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International Labour Organisation (ILO)

The labour-environment nexus: Exploring new frontiers in labour law

Sustainable Work

Biological hazards in the working environment

By staff - International Labour Organization, July 13, 2023

The ILO released a report Biological Hazards in the Working Environment in 2022. The report contains a survey which calls on governments to respond and to ensure that employers and trade unions in their countries also respond. The ILO is now circulating the survey directly to trade unions and employers to ensure that it gets more response.

The promotion of safe and healthy working environments has been a constant objective of the International Labour Organization (ILO) since it was founded in 1919. The ILO has adopted a significant body of international instruments and guidance documents to promote the safety and health of workers and assist constituents in strengthening their capacities to prevent and manage workplace hazards and risks.

An important step forward in this respect was taken during the 110th Session (2022) of the International Labour Conference when the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), were recognized as fundamental Conventions within the meaning of the ILO Declaration on Fundamental Principles and Rights at Work. 1 Accordingly, all ILO Members, even if they have not ratified the Conventions in question, 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 principles concerning the fundamental rights which are the subject of those Conventions.

Download a copy of this publication here (link).

Chemicals and climate change in the world of work: Impacts for occupational safety and health

By staff - International Labour Organization, July 5, 2023

Climate change has profound impacts on, and synergies with the world of work, especially regarding the sound management of chemicals. Many chemicals that are produced and utilized in the workplace can have impacts on the environment and climate, with climate change in turn impacting the ability to safely store, transport and use chemicals.Appropriate climate change adaptation and mitigation measures are needed as a matter of urgency.

The inclusion of a ‘safe and healthy working environment’ as an ILO fundamental principle and right atwork (FPRW) provides a framework for action to tackle emerging risks to workers from climate change,through a systems approach to managing occupational safety and health (OSH). Addressing harmful chemical exposures in the working environment through effective OSH policies and practices are a top priority for advancing climate change agendas and ensuring decent working conditions.

Download a copy of this publication here (link).

Technical guidelines on biological hazards in the working environment

By staff - International Labour Organization, July 13, 2023

Since the General Conference of the International Labour Organization (ILO) in 1919 adopted the Anthrax prevention recommendation- R003 calling upon Member States to make arrangements for the disinfection of wool infected with anthrax spores there have been significant advances in the knowledge about biological hazards, their prevention, and the treatment of diseases they cause. However, despite many improvements including the eradication of smallpox and the regional elimination or control of other infectious diseases, the threat from biological hazards continues to be a global challenge. The COVID-19 pandemic has demonstrated that the world of work needs to anticipate and be prepared for known and emerging biological threats. SARS-Cov-2 has also highlighted the importance of the community-workplace interface and the need of strengthened collaboration between occupational health services and public health institutions.

The objective of the Technical Guidelines on Biological Hazards adopted by the 346th Session of ILO’s Governing Body in November 2022 (GB.346/INS/17/3) is to provide governments, employers, workers, and their organizations with key principles for the effective management of biological hazards in the working environment, in line with ILO standards and principles. The guidelines were drafted by a group of international specialists and were adopted by a tripartite meeting of experts from different countries that met in Geneva from 20 to 24 June 2022.

Through the dissemination and promotion of these guidelines, the ILO is committed to continuing to
respond to its constitutional objective of supporting its constituents in managing current, emerging, and re-emerging biological hazards in the working environment to ensure the protection of health and life of all workers.

Download a copy of this publication here (PDF).

International Workers’ Memorial Day 2023: Organise for safe and healthy workplaces

By staff - International Trade Union Confederation (ITUC), April 24, 2023

On International Workers’ Memorial Day, 28 April, trade unions are promoting the role that organising plays in making workplaces safer and healthier as we remember all working people who have lost their lives to workplace accidents and disease.

Workers’ unions are planning to use the new ILO fundamental right to a safe and healthy working environment to tackle the shocking death toll of three million workers who die each year because of their work, with tens of millions more suffering life-changing injuries and ill health.

Trade unions will use organising to ensure that the new fundamental right is put into practice and makes a positive difference to the daily lives of working people. The two ILO Conventions (155 and 187) provide backing for union organising, through the creation of workplace safety committees with worker representation, and worker safety representatives in workplaces.

This organising can improve the working environment through the right to refuse dangerous work and consultation rights over risk assessments, occupational health services and the provision of personal protective equipment. Convention 187 also requires the creation of national tripartite health and safety bodies with representation for government, workers and employers.

Combatting toxic workplaces

Around the world, unions will use 28 April to fight risks like asbestos and toxic chemicals, and hazards like long hours and stress in the workplace, as well as demanding an increase in the number of countries ratifying and implementing all ILO health and safety Conventions.

ITUC Deputy General Secretary Owen Tudor said: “Every working person has the right to expect to return home at the end their day’s work. No one should die just to make a living.”

Trade unions make work safer, and they have already saved lives in these areas:

Silicosis

Companies are continuing to expose millions of workers to excessive levels of silica dust, which can cause deadly cancers and lung diseases. Australian unions won new restrictions on products containing silica and cut in half the exposure limit to silica for workers, which could see cases of deadly silicosis drop to one-sixth of the current level.

Seafarers

In 2022, a Dutch court handed an important victory to the ITF, FNV Havens and Nautilus NL who had brought a legal case against Marlow Cyprus, Marlow Netherlands and Expert Shipping. The court ruled that ship managers, ship owners and charterers must honour the non-seafarer’s work clause that only professional dockers do demanding, skilful lashing work when they are available, rather than seafarers. The decision means greater safety for seafarers and secures jobs for dockers.

Nursing homes

In 2020/21, 75,000 nursing home residents in the USA died from the SARS-CoV-2 virus with more than one million nursing home workers testing positive. Unionised nursing homes reported Covid-19 mortality rates of residents 10.8% lower and an infection rate of workers 6.8% lower.

Kazakhstan: stop corrupt practices in oil and gas region, respect workers and their unions

By staff - International Trade Union Confederation (ITUC), April 17, 2023

The ITUC demands that the government of Kazakhstan immediately implements ILO recommendations, restores the status of the Trade Union of Fuel and Energy Industry Workers as the recognised sectoral union and carries out reforms to tackle discrimination in the sector.

It comes after over a hundred oil workers were arrested on 11 April for demonstrating in the capital, Astana, to highlight their unjust, exploitative and indecent treatment.

They were protesting after around 250 oil workers had been fired in the town of Zhanaozen by the company Ali Ber after it lost a contract with Kazmunaigaz, the state oil and gas company. In 2011, 17 people were killed and a hundred more injured there when security forces brutally ended a peaceful protest of several months over wages and working conditions that involved thousands of people.

Meaningful social dialogue

ITUC President Akiko Gono said: “This is typical of the corrupt way in which oil and gas is run in Kazakhstan, all at the expense of working people. Kazmunaigaz moves contracts between different operating companies to run down working conditions. These companies fire their workers when they lose contracts and the new, winning company re-employs some, but not all, and usually on worse conditions.

“This has to stop. Solutions are readily available to manage things in a much fairer way and give workers a voice. This will improve conditions in the sector and increase productivity. Social dialogue and collective bargaining are the best means to achieve transparency, stability and sustainability, but this cannot be genuine when freedom of association is restricted in law and practice.

“We demand the full implementation of the ILO recommendation on Kazakhstan, including on freedom of association, and the registration of the Trade Union of Fuel and Energy Industry Workers. This will lead to meaningful social dialogue and bargaining, which is a building block for tackling the corruption in the sector and ensuring decent work.

“Also, all charges against the workers who protested this week must be dropped. With the reforms we are demanding, they will have a channel to express their concerns and the next crisis can be averted.”

In meetings with the ILO Committee on Application of Standards, with several ILO officials and with an ITUC mission to the country, the government of Kazakhstan has promised to implement ILO recommendations. However, it has only made modest moves to improve collective dispute resolution processes and simplify industrial action by amending labour legislation. It must go further and promote genuine collective bargaining. It has yet to ensure full freedom of association in law, by amending trade union legislation, and in practice, by facilitating and not obstructing registration of unions. This should include ITUC affiliate the Confederation of Independent Trade Unions of Kazakhstan and the Trade Union of Fuel and Energy Industry Workers.

Green Unionism and Human Rights: Imaginings Beyond the Green New Deal

By Chaumtoli Huq - Pace Environmental Law Review, January 2023

Web Editor's Note: This publication contains an error, identifying the International Woodworkers of America (IWA), a CIO union, as an IWW affiliate. This is inaccurate. The IWA was cofounded by many radical workers, including (but not limited to) members of the IWW, but it was never an IWW union itself.

The Green New Deal harkens us back to the nostalgia of the New Deal era when a diverse and comprehensive set of federal legislation, agencies, programs, public work projects and financial reforms were implemented between 1933 and 1939 by President Franklin D. Roosevelt to promote economic recovery. Among them, relevant to this essay’s focus on labor, was the passage of the National Labor Relations Act (NLRA) which provided legal protection to organizing, and supporting unionization and collective bargaining. However, due to political compromises, categories of workers including domestic workers and agricultural workers, who were mostly Black and immigrants were excluded from the NLRA’s coverage. Despite these exclusions, it was a time when the New Deal state seemed to be a strong ally of workers and the labor movement. Industrial peace and security were dominant narratives fueling much of the New Deal legislation. This industrial peace and security rhetoric suppressed the radicalization and rising militancy of the labor movement of the time such as the Industrial Workers of the World (IWW). Moreover, the law was actively used to prosecute criminally radical unionists and through other extra-judicial means.

New Deal policies solidified one form of unionism, referred to as business or contract unionism which is based on the idea that the union or labor movement brokers wages, benefits from its members, through collective bargaining agreements, and unions become servicers or administrators of those benefits. Such an approach heavily defers to law, state and legislative spaces as the protector of labor rights; thereby, ceding power away from worker or community control. In contrast, social unionism espoused the view that the role of the labor movement was to build worker power which gives them greater control over their livelihood, workplaces and environment. This view encompassed a wide spectrum of political ideologies and strategies. Social unionism broadly advanced that unions should address the economic interests of its members, encourage them to be active on broader issues of social justice and engage with the state to pass protective worker legislation.18 Under the social unionism view, syndicalists like IWW were skeptical or at most contemptuous of the legal system and emphasized the direct role of the union as agents of social change and governance.

Read the report (PDF).

Realizing the Green Jobs Promise

By Raul Alfaro-Pelico, Charlie Bloch, Nick Pesta, and Madeline Tyson - Rocky Mountain Institute, November 2022

The switch to a carbon-free economy is the biggest economic opportunity of our era. The International Energy Agency and other analysts have predicted that this wave of market-driven innovation will create two to six “green jobs” for each fossil fuel job lost. The promised jobs are already arriving — the 2022 Annual Review by the International Labour Organization and the International Renewable Energy Agency reported that renewables alone had created more than 12 million jobs as of 2021.

But as well-researched and credible as such studies are, unfulfilled promises of prosperity have left many people skeptical about clean energy job claims, a skepticism that is commonly accompanied by the belief that the future holds less opportunity than the past. Even before COVID-19, two out of three people felt pessimistic that the gap between the rich and poor in their own country would ever improve. In fact, the U.N.’s World Social Report 2020 identifies four megatrends that are contributing to growing inequality for more than 70 percent of the global population: climate change, technological innovation, urbanization, and international migration. As a result, narrowly framing job numbers as a direct tradeoff between fossil fuel jobs lost and clean energy jobs gained risks undermining political and popular support for the clean energy transition.

A clean energy focus also misses the bigger picture of our rapidly changing global economy, obscuring the “hidden” costs and risks within our current economic system as well as the nascent opportunities embedded in a shift to a more sustainable economy. Compounding forces — pandemics and supply chain fragilities, new technologies and networked intelligence, and climate change and environmental degradation — are creating unprecedented rates of change in the global economy. Workers, communities, and companies cannot afford to ignore the big picture of what the future holds.

Read the report (Link).

“It’s time to transform” LVC welcomes the UN Special Rapporteur’s report on COVID-19 and the right to food

By staff - La Via Campesina, September 6, 2022

After more than two years, the COVID-19 pandemic is still a reality in our daily lives. More people today still bear the brunt of the pandemic with health restrictions, limited access to markets, worsening hunger and poverty, inequality, and also repression to people’s fundamental rights. During this period, hundreds of millions of people have contracted COVID-19, and over six million people succumbed to death. For peasants and other people living in rural areas, the pandemic has shown the importance of local, peasants’ food systems that are feeding the people and preventing widespread hunger. It is time to transform. The rights of people, dignity, and solidarity, not profits, should be the foundation of the new society post-pandemic.

In similar notes, Michael Fakhri, the UN special rapporteur on the right to food, examines the emerging issues concerning the COVID-19 pandemic and the right to food. The report, entitled “The right to food and the coronavirus disease pandemic” (document A/77/177, available in English, Spanish, French, Arabic, Chinese, and Russian).

In this report, Fakhri summarizes the current situation of pandemic and framing the problem during pandemic times: especially the lack of concerted actions by governments all over the globe and the exacerbated situations done by corporations in putting profits first before humanity. The Special Rapporteur goes further showing the fragility of our general food systems in these pandemic times, highlighting that “[The pandemic] has underlined the value of sharing and solidarity, and the importance of the application of traditional, local knowledge in times of extreme hardship. Communities persevered when they were not exclusively dependent on food value chain operations for their food security. Resilient solutions included localized markets, public food reserves and associated public food distribution systems, mutual assistance and the sharing of food, as well as jut transition to agroecology [as a means for adapting to climate change].”

The report benefited from a series of regional consultations with civil society and inputs from Member States of the United Nations. Therefore it is worth to mention that just transition for workers was raised as one of the solutions for immediate response to the pandemic and the current food crisis, along with upholding land rights and genuine agrarian reform, curtailing corporate power, developing action plans on the right to food based on the principles of solidarity, self-sufficiency, and dignity, addressing debt crisis and financial needs, and ensuring that international trade law and policy create fair and stable markets.

The important report also makes good references to the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP), the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), provisions from International Labour Organization (ILO) and United Nations Children’s Fund (UNICEF), also the Food and Agricultural Organization (FAO).

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