eliminating occupational factors and conditions hazardous to safety and health at work;
- Develop and promote healthy and safe work, work environments and work organizations;
- Enhance the physical, mental and social well-being of workers and supports the maintenance and development of working capacity, as well as professional and social development at work; and
- Enable workers to conduct socially and economically productive lives, while contributing positively to sustainable development.
Occupational safety and health is an integral part of individuals having ‘decent work’, which is defined by the ILO as the “right to productive work in conditions of freedom, equity, security and human dignity”. The ILO states that work can “only be decent if it is safe and healthy”. OSH programmes should therefore provide safe and healthy working conditions for all workers, which includes making special arrangements or provisions for employees with additional needs due to disability or other personal circumstance, such as pregnancy or mental illness. However, there is no zero-risk working environment. That is why OSH should also cover the protection, in the form of compensation and access to medical care, available to workers or their families in the case of an occupational accident or disease.
Sources of Occupational Injuries
- Accidents: Accidents can vary depending on the workplace and the nature of the incident. However, common accidents in the workplace can include slips, trips and falls, cuts and lacerations, vehicle accidents and collisions, and burns.
- Exposure to hazards and hazardous substances: Exposure to hazards can cause a one-off incident (for instance a fall from height), or longer-term issues, such as respiratory disease from inhaling hazardous chemicals over a period of time. Some of the most common hazards include exposure to chemicals, metal elements, dust, silica, loud noise, bright light and gases. Hazardous substances are usually defined in law in the country of operation, but international guidance on the recognition of occupational diseases due to exposure to hazardous substances also exists and is provided by ILO.
- Musculoskeletal disorders and repetitive strain injuries: These injuries occur from manual handling of objects at work. This can range from lifting heavy loads to sitting at a computer for long periods of time. Repetitive motions can also cause long-term injuries such as damage to nerves, joints and muscles if not managed correctly.
- Communicable diseases: Workers risk contracting communicable diseases due to working conditions, such as outdoor work or relocation for employment. Some of the most common and burdensome communicable diseases include malaria, tuberculosis, HIV/AIDS and — since 2019 — COVID-19. There may be other incidences of localized communicable diseases, such as stomach viruses or flu, where workers are close together or share equipment and spaces.
- Mental ill-health: Mental conditions can stem from many causes, but several workplace factors may contribute to or trigger these conditions. Stress and anxiety can result from workplace situations such as excessive working hours, unsafe conditions or bullying in the workplace.
Legal Instruments
ILO Conventions
In June 2022, the ILO Declaration on Fundamental Principles and Rights at Work(1998) was amended to include “a safe and healthy working environment” as a fundamental principle and right at work. Consequential amendments were also made to the ILO Declaration on Social Justice for a Fair Globalization (2008) and the Global Jobs Pact (2009) to reflect this.
The two core ILO conventions that describe the core principles and rights in the field of OSH and serve as the basis for the more advanced safety and health measures described in other OSH instruments are:
- ILO Convention on Occupational Safety and Health, No. 155 (1981)
- ILO Promotional Framework for Occupational Health and Safety Convention (No. 187)(2006)
All Members, even if they have not ratified these two conventions, now have an obligation arising from the very fact of membership in the ILO to respect, to promote and to realize, in good faith and in accordance with the ILO Constitution, the principles concerning the fundamental right to a safe and healthy working environment.
Additionally, the ILO has adopted more than 40 standards specifically dealing with occupational safety and health, as well as over 40 Codes of Practice that address OSH across a range of industries. Other key instruments on occupational safety and health include the following:
- ILO Convention on Occupational Health Services, No. 161(1985)
- ILO Recommendation on Occupational Safety and Health, No. 164(1981)
Businesses can look to conventions relevant to their industry for guidance on what countries that ratified these conventions should be implementing, and what would be expected of businesses. Businesses can also consult ILO Codes of Practice specific to different industries, for example:
Other Relevant ILO Conventions on Safety and Health
ILO conventions on safety and health in particular branches of economic activity include the following:
- ILO Convention on Safety and Health in Agriculture, No. 184 (2001)
- ILO Convention on Safety and Health in Mines, No. 176 (1995)
- ILO Convention on Safety and Health in Construction, No.167 (1988)
- ILO Convention on Hygiene (Commerce and Offices), No.120 (1964)
There are also standards and conventions that address particular working situations, such as how to deal with harmful chemicals or accidents. Key ones include:
- ILO Convention on Prevention of Major Industrial Accidents No. 174 (1993)
- ILO Convention on Chemicals, No. 170 (1990)
- ILO Convention on Radiation Protection, No. 115 (1960)
- ILO Convention on Asbestos, No. 162 (1986)
Complementing the above conventions, the ILO has also adopted specific instruments on the protection that workers should benefit against work-related injury:
- ILO Convention on Social Security (Minimum Standards), No. 102, Part VI (1952)
- ILO Convention on Employment Injury Benefits, No. 121 (1964, amended in 1980)
Other Legal Instruments
The UN Guiding Principles on Business and Human Rights (UNGPs) set the global standard regarding the responsibility of business to respect human rights in their operations and across their value chains. The Guiding Principles call upon States to consider a smart mix of measures — national and international, mandatory and voluntary — to foster business respect for human rights.
Regional and Domestic Legislation
OSH laws differ around the world, with different nations implementing and enforcing their own laws. There are also regional laws and regulations to consider, such as European Union directives on safety and health at work. OSH requirements also differ dramatically between different industries and employment types depending on the risks that the workers face and the activities undertaken. Businesses should check the safety and health laws in their countries of operation and require that suppliers adhere to all safety and health laws in their own countries of operation. For detailed information on country legislation, businesses can refer to ILO’s LEGOSH and NORMLEX database, which provides information on country ratifications of ILO conventions and links to national legislation.Companies are increasingly subject to non-financial reporting requirements and due diligence obligations in the jurisdictions in which they operate, which often include disclosures on their performance. There are several high-profile examples of national legislation that specifically mandate human rights-related reporting and other positive legal duties, such as due diligence, including the United Kingdom Modern Slavery Act 2015, Australian Modern Slavery Act 2018, the California Transparency in Supply Chains Act 2010, the French Corporate Duty of Vigilance Law 2017, the German Act on Corporate Due Diligence Obligations in Supply Chains 2023 and the Norwegian Transparency Act 2022.
Also, in 2021 the Netherlands submitted a Bill for Responsible and Sustainable International Business Conduct, and the European Commission announced its Corporate Sustainability Due Diligence Directive (CSDDD). This Directive is likely to come into force between 2025 and 2027 and will make human rights and environmental due diligence mandatory for larger companies.
These mandatory due diligence and disclosure laws require companies to publicly communicate their efforts to address actual and potential human rights impacts, including health and safety violations. Failure to comply with these obligations leads to real legal risk for companies.